61.592 Retirement of persons working in hazardous positions. - Kentucky Statutes

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61.592 Retirement of persons working in hazardous positions. (1) (a) "Hazardous position" for employees participating in the Kentucky Employees Retirement System, and for employees who begin participating in the County
Employees Retirement System before September 1, 2008, means:
1. Any position whose principal duties involve active law enforcement,
including the positions of probation and parole officer and
Commonwealth detective, active fire suppression or prevention, or other
positions, including, but not limited to, pilots of the Transportation
Cabinet and paramedics and emergency medical technicians, with duties
that require frequent exposure to a high degree of danger or peril and
also require a high degree of physical conditioning; 2. Positions in the Department of Corrections in state correctional
institutions and the Kentucky Correctional Psychiatric Center with
duties that regularly and routinely require face-to-face contact with
inmates; and 3. Positions of employees who elect coverage under KRS 196.167(3)(b)2.
and who continue to provide educational services and support to inmates
as a Department of Corrections employee. (b) "Hazardous position" for employees who begin participating in the County Employees Retirement System on or after September 1, 2008, means police
officers and firefighters as defined in KRS 61.315(1), paramedics, correctional
officers with duties that routinely and regularly require face-to-face contact
with inmates, and emergency medical technicians if:
1. The employee's duties require frequent exposure to a high degree of
danger or peril and a high degree of physical conditioning; and 2. The employee's duties are not primarily clerical or administrative. (c) The effective date of participation under hazardous duty coverage for positions in the Department of Alcoholic Beverage Control shall be April 1,
1998. The employer and employee contributions shall be paid by the employer
and forwarded to the retirement system for the period not previously reported. (2) (a) Each employer may request of the board hazardous duty coverage for those positions as defined in subsection (1) of this section. Upon request, each
employer shall certify to the system, in the manner prescribed by the board,
the names of all employees working in a hazardous position as defined in
subsection (1) of this section for which coverage is requested. The
certification of the employer shall bear the approval of the agent or agency
responsible for the budget of the department or county indicating that the
required employer contributions have been provided for in the budget of the
employing department or county. The system shall determine whether the
employees whose names have been certified by the employer are working in
positions meeting the definition of a hazardous position as provided by
subsection (1) of this section. This process shall not be required for employees
who elect coverage under KRS 196.167(3)(b)2. (b) Each employer desiring to provide hazardous duty coverage to employees who begin participating in the County Employees Retirement System on or after
September 1, 2008, may request that the board approve hazardous duty
coverage for those positions that meet the criteria set forth in subsection (1)(b)
of this section. Each employer shall certify to the system, in the manner
prescribed by the board, the names of all employees working in a hazardous
position as defined in subsection (1)(b) of this section for which coverage is
requested and a job description for each position or employee. The
certification of the employer shall bear the approval of the agent or agency
responsible for the budget of the department or county indicating that the
required employer contributions have been provided for in the budget of the
employing department or county. Each employer shall also certify, under
penalty of perjury in accordance with KRS Chapter 523, that each employee's
actual job duties are accurately reflected in the job description provided to the
system. The system shall determine whether the employees whose names have
been certified by the employer are working in positions meeting the definition
of a hazardous position as defined in subsection (1)(b) of this section. The
board shall have the authority to remove any employee from hazardous duty
coverage if the board determines the employee is not working in a hazardous
duty position or if the employee is classified in a hazardous duty position but
has individual job duties that do not meet the definition of a hazardous duty
position or are not accurately reflected in the job descriptions filed by the
employer with the system. (3) (a) An employee who elects coverage under KRS 196.167(3)(b)2., and an employee participating in the Kentucky Employees Retirement System who is
determined by the system to be working in a hazardous position in accordance
with subsection (2) of this section, shall contribute, for each pay period for
which he receives compensation, eight percent (8%) of his creditable
compensation. An employee participating in the County Employees
Retirement System who is determined by the system to be working in a
hazardous duty position in accordance with subsection (2) of this section shall
contribute, for each pay period for which he receives compensation, eight
percent (8%) of his creditable compensation. (b) Each employer shall pay employer contributions based on the creditable compensation of the employees determined by the system to be working in a
hazardous position at the employer contribution rate as determined by the
board. The rate shall be determined by actuarial methods consistent with the
provisions of KRS 61.565. (c) If the employer participated in the system prior to electing hazardous duty coverage, the employer may pay to the system the cost of converting the
nonhazardous service to hazardous service from the date of participation to
the date the payment is made, or the employer may establish a payment
schedule for payment of the cost of the hazardous service above that which
would be funded within the existing employer contribution rate. The employer
may extend the payment schedule to a maximum of thirty (30) years. Payments made by the employer under this subsection shall be deposited to
the retirement allowance account of the proper retirement system and these
funds shall not be considered accumulated contributions of the individual
members. If the employer elects not to make the additional payment, the
employee may make the lump-sum payment in his own behalf or may pay by
increments. Payments made by the employee under this subsection shall not
be picked up, as described in KRS 61.560(4), by the employer. If neither the
employer nor employee makes the payment, the service prior to hazardous
coverage shall remain nonhazardous. (4) The normal retirement age, retirement allowance, other benefits, eligibility requirements, rights, and responsibilities of a member in a hazardous position, as
prescribed by subsections (1), (2), and (3) of this section, and the responsibilities,
rights, and requirements of his employer shall be as prescribed for a member and
employer participating in the State Police Retirement System as provided for by
KRS 16.505 to 16.652. (5) Any person employed in a hazardous position after July 1, 1972, shall be required to undergo a thorough medical examination by a licensed physician, and a copy of the
medical report of the physician shall be retained on file by the employee's
department or county and made available to the system upon request. (6) If doubt exists regarding the benefits payable to a hazardous position employee under this section, the board shall determine the benefits payable under KRS 61.510
to 61.705, or 78.510 to 78.852, or 16.505 to 16.652. Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 55, effective July 15, 2010; and ch. 104, sec. 3, effective April 8, 2010. -- Amended 2008 (1st Extra. Sess.) Ky. Acts ch. 1,
sec. 17, effective June 27, 2008. -- Amended 2000 Ky. Acts ch. 210, sec. 3, effective
July 14, 2000; ch. 385, sec. 17, effective July 14, 2000; and ch. 462, sec. 1, effective
April 21, 2000. -- Amended 1998 Ky. Acts ch. 300, sec. 1, effective July 15, 1998. --
Amended 1994 Ky. Acts ch. 185, sec. 1, effective July 15, 1994; and ch. 485,
sec. 15, effective July 15, 1994.