Ky. Rev. Stat. § 61.559

Current through 2024 Ky. Acts ch.225

Section 61.559 - Service required for retirement allowance of members who began participating before January 1, 2014

(1) In lieu of any other benefits due under KRS 61.510 to 61.705, a member who begins participating before September 1, 2008, who has attained the age of sixty-five (65) and who has obtained at least one (1) month of service credit but no more than forty-seven (47) months of service may elect to receive an annual retirement allowance payable monthly or less frequently, as determined by the board, which shall be determined by multiplying his accumulated contributions by two (2) and converting this amount to an annual retirement allowance based on an annuity rate adopted by the board which would pay the actuarial equivalent of twice his accumulated contributions over the lifetime of the retired member.

(2) A member who begins participating before September 1, 2008, who is sixty-five (65) years of age or older is eligible for a retirement allowance determined under KRS 61.595 provided such member has forty-eight (48) months of service, at least twelve (12) of which are current service, or a retirement allowance determined under KRS 61.595 prior to age sixty-five (65) provided:

(a) The member has attained age fifty-five (55) and has service of sixty (60) months at least twelve (12) of which are current service; or

(b) The member is a retired member of the State Police Retirement System, has attained age fifty-five (55), and has service of forty-eight (48) months at least twelve (12) of which are current service; or

(c) The member is less than age fifty-five (55) and has twenty-five (25) or more years of service, at least fifteen (15) of which are current service; or

(d) The member has thirty (30) or more years of service at least fifteen (15) of which are current service, or the member of the Kentucky Employees Retirement System has twenty-seven (27) or more years of service, at least fifteen (15) of which are current service; or

(e) The member of the Kentucky Employees Retirement System has, at least, twenty-six (26) years of service credit, at least sixteen (16) of which are current consecutive years of service as a cabinet secretary or administrative head of one (1) of the three (3) branches of government; or

(f) The member has attained age fifty-five (55) and was an employee of a parted employer at the time his employer became ineligible to continue participation in the system, and his service in the system when added to his service with the parted employer subsequent to his separation from state government equals the early retirement service eligibility requirement of the system on the date his employer became ineligible to continue participation in the system.

(3) A member who begins participating on or after September 1, 2008, but prior to January 1, 2014, is eligible for a retirement allowance determined under KRS 61.595 if:

(a) The member is sixty-five (65) years of age or older and has at least five (5) years of service credited under KRS 16.543(1), 61.543(1), or another state-administered retirement system;

(b) The member is fifty-seven (57) years of age or older and has an age and years of service total of at least eighty-seven (87) years. The years of service used to determine eligibility for a retirement allowance under this paragraph shall only include years of service credited under KRS 16.543(1), 61.543(1), or another state-administered retirement system; or

(c) The member is sixty (60) years of age or older and has at least ten (10) years of service credited under KRS 16.543(1), 61.543(1), or another state-administered retirement system.

(4) Subsections (1) to (3) of this section shall not apply to members who begin participating in the system on or after January 1, 2014. Members who begin participating in the system on or after January 1, 2014, shall receive the retirement benefits prescribed by KRS 61.597.

KRS 61.559

Effective: April 1, 2021

Amended 2021 Ky. Acts ch. 102, sec. 53, effective April 1, 2021. -- Amended 2018 Ky. Acts ch. 107, sec. 37, effective July 14, 2018. -- Amended 2013 Ky. Acts ch. 120, sec. 52, effective July 1, 2013. -- Amended 2008 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 14, effective June 27, 2008. -- Amended 1994 Ky. Acts ch. 502, sec. 2, effective April 13, 1994. -- Amended 1990 Ky. Acts ch. 221, sec. 3, effective July 13, 1990; and ch. 342, sec. 2, effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 232, sec. 4, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 423, sec. 8, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 188, sec. 18, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 311, sec. 14, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 321, sec. 19. -- Amended 1974 Ky. Acts ch. 128, sec. 16. -- Created 1966 Ky. Acts ch. 35, sec. 15.

Amended by 2021 Ky. Acts ch. 102,§ 53, eff. 3/24/2021.

Amended by 2018 Ky. Acts ch. 107,§ 37, eff. 7/14/2018.

Amended by 2013 Ky. Acts ch. 120,§ 52, eff. 7/1/2013.

Effective:6/27/2008
Amended 2008, (1st Extra. Sess.) Ky. Acts ch. 1, sec. 14, effective6/27/2008. -- Amended 1994 Ky. Acts ch. 502, sec. 2, effective 4/13/1994. --Amended 1990 Ky. Acts ch. 221, sec. 3, effective 7/13/1990; and ch. 342, sec. 2, effective 7/13/1990. -- Amended 1984 Ky. Acts ch. 232, sec. 4, effective 7/13/1984. -- Amended 1982 Ky. Acts ch. 423, sec. 8, effective 7/15/1982. -- Amended 1980 Ky. Acts ch. 188, sec. 18, effective 7/15/1980. -- Amended 1978 Ky. Acts ch. 311, sec. 14, effective 6/17/1978. -- Amended 1976 Ky. Acts ch. 321, sec. 19. -- Amended 1974 Ky. Acts ch. 128, sec. 16. -- Created 1966 Ky. Acts ch. 35, sec. 15.

Legislative Research Commission Note (12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.