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Kentucky Revised Statutes (Last Updated: May 10, 2014) |
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TITLE VIII. OFFICES AND OFFICERS |
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CHAPTER 61. GENERAL PROVISIONS AS TO OFFICES AND OFFICERS -- SOCIAL SECURITY FOR PUBLIC EMPLOYEES -- EMPLOYEES RETIREMENT SYSTEM |
CHAPTER 61. GENERAL PROVISIONS AS TO OFFICES AND OFFICERS -- SOCIAL SECURITY FOR PUBLIC EMPLOYEES -- EMPLOYEES RETIREMENT SYSTEM
General Provisions |
010. Office not to be sold -- Penalty -- Contracts to sell are void. |
012. Qualification for appointive office or position as to compliance with campaign finance laws. |
015. Residence requirements for office or employment when city or district boundaries altered. |
020. Commissions, which officers required to have. |
030. Discharge of duties, when officer to enter upon. |
035. Deputy may act for ministerial officer. |
040. Conviction of certain crimes vacates office -- Pardon does not avoid. |
050. Officer's acts before conviction are valid. |
060. Official acts may be questioned collaterally, when. |
070. Eligibility of General Assembly member or candidate as administrative board or commission member. |
080. Incompatible offices. |
090. Acceptance of incompatible office vacates first. |
092. Amended and reenacted as KRS 45A.330, effective January 1, 1979. [Amended and reenacted] |
094. Repealed, amended, and reenacted as KRS 45A.335, effective January 1, 1979. [Repealed] |
096. Amended and reenacted as KRS 45A.340, effective January 1, 1979. [Amended and reenacted] |
097. Involvement of local government officers, employees, and their spouses in contracts for solid waste management facilities -- Effect on contract -- Penalties. |
098. Practice of law prohibited. |
100. Dueling disqualifies person to hold office. |
101. Definitions. |
102. Reprisal against public employee for disclosure of violations of law prohibited -- Construction of statute. |
103. Definitions of "disclosure" and "contributing factor" -- Civil action by employee authorized -- Evidence. |
110. State officers at capital may retain residence in home district. |
120. Salary -- Deduction from for failure to perform duty. |
130. Salary of county attorney, county judge/executive or Commonwealth's attorney -- How deducted. |
140. Repealed, effective January 2, 1978. [Repealed] |
150. Member of General Assembly -- How salary deducted. |
160. Closing public offices. |
165. Smoking policy for governmental office buildings or workplaces and postsecondary education institutions. |
167. Smoking prohibited in public areas of Capitol and Capitol Annex -- "Public area" defined -- Each branch may designate smoking areas -- Requirements for smoking area. |
170. Malfeasance or neglect of county officers -- Penalty. |
180. Drunkenness of officer on duty -- Penalty. |
190. Repealed, 2003. [Repealed] |
200. Jury fees, penalty for buying. |
210. Justices, county judges/executive, county attorneys, and mayors or council members of consolidated local government not to be interested in public improvements -- Penalty. |
220. Fiscal court members and mayors or council members of a consolidated local government not to be interested in public improvements or claims against county -- Penalty. |
230. Sheriff and collector not to be interested in public improvements or claims against state or county -- Penalty. |
240. County attorney and clerks not to buy claims against county -- Penalty. |
250. Repealed, 1994. [Repealed] |
251. Definitions for KRS 61.252. |
252. Prohibition against city officers and employees contracting with city or city agency for property or services -- Exceptions -- Penalty. |
260. Repealed, 1994. [Repealed] |
270. Repealed, 1994. [Repealed] |
280. Repealed, 1994. [Repealed] |
290. Repealed, 1958. [Repealed] |
295. Repealed, 1958. [Repealed] |
300. Nonelective peace officer or deputy -- Qualifications. |
310. Compensation of peace officers -- Other employment -- Gratuities -- Penalties. |
316. Repealed, 2002. [Repealed] |
320. County road officials to turn over money to successor -- Penalty for failure. |
330. Chief state school officer to deliver effects to successor -- Penalty. |
340. County or city clerk to deliver records to successor -- Penalty for failure. |
350. Cemetery companies and burying grounds, penalty for failure to enforce laws relating to. |
360. Special local peace officers -- Appointment -- Fee -- Qualifications -- Removal -- Duties -- Not to impersonate public police officer. |
362. Agreement permitting peace officers to patrol private residential property to enforce state and local traffic and motor vehicle laws. |
365. Named federal employees deemed peace officers in Kentucky. |
370. Repealed, 1966. [Repealed] |
371. Definitions for KRS 61.371 to 61.379. |
373. Restoration of public employee to position after military duty -- Right to leave of absence -- Appeals. |
375. Restored employee discharged only for cause for year -- Seniority. |
377. Leaves of absence to permit induction in military service. |
379. Rules and regulations -- Appeals from failure to restore or discharge -- Procedure. |
380. Certain counties may pay attendance expenses of officers at conferences, meetings or hearings -- Statement of expenses to be filed. |
385. Certain counties may reimburse officers and employees for use of personal motor vehicles on official business. |
387. Equipment of conspicuously marked law enforcement vehicles used for transportation of prisoners. |
390. Facsimile signatures and seals on certain public securities -- Options. |
392. Cabinets to report to Legislative Research Commission on number of full-time employees and full-time equivalents working under contract. |
394. State employees' leave of absence -- Pay -- Unused military leave. |
395. Leave time for state employee who is disaster services volunteer -- Short title. |
396. Employees of political subdivisions eligible. |
400. Suspension or removal of judge. |
405. Use of excess fees by county sheriff or county clerk for health insurance or health maintenance organization coverage. |
407. Transfer of leave balances and retirement service credits from unified prosecutorial system to executive branch. |
409. Law enforcement agency not to establish requirements for employees relating to residency or voter registration -- Exceptions -- Application. |
Social Security for Public Employees |
410. Declaration of policy. |
420. Definitions for KRS 61.410 to 61.500. |
430. Federal-state agreement. |
435. Referendum on coverage under agreement -- Separate system for state colleges. |
440. Interstate instrumentalities. |
450. Contributions by state employees. |
460. Plans for coverage of employees of political subdivisions. |
470. Contribution fund and contingent liability fund. |
480. State contributions authorized. |
490. Rules and regulations. |
500. Retroactive effect of KRS 61.410 to 61.500. |
Kentucky Employees Retirement System |
510. Definitions for KRS 61.510 to 61.705. |
515. Retirement system established -- Fund created. |
520. Participation determined by board and fixed by executive order -- Authority for order. |
521. Repealed, 1996. [Repealed] |
525. Membership. |
526. Members to file statement of facts at retirement office -- Procedures for verification. |
530. Nonelection of membership -- Penalty. |
535. Cessation of membership -- Conditions -- Forfeiture of retirement benefits. |
540. Statement of member and employer -- Summary plan description. |
541. Creditable compensation of fee officers. |
542. Designation of principal and contingent beneficiaries -- Rights -- Effects of change in certain conditions. |
543. Deduction or pick-up of employee contributions -- Service credit -- Educational leave. |
546. Sick leave for employees who began participating before January 1, 2014. |
547. Transfer of annual and sick leave balances by employees. |
550. Cessation of membership -- Loss of benefits. |
552. Service credit regained or obtained -- Purchase of current service and service credit -- Interest paid -- Delayed contribution -- Installment payments. |
5525. Method for determining purchase of service credit -- Exceptions. |
553. Service credit -- Police. |
554. Repealed, 2000. [Repealed] |
555. Service credit, creditable compensation, and other credits for military service. |
557. Service credit -- United States employment service. |
558. Repealed, 2004. [Repealed] |
559. Service required for retirement allowance of members who began participating before January 1, 2014. |
560. Employee's contribution -- Rate -- Picked-up employee contributions. |
565. Employer's contributions -- Reset of amortization period -- Payment of actuarially required contribution rate. |
567. Employer's contributions by credit union. |
569. Reinstated employee -- Contributions on creditable compensation. |
570. Fund assets. |
575. Members' account -- Interest -- Transfer of account balance to retirement allowance account. |
580. Retirement allowance account. |
585. Repealed, 1976. [Repealed] |
590. Filing of Notification of Retirement and Estimated Retirement Allowance forms -- Selection of payment option -- Effective date. |
592. Retirement of persons working in hazardous positions. |
593. Retirement allowance of former member in hazardous position. |
595. Service retirement allowance for members who began participating before January 1, 2014 -- Limitations. |
596. Repealed, 2000. [Repealed] |
598. Employer to pay actuarial costs resulting from certain increases in creditable compensation -- Inquiries from employers -- Hearing and appeal. |
599. Calculation of retirement allowance for members of Kentucky Employees Retirement System. |
600. Disability retirement. |
605. Disability retirement allowance. |
607. Maximum disability benefit -- Determination. |
610. Employment and medical review after disability retirement -- Filing of review forms -- Duty of system to assist in obtaining records. |
620. Repealed, 1976. [Repealed] |
621. Fred Capps Memorial Act -- Eligibility for benefits for duty-related injury. |
623. Electronic fund transfer of retirement allowance required -- Exceptions. |
625. Refund of account balance or contributions. |
626. Repealed, 2009. [Repealed] |
630. Death after retirement -- Refund of contributions. |
635. Optional retirement plans. |
640. Death before retirement -- Beneficiary's options -- Taxable distributions. |
645. Board of trustees -- Powers -- Members -- Executive director and other employees -- Appeals -- Other duties -- Annual financial report -- Trustee education program. |
652. Administration of all excess benefit plans -- Participation in plan -- Determination of benefit amount -- Required contribution of plans. |
655. Board of trustees -- Conflict of interest. |
660. Custodian of funds -- Cash and securities. |
661. Member's account confidential -- Response to subpoenas. |
663. Excess benefit plan -- Purpose -- Excess benefit fund. |
665. Medical examiners -- Ruling on disability retirement -- Appeal -- Referral for evaluation and retraining. |
670. Actuarial bases -- Actuary for Legislative Research Commission. |
675. Employer's administrative duties -- Audit -- Filing of contributions and reports. |
680. Consent of employees to deductions -- Consolidation for determination of eligibility and determination of benefits -- Waiver -- Choice among retirement systems -- Reciprocal arrangements. |
685. Records -- Audits -- System's authority to enforce its powers -- Limitation of liability. |
690. Exemption of retirement allowances -- Taxability after December 31, 1997 -- Domestic relations and child support orders. |
691. Increase of benefits. |
692. Benefits not to be reduced or impaired for members who began participating before January 1, 2014 -- Exceptions -- Amendment of benefits and rights. |
695. Repealed, 1972. [Repealed] |
699. System's ability to require statements under oath. |
700. Repealed, effective January 1, 1975. [Repealed] |
701. Kentucky Retirement Systems insurance trust fund -- Purpose -- Administration -- Participation, regulation, and termination. |
702. Group hospital and medical insurance and managed care plan coverage -- Employee and employer contributions -- Minimum service requirements. |
703. Collection of benefit less than $1,000 by surviving relative. |
705. Death benefit -- Designation of beneficiary -- Debt owed at death -- Assignment of benefit. |
Unfunded Liability Trust Fund |
706. Kentucky Retirement Systems unfunded liability trust fund. |
Financial Disclosure |
710. Persons subject to KRS 61.710 to 61.780. |
720. Definitions. |
730. Date for filing reports. |
740. Information required to be filed. |
750. Reports are public records -- Publication of names of persons failing to file. |
760. Registry may appoint employees, adopt regulations, hold hearings. |
770. Registry may institute action to declare vacancy upon determination violation occurred. |
780. Construction. |
Financial Disclosure Review Commission |
782. Repealed, 1992. [Repealed] |
784. Repealed, 1992. [Repealed] |
786. Repealed, 1992. [Repealed] |
788. Repealed, 1992. [Repealed] |
790. Repealed, 1992. [Repealed] |
Open Meetings of Public Agencies |
800. Legislative statement of policy. |
805. Definitions for KRS 61.805 to 61.850. |
810. Exceptions to open meetings. |
815. Requirements for conducting closed sessions. |
820. Schedule of regular meetings to be made available. |
823. Special meetings -- Emergency meetings. |
825. Repealed, 1992. [Repealed] |
826. Video teleconferencing of meetings. |
830. Repealed, 1992. [Repealed] |
835. Minutes to be recorded -- Open to public. |
840. Conditions for attendance. |
845. Repealed, 1992. [Repealed] |
846. Enforcement by administrative procedure -- Appeal. |
848. Enforcement by judicial action -- De novo determination in appeal of Attorney General's decision -- Voidability of action not substantially complying -- Awards in willful violation actions. |
850. Construction. |
Open Records |
870. Definitions for KRS 61.872 to 61.884. |
871. Policy of KRS 61.870 to 61.884 -- Strict construction of exceptions of KRS 61.878. |
8715. Legislative findings. |
872. Right to inspection -- Limitation. |
874. Abstracts, memoranda, copies -- Agency may prescribe fee -- Use of nonexempt public records for commercial purposes -- Online access. |
8745. Damages recoverable by public agency for person's misuse of public records. |
876. Agency to adopt rules and regulations. |
878. Certain public records exempted from inspection except on order of court -- Restriction of state employees to inspect personnel files prohibited. |
880. Denial of inspection -- Role of Attorney General. |
882. Jurisdiction of Circuit Court in action seeking right of inspection -- Burden of proof -- Costs -- Attorney fees. |
884. Person's access to record relating to him. |
Breaks Interstate Park Commission and Tennesse Valley Authority Peace Officers |
886. Appointment and commissioning of peace officers for the Breaks Interstate Park Commission and the Tennessee Valley Authority. |
887. Powers. |
888. Cessation of powers. |
889. Bond -- Oath -- Copies of bonds to be recorded. |
890. Compensation. |
891. Identification. |
892. Disposition of persons arrested by TVA peace officer. |
Special Law Enforcement Officers |
900. Definitions for KRS 61.902 to 61.930. |
902. Appointment by secretary. |
904. Administration -- Administrative regulations -- Employees. |
906. Requirements for appointment. |
908. Fees. |
910. Revocation or suspension of commission. |
912. Power of arrest. |
914. Other powers. |
916. Use of deadly force to make an arrest. |
918. Use of force less than deadly force. |
920. Area of jurisdiction of special officer. |
922. Construction. |
924. Use of public emergency vehicles. |
926. Special officers designated peace officers -- Authorization to carry a concealed deadly weapon. |
928. Repealed, 1978. [Repealed] |
930. Citation of act. |
Chief Information Officer |
935. Repealed, reenacted, and amended as KRS 11.501. [Repealed, reenacted, and amended] |
936. Repealed, reenacted, and amended as KRS 11.511. [Repealed, reenacted, and amended] |
937. Repealed, 2000. [Repealed] |
938. Repealed, 2000. [Repealed] |
Information Resources |
940. Repealed, 2000. [Repealed] |
942. Repealed, 2000. [Repealed] |
945. Repealed, 2000. [Repealed] |
948. Repealed, 2000. [Repealed] |
950. Repealed, 2000. [Repealed] |
951. Repealed, 2000. [Repealed] |
953. Repealed, 2000. [Repealed] |
954. Repealed, 2000. [Repealed] |
955. Repealed, 2000. [Repealed] |
957. Repealed, effective June 21, 2001. [Repealed] |
958. Repealed, reenacted, and amended as KRS 11.515. [Repealed, reenacted, and amended] |
959. Repealed, reenacted, and amended as KRS 11.517. [Repealed, reenacted, and amended] |
Public Access to Governmental Databases |
960. Repealed, 1994. [Repealed] |
965. Repealed, 1994. [Repealed] |
970. Repealed, 1994. [Repealed] |
975. Repealed, 1994. [Repealed] |
Information Access Assistive Technology |
980. Definitions for KRS 61.980 to 61.988. |
982. Access requirements for state information technology equipment and software. |
984. Procurement of information technology -- Technology access contract clause -- Alternative and nonvisual access standards. |
986. Exclusion of technology access clause -- Conditions -- Exempting from access requirements -- Compliance of existing equipment or software. |
988. Action for injunctive relief for injury due to violation of KRS 61.980 to 61.988. |
Penalties |
990. Penalties. |
991. Penalties. |
992. Repealed, 1994. [Repealed] |