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96.180   Pension  plan  for  employees  --  Coverage  provided  in  County  Employees Retirement System after August 1, 1988. (1)  The  board  may,  by  proper  order, provide a pension plan for its employees. In the event  the board elects  to  provide a pension plan, it shall determine and formulate 
the  form  of  pension  plan  to  be  used;  determine  and  prescribe  the  eligibility  of 
employees  or  their  dependents  to  a  pension  or  other  benefits;  determine  and 
prescribe  the  monthly  allowance  or  pension  for  employees  or  their  dependents  so 
determined  to  be  eligible  for  a  pension  or  benefits  under  the  pension  plan,  not  to 
exceed, however, a sum equal to one-half (1/2) of the monthly salary or wages of 
any  employee  at  the  time  of  his  or  her  retirement;  appoint  a  commission,  which 
shall consist of three (3) members possessing the qualifications of a member of the 
board,  for  the  administration  of  the  pension  plan  and  prescribe  the  powers  and 
duties of such commission; appoint a trustee of the pension fund, fix the term of his 
office and the compensation of such trustee, and prescribe the powers and duties of 
such  trustee  and  do  and  perform  any  other  or  further  acts  necessary  to  effectuate 
such  pension  plan.  When  a  pension  plan  shall  have  been  adopted,  a  commission 
appointed to administer such plan and a trustee of the pension fund appointed and 
qualified, the board may annually appropriate and pay out of its operating revenue, 
as an operating expense, into the sinking fund, a sum sufficient, when determined 
on  a  fair  actuarial  basis,  to  maintain  the  pension  plan  so  adopted,  not  exceeding, 
however,  a  sum  equal  to  one-half  of  one  percent  (0.5%)  of  the  fair  value  of  the 
utility  property  and  assets.      The  board  may  assess,  and  cause  to  be  paid  into the 
pension  fund  monthly,  such  amount  or  percent  of  the  salary  of  all  employees 
eligible  under  and  electing  to  accept  the  pension  plan  as  may  be  equitably 
determined on a fair actuarial basis, not  to  exceed, however, five percent  (5%) of 
the monthly salary of any employee. The trustee of the pension fund shall give such 
bond as required by the board, the cost of which shall be payable out of the pension 
fund.  The  trustee  of  the  pension  fund  shall  each  year  file  with  the  board  a  report 
showing his actions and his accounts as such trustee. (2)  The board shall have full power to receive any and all funds of property which may be available or become available to the board or the city for use in the creation or 
maintenance  of  a  pension  plan  for  the  employees  of  the  board,  including  but  not 
limiting the power to sign, execute and deliver such receipts, indemnity agreement 
or other writing which either the board or the city may be required to sign, execute 
and deliver to obtain any such fund or property for such purpose. (3)  (a)  After  August  1,  1988,  except  as  permitted  by  KRS  65.156,  no  new  pension fund shall be created pursuant to this section and boards which were covered 
by this section on or prior to August 1, 1988, shall participate in the County 
Employees Retirement System effective August 1, 1988. (b)  Any  board  which  provided  a  pension  plan  for  its  employees  on  or  prior  to August  1,  1988,  shall  place  employees  hired  after  August  1,  1988,  in  the 
County Employees Retirement System. The board shall offer employees hired 
on  or  prior  to  August  1,  1988,  membership  in  the  County  Employees Retirement System under the alternate participation plan as described in KRS 
78.530(3), but such employees may elect to retain coverage under this section. Effective:  July 15, 1988 
History:  Amended 1988 Ky. Acts ch. 11, sec. 10, effective July 15, 1988. -- Amended 1984 Ky. Acts ch. 177, sec. 11, effective July 13, 1984. -- Amended 1964 Ky. Acts 
ch. 19, sec. 1. -- Created 1946 Ky. Acts ch. 212, sec. 12. History of former KRS 96.180: Recodified  1942  Ky.  Acts  ch. 208,  sec. 1,  effective October  1,  1942,  from  Ky.  Stat.  sec. 3290-43,  and  renumbered  as  KRS  96.189, 
effective 1946.