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61.552 Service credit regained or obtained -- Purchase of current service and service credit -- Interest paid -- Delayed contribution -- Installment payments. (1) Any employee participating in one (1) of the state-administered retirement systems who has been refunded his accumulated contributions under the provisions of KRS <br>16.645(21), 61.625, or 78.545(15), thereby losing service credit, may regain the <br>credit by paying to the system from which he received the refund or refunds the <br>amount or amounts refunded with interest at a rate determined by the board of the <br>respective retirement system. The payment, including interest as determined by the <br>board, shall be deposited to the member's contribution account and considered as <br>accumulated contributions of the individual member. The payments shall not be <br>picked up, as described in KRS 61.560(4), by the employer. (2) Any employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems, who has at least forty-eight (48) months of service if <br>age sixty-five (65) or at least sixty (60) months of service if under age sixty-five <br>(65) in the systems administered by the Kentucky Retirement Systems, and who did <br>not elect membership in the County Employees Retirement System, as provided in <br>KRS 78.540(2), may obtain credit in the County Employees Retirement System for <br>prior service and for current service by paying to the County Employees Retirement <br>System a delayed contribution payment for the service he would have received had <br>he elected membership. The delayed contribution payment shall not be picked up, as <br>described in KRS 61.560(4), by the employer. Payment may be by lump sum or the <br>employee may pay by increments. (3) Any employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems, who has at least forty-eight (48) months of service if <br>age sixty-five (65) or at least sixty (60) months of service if under age sixty-five <br>(65) in the systems administered by the Kentucky Retirement Systems, and who did <br>not elect membership in the Kentucky Employees Retirement System, as provided <br>in KRS 61.525(2), may obtain credit in the Kentucky Employees Retirement System <br>for prior service and for current service by paying to the system a delayed <br>contribution payment for the service he would have received had he elected <br>membership. The delayed contribution payment shall not be picked up, as described <br>in KRS 61.560(4), by the employer. Payment may be by lump sum or the employee <br>may pay by increments. (4) An employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems, who has at least forty-eight (48) months of service if <br>age sixty-five (65) or at least sixty (60) months of service if under age sixty-five <br>(65) in the systems administered by the Kentucky Retirement Systems, may obtain <br>credit in the Kentucky Employees Retirement System for current service between <br>July 1, 1956, and the effective date of participation of his department by paying to <br>the system a delayed contribution payment for the service he would have received <br>had his department participated on July 1, 1956. The delayed contribution payment <br>shall not be picked up, as described in KRS 61.560(4), by the employer. Payment <br>may be by lump sum or the employee may pay by increments. (5) (a) An employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems, who has at least forty-eight (48) months of <br>service if age sixty-five (65) or at least sixty (60) months of service if under <br>age sixty-five (65) in the systems administered by the Kentucky Retirement <br>Systems, may obtain credit in the County Employees Retirement System for <br>current service between July 1, 1958, and the effective date of participation of <br>his county by paying to the County Employees Retirement System a delayed <br>contribution payment for the service he would have received had his county <br>participated on July 1, 1958. The delayed contribution payment shall not be <br>picked up, as described in KRS 61.560(4), by the employer. (b) An employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems, who has at least forty-eight (48) months of <br>service if age sixty-five (65) or at least sixty (60) months of service if under <br>age sixty-five (65) in the systems administered by Kentucky Retirement <br>Systems may obtain credit for the period of his service with an area <br>development district created pursuant to KRS 147A.050 or with a business <br>development corporation created pursuant to KRS 155.001 to 155.230 if that <br>service was not covered by a state-administered retirement system. The <br>member shall pay to the retirement system in which he participates a delayed <br>contribution payment, as determined by the board's actuary. The employee <br>may obtain credit for employment with a business development corporation <br>only if the Kentucky Retirement Systems receives a favorable private letter <br>ruling from the United States Internal Revenue Service or a favorable opinion <br>letter from the United States Department of Labor. Payment may be by lump <br>sum or the employee may pay by increments. (6) After August 1, 2000, service credit obtained under the subsections of this section which do not require the employee to have a minimum number of years of service <br>credit to be eligible to make a purchase shall be disallowed and the recontribution of <br>refund, including interest as determined by the board or other payment, if any, shall <br>be paid to the member if the member does not obtain for service performed six (6) <br>months' additional current service credit in one (1) of the state-administered <br>retirement systems. The service requirement shall be waived if the member dies or <br>becomes disabled as provided for by KRS 16.582 or 61.600. (7) The members shall not receive benefit of service for the same period of time in another public defined benefit retirement fund. (8) Any employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems who has at least forty-eight (48) months' service if <br>age sixty-five (65) or at least sixty (60) months' service if under age sixty-five (65) <br>in the retirement systems administered by the Kentucky Retirement Systems, who <br>formerly worked for a state university in a position which would have qualified as a <br>regular full-time position had the university been a participating department, and <br>who did not participate in a defined benefit retirement program at the university <br>may obtain credit in the employee's account in the County Employees Retirement <br>System, the Kentucky Employees Retirement System, or the State Police Retirement System for prior and current service by paying either retirement system <br>a delayed contribution payment for the service he would have received had his <br>period of university employment been covered by the County Employees, Kentucky <br>Employees Retirement System, or State Police Retirement System. The delayed <br>contribution payment shall not be picked up, as described in KRS 61.560(4), by the <br>employer. Payment may be by lump sum, or the employee may pay by increments. (9) (a) Effective August 1, 1980, any county participating in the County Employees Retirement System may purchase current service, between July 1, 1958, and <br>participation date of the county, for present employees of the county who have <br>obtained coverage under KRS 78.540(2); (b) Effective July 1, 1973, any department participating in the Kentucky Employees Retirement System may purchase current service between July 1, <br>1956, and participation date of the department, for present employees of the <br>department who were employees on the participation date of the department <br>and elected coverage under KRS 61.525(2); (c) Cost of the service credit purchased under this subsection shall be determined by computing the discounted value of the additional service credit based on an <br>actuarial formula recommended by the board's consulting actuary and <br>approved by the board. A department shall make payment for the service <br>credit within the same fiscal year in which the option is elected. The county <br>shall establish a payment schedule subject to approval by the board for <br>payment of the service credit. The maximum period allowed in a payment <br>schedule shall be ten (10) years with interest at the rate actuarially assumed by <br>the board; however, a shorter period is desirable and the board may approve <br>any schedule provided it is not longer than a ten (10) year period; (d) If a county or department elects the provisions of this subsection, any present employee who would be eligible to receive service credit under the provisions <br>of this subsection and has purchased service credit under subsection (4) or (5) <br>of this section shall have his payment for the service credit refunded with <br>interest at the rate paid under KRS 61.575 or 78.640; (e) Any payments made by a county or department under this subsection shall be deposited to the retirement allowance account of the proper retirement system <br>and these funds shall not be considered accumulated contributions of the <br>individual members. (10) Interest paid by a member of the Kentucky Employees Retirement System, County Employees Retirement System, or State Police Retirement System under this <br>section or other similar statutes under KRS 16.505 to 16.652, 61.510 to 61.705, or <br>78.510 to 78.852 prior to June 19, 1976, shall be credited to the individual <br>member's contribution account in the appropriate retirement system and considered <br>as accumulated contributions of the member. (11) Employees who served as assistants to officers and employees of the General Assembly who have at least forty-eight (48) months of service if age sixty-five (65) <br>or at least sixty (60) months of service if under age sixty-five (65) in the systems <br>administered by Kentucky Retirement Systems and who were unable to acquire service under KRS 61.510(20) may purchase credit for the service performed after <br>January 1, 1960. Service credit under this section shall be obtained by the payment <br>of a delayed contribution which shall not be picked up by the employer as described <br>in KRS 61.560(4). (12) (a) Effective August 1, 1988, any employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems who has at <br>least forty-eight (48) months of service if age sixty-five (65) or at least sixty <br>(60) months of service if under age sixty-five (65) in the systems administered <br>by Kentucky Retirement Systems may purchase service credit for interim, <br>seasonal, emergency, or temporary employment or part-time employment <br>averaging one hundred (100) or more hours of work per month on a calendar <br>or fiscal year basis. If the average number of hours of work is less than one <br>hundred (100) per month, the member shall be allowed credit only for those <br>months he receives creditable compensation for one hundred hours of work. <br>The cost will be determined as a delayed contribution payment for the period <br>of time involved, which shall not be picked up by the employer as described in <br>KRS 61.560(4). (b) Any noncertified employee of a school board who has at least forty-eight (48) months of service if age sixty-five (65) or at least sixty (60) months of service <br>if under age sixty-five (65) in the systems administered by Kentucky <br>Retirement Systems may purchase service credit for part-time employment <br>prior to the 1990-91 school year which averaged eighty (80) or more hours of <br>work per month on a calendar or fiscal year basis by paying to the County <br>Employees Retirement System a delayed contribution payment. The delayed <br>contribution payment shall not be picked up, as described in KRS 78.610(4), <br>by the employer. Payment may be by lump sum or the employee may pay by <br>increments. If the average number of hours of work is less than eighty (80) per <br>month, the noncertified employee of a school board shall be allowed credit <br>only for those months he receives creditable compensation for eighty (80) <br>hours of work. The cost will be determined as a delayed contribution payment, <br>which shall not be picked up by the employer as described in KRS 78.610(4). (13) A retired member, who is contributing to one (1) of the state-administered retirement programs under the provisions of KRS 61.637(1) to (4) and purchases <br>service credit under this section in the system or systems from which he is retired, <br>shall have his retirement allowance recomputed: <br>(a) Upon termination from employment, if the member is contributing to the same system or systems from which he was retired; or (b) Upon completion of six (6) months' service credit as required under subsection (6) of this section, if the member is contributing to a system other <br>than the system or systems from which he is retired. (14) Any employee participating in one (1) of the systems administered by Kentucky Retirement Systems who has at least forty-eight (48) months of service if age sixty-<br>five (65) or at least sixty (60) months of service if under age sixty-five (65) in the <br>systems administered by Kentucky Retirement Systems may obtain credit for prior or current service for any period of approved educational leave, or for agency-<br>approved leave to work for a work-related labor organization if the agency <br>subsequently participated in the County Employees Retirement System, by paying <br>to the respective retirement system a delayed contribution payment. The employee <br>may also obtain credit for agency-approved leave to work for a work-related labor <br>organization if the agency subsequently participated in the County Employees <br>Retirement System, but only if the Kentucky Retirement Systems receives a <br>favorable private letter ruling from the United States Internal Revenue Service or a <br>favorable opinion letter from the United States Department of Labor. The delayed <br>contribution payment shall not be picked up, as described in KRS 61.560(4), by the <br>employer, and shall be deposited to the individual member's account. (15) Any employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems who has at least forty-eight (48) months of service if <br>age sixty-five (65) or at least sixty (60) months of service if under age sixty-five <br>(65) in the systems administered by Kentucky Retirement Systems may obtain <br>credit for prior or current service for any period of authorized maternity leave, <br>unpaid leave authorized under the Federal Family and Medical Leave Act, or for <br>any period of authorized sick leave without pay, by paying to the respective <br>retirement system a delayed contribution payment. The delayed contribution <br>payment shall not be picked up, as described in KRS 61.560(4), by the employer, <br>and shall be deposited to the individual member's account. (16) Any employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems may purchase service credit under any of the <br>provisions of KRS 16.505 to 16.652, 61.510 to 61.705, or 78.510 to 78.852 by <br>making installment payments in lieu of a lump-sum payment. <br>(a) The cost of the service shall be computed in the same manner as for a lump- sum payment which shall be the principal; and interest, at the actuarial rate in <br>effect at the time the member elects to make the purchase compounded <br>annually, shall be added for the period that the installments are to be made. <br>Multiple service purchases may be combined under a single installment <br>purchase; however, no employee may make more than one (1) installment <br>purchase at the same time. The employee may elect to stop the installment <br>payments by notifying the retirement system; may have the installment <br>purchase recalculated to add one (1) or more additional service purchases; or <br>may pay by lump sum the remaining principal or a portion of the remaining <br>principal. (b) One (1) year of installment payments shall be made for each one thousand dollars (&#36;1,000) or any part thereof of the total cost, except that the total <br>period allowed for installments shall not be less than one (1) year and shall not <br>exceed five (5) years. (c) The employee shall pay the installments by payroll deduction. Upon notification by the retirement system, the employer shall report the installment <br>payments either monthly or semimonthly continuously over each twelve (12) <br>month period at the same time as, but separate from, regular employee contributions on the forms or by the computer format specified by the board. <br>The payments made under this subsection shall be considered accumulated <br>contributions of the member and shall not be picked up by the employer <br>pursuant to KRS 61.560(4) and no employer contributions shall be paid on the <br>installments. (d) The retirement system shall determine how much of the total cost represents payment for one (1) month of the service to be purchased and shall credit one <br>(1) month of service to the member's account each time this amount has been <br>paid. The first service credited shall represent the first calendar month of the <br>service to be purchased and each succeeding month of service credit shall <br>represent the succeeding months of that service. (e) If the employee elects to stop the installment payments, dies, retires, or does not continue employment in a position required to participate in the retirement <br>system, the member, or in the case of death, the beneficiary, shall have sixty <br>(60) days to pay the remaining principal or a portion of the remaining <br>principal of the purchase by lump sum, except that payment by the member <br>shall be made prior to the effective retirement date. If the member or <br>beneficiary does not pay the remaining cost, the retirement system shall refund <br>to the member or the beneficiary the payment, payments, or portion of a <br>payment that does not represent a full month of service purchased. (f) If the employer does not report installment payments on an employee for sixty (60) days, except in the case of employees on military leave or sick leave <br>without pay, the installment purchase shall cease and the retirement system <br>shall refund to the employee the payment, payments, or portion of a payment <br>that does not represent a full month of service purchased. Installment <br>payments of employees on military leave or sick leave without pay shall be <br>suspended during the period of leave and shall resume without recalculation <br>upon the employee's return from leave. (g) If payments have ceased under paragraph (e) or (f) of this subsection and the member later becomes a participating employee in one (1) of the three (3) <br>systems administered by Kentucky Retirement Systems, the employee may <br>complete the adjusted original installment purchase by lump sum or <br>installment payments. If the employee elects to renew the installment <br>purchase, the cost of the remaining service shall be recalculated in accordance <br>with paragraph (a) of this subsection. (17) Any employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems may purchase service credit under any of the <br>provisions of KRS 16.505 to 16.652, 61.510 to 61.705, or 78.510 to 78.852 by <br>transferring funds through a direct trustee-to-trustee transfer as permitted under the <br>applicable sections of the Internal Revenue Code and any regulations or rulings <br>issued thereunder, or through a direct rollover as contemplated by and permitted <br>under 26 U.S.C. sec. 401(a)(31) and any regulations or rulings issued thereunder. <br>Service credit may also be purchased by a rollover of funds pursuant to and <br>permitted under the rules specified in 26 U.S.C. sec. 402(c) and 26 U.S.C. sec. 408(d)(3). The Kentucky Retirement Systems shall accept the transfer or rollover to <br>the extent permitted under the rules specified in the applicable provisions of the <br>Internal Revenue Code and any regulations and rulings issued thereunder. The <br>amount shall be credited to the individual member's contribution account in the <br>appropriate retirement system and shall be considered accumulated contributions of <br>the member. (18) After August 1, 1998, any employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems who is age sixty-five (65) or <br>older and has forty-eight (48) months of service credit or, if younger, who has sixty <br>(60) months of service credit in systems administered by Kentucky Retirement <br>Systems may purchase credit in the system in which the employee has the service <br>credit for up to ten (10) years service in a regular full-time position that was <br>credited to a state or local government-administered public defined benefit plan in <br>another state other than a defined benefit plan for teachers. The employee shall pay <br>a delayed contribution payment. Payment may be by lump sum, or the employee <br>may pay by increments. The employee may transfer funds directly from the other <br>state's plan if eligible to the extent permitted under subsection (17) of this section <br>and to the extent permitted by the other state's laws and shall provide proof that he <br>is not eligible for a retirement benefit for the period of service from the other state's <br>plan. (19) After August 1, 1998, any employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems, who has sixty (60) or more <br>months of service in the State Police Retirement System or in a hazardous position <br>in the Kentucky Employees Retirement System or the County Employees <br>Retirement System, may purchase credit in the system in which the employee has <br>the sixty (60) months of service credit for up to ten (10) years of service in a regular <br>full-time position that was credited to a defined benefit retirement plan administered <br>by a state or local government in another state, if the service could be certified as <br>hazardous pursuant to KRS 61.592. The employee shall pay a delayed contribution <br>payment. Payment may be by lump sum or by increments. The employee may <br>transfer funds directly from the other unit of government's plan if eligible to the <br>extent permitted under subsection (17) of this section and to the extent permitted by <br>the other state's laws, and the employee shall provide proof that he is not eligible for <br>a retirement benefit for the period of service from the other unit of government's <br>plan. (20) Any employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems who has at least forty-eight (48) months of service if <br>age sixty-five (65) or at least sixty (60) months of service if under age sixty-five <br>(65) in the systems administered by Kentucky Retirement Systems and who has <br>completed service as a volunteer in the Kentucky Peace Corps, created by KRS <br>154.01-720, may purchase service credit for the time served in the corps by making <br>delayed contribution payments. (21) An employee participating in any retirement system administered by Kentucky Retirement Systems who has at least forty-eight (48) months of service if age sixty- five (65), or at least sixty (60) months of service if under age sixty-five (65) in the <br>systems administered by Kentucky Retirement Systems, and who was formerly <br>employed in a regional community mental health and mental retardation services <br>program, organized and operated under the provisions of KRS 210.370 to 210.480, <br>which does not participate in a state-administered retirement system may obtain <br>credit for the period of his service in the regional community mental health and <br>mental retardation program, by paying to the state retirement system in which he <br>participates a delayed contribution payment. Payment to one (1) of the retirement <br>systems administered by the Kentucky Retirement Systems may be made by lump <br>sum or in increments. (22) An employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems who has at least forty-eight (48) months of service if <br>age sixty-five (65) or at least sixty (60) months of service if under age sixty-five <br>(65) in the systems administered by the Kentucky Retirement Systems, who was <br>employed by a vocational technical school in a noncertified part-time position <br>averaging eighty (80) or more hours per month, determined by using the number of <br>months actually worked within a calendar or fiscal year, may purchase service credit <br>in the Kentucky Employees Retirement System. The cost of the service shall be a <br>delayed contribution payment, which shall not be picked up by the employer as <br>described in KRS 61.560(4). (23) (a) Any person who is entitled to service credit for employment which was not reported in accordance with KRS 16.543, 61.543, or 78.615 may obtain credit <br>for the service by paying the employee contributions due within six (6) <br>months of notification by the system. No interest shall be added to the <br>contributions. The service credit shall not be credited to the member's account <br>until the employer contributions are received. If a retired member makes the <br>payment within six (6) months, the retired member's retirement allowance <br>shall be adjusted to reflect the added service after the employer contributions <br>are received by the retirement system. (b) Any employee participating in one (1) of the state-administered retirement systems who is entitled to service credit under paragraph (a) of this subsection <br>and who has not repaid the employee contributions due within six (6) months <br>of notification by the system may regain the credit after the six (6) months by <br>paying to the system the employee contributions plus interest at the actuarially <br>assumed rate from the date of initial notification under paragraph (a) of this <br>subsection. Service credit shall not be credited to the member's account until <br>the employer contributions are received by the retirement system. The <br>payments shall not be picked up, as described in KRS 61.560(4), by the <br>employer. (c) Service purchased under this subsection by employees who begin participating on or after September 1, 2008, shall be considered service credited under KRS <br>16.543(1), 61.543(1), or 78.615(1) for purposes of determining eligibility for <br>retirement benefits under KRS 16.505 to 16.652, 61.510 to 61.705, and <br>78.510 to 78.852. (24) Any employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems who has at least forty-eight (48) months of service if <br>age sixty-five (65) or at least sixty (60) months of service if under age sixty-five <br>(65) in the systems administered by the Kentucky Retirement Systems may <br>purchase service credit for employment with a public agency that would have been <br>eligible to participate under KRS 61.520 but which did not participate in the <br>Kentucky Employees Retirement System or a political subdivision that would have <br>been eligible to participate under KRS 78.530 but which did not participate in the <br>County Employees Retirement System if the former public agency or political <br>subdivision has merged with or been taken over by a participating department or <br>county. The cost of the service shall be determined as a delayed contribution <br>payment for the respective retirement system. Payment may be made by lump sum <br>or in increments. The payment shall not be picked up, as described in KRS <br>61.560(4) or 78.610(4), by the employer. (25) Any employee participating in one (1) of the retirement systems administered by the Kentucky Retirement Systems prior to July 15, 2002, who has accrued at least forty-<br>eight (48) months of service if age sixty-five (65) or at least sixty (60) months of <br>service if under age sixty-five (65) in the systems administered by the Kentucky <br>Retirement Systems and who has total service in all state-administered retirement <br>systems of at least one hundred eighty (180) months of service credit may purchase <br>a combined maximum total of five (5) years of retirement service credit which is <br>not otherwise purchasable under any of the provisions of KRS 16.505 to 16.652, <br>61.510 to 61.705, and 78.510 to 78.852. The purchase price for the retirement <br>service credit shall be calculated and paid for as a delayed contribution payment. <br>The payment shall not be picked up, as described in KRS 16.545(4), 61.560(4), or <br>78.610(4), by the employer, and the employee's payment shall be paid into the <br>individual member's contribution account in the appropriate retirement system and <br>shall be considered accumulated contributions of the member. Payment by the <br>member may be by lump sum or by increments. The service purchased under this <br>subsection shall not be used in determining a retirement allowance until the member <br>has accrued at least two hundred forty (240) months of service, excluding service <br>purchased under this subsection. If the member does not accrue at least two hundred <br>forty (240) months of service, excluding service purchased under this subsection, <br>upon retirement, death, or written request following termination, the payment, plus <br>interest as provided in KRS 61.575, shall be refunded. (26) An employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems, who has at least forty-eight (48) months of service if <br>age sixty-five (65), or at least sixty (60) months of service if under age sixty-five <br>(65), in the systems administered by Kentucky Retirement Systems, may obtain <br>credit in the County Employees Retirement System for the period of that employee's <br>service with a community action agency created under KRS 273.405 to 273.453 if <br>that service was not covered by a state-administered retirement system. The member <br>shall pay to the retirement system a delayed contribution payment. Payment may be <br>made by lump sum or in increments. The payment shall not be picked up, as <br>described in KRS 61.560(4) or 78.610(4), by the employer. (27) The board of trustees is authorized to establish a program, subject to a favorable ruling from the Internal Revenue Service, to provide for the purchase of service <br>credit under any of the provisions of KRS 16.505 to 16.552, 61.510 to 61.705, and <br>78.510 to 78.852, pursuant to the employer pick-up provisions in 26 U.S.C. sec. <br>414(h)(2). (28) An employee may obtain credit for regular full-time service with an agency prior to August 1, 1998, for which the employee did not receive credit due to KRS <br>61.637(1), by paying a delayed contribution. The payment shall not be picked up by <br>the employer, except as provided in subsection (27) of this section, and shall be <br>credited to the employee's second retirement account. Service credit obtained under <br>this subsection shall not be used in determining benefits under KRS 61.702. The <br>employee may purchase credit for service prior to August 1, 1998, if: <br>(a) The employee retired from one (1) of the retirement systems administered by the Kentucky Retirement Systems and was reemployed prior to August 1, <br>1998, earning less than the maximum permissible earnings under the Federal <br>Social Security Act; (b) The employee elected to participate in a second retirement account effective August 1, 1998, in accordance with KRS 61.637(7); and (c) The employee has at least forty-eight (48) months of service if age sixty-five (65), or at least sixty (60) months of service if under age sixty-five (65), in a <br>second account in the systems administered by Kentucky Retirement Systems. (29) An employee participating in one (1) of the retirement systems administered by the Kentucky Retirement Systems, who has at least forty-eight (48) months of service if <br>age sixty-five (65) or at least sixty (60) months of service if under age sixty-five <br>(65) in the systems administered by the Kentucky Retirement Systems, may obtain <br>credit for the service in a regular full-time position otherwise creditable under the <br>Kentucky Employees Retirement System, the County Employees Retirement <br>System, or the State Police Retirement System for service in the United States <br>government, other than service in the Armed Forces, for which service is not <br>otherwise given, by paying to the system a delayed contribution payment. Payment <br>may be made by lump sum or in increments. No payment made pursuant to this <br>section shall be picked up by the employer, as described in KRS 61.560(4). (30) An employee participating in a hazardous position in one (1) of the retirement systems administered by the Kentucky Retirement Systems, who has at least forty-<br>eight (48) months of service if age sixty-five (65) or at least sixty (60) months of <br>service if under age sixty-five (65) in the systems administered by the Kentucky <br>Retirement Systems, may obtain credit for service in a regular full-time position in <br>an urban-county government that would qualify for hazardous duty coverage under <br>KRS 61.592 by paying to the system a delayed contribution payment. Payment may <br>be made by lump sum or in increments. No payment made pursuant to this section <br>shall be picked up by the employer, as described in KRS 61.560(4). Effective: June 25, 2009 <br>History: Amended 2009 Ky. Acts ch. 77, sec. 10, effective June 25, 2009. -- Amended 2008 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 12, effective June 27, 2008. -- Amended 2005 Ky. Acts ch. 86, sec. 1, effective June 20, 2005. -- Amended 2004 Ky. Acts <br>ch. 36, sec. 11, effective July 13, 2004. -- Amended 2003 Ky. Acts ch. 169, sec. 9, <br>effective March 31, 2003. -- Amended 2002 Ky. Acts ch. 52, sec. 5, effective July <br>15, 2002; ch. 210, sec. 1, effective July 15, 2002; and ch. 270, sec. 3, effective July <br>15, 2002. -- Amended 2000 Ky. Acts ch. 385, sec. 14, effective July 14, 2000. -- <br>Amended 1998 Ky. Acts ch. 56, sec. 1, effective July 15, 1998; and ch. 105, sec. 9, <br>effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 31, sec. 4, effective July 15, <br>1996; ch. 70, sec. 1, effective July 15, 1996; ch. 167, sec. 10, effective July 15, 1996; <br>and ch. 346, sec. 1, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 406, <br>sec. 2, effective April 11, 1994; and ch. 485, sec. 12, effective July 15, 1994. -- <br>Amended 1992 Ky. Acts ch. 100, sec. 12, effective July 14, 1992; and ch. 240, <br>sec. 21, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 117, sec. 2, effective <br>July 13, 1990; ch. 346, secs. 2 and 3, effective July 13, 1990; and ch. 489, sec. 5, <br>effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 308, sec. 1, effective July 15, <br>1988; ch. 349, sec. 16, effective July 15, 1988; ch. 351, sec. 5, effective July 15, <br>1988; and ch. 404, sec. 1, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 90, <br>sec. 10, effective July 15, 1986; ch. 293, sec. 6, effective July 15, 1986; and ch. 490, <br>secs. 2 and 3, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 329, sec. 1, <br>effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 166, sec. 18, effective July <br>15, 1982; and ch. 423, sec. 7, effective July 15, 1982. -- Amended 1980 Ky. Acts <br>ch. 322, sec. 1, effective July 15, 1980; and ch. 404, sec. 1, effective July 15, 1980. -- <br>Amended 1976 Ky. Acts ch. 321, sec. 16. -- Amended 1974 Ky. Acts ch. 128, <br>sec. 15. -- Amended 1972 Ky. Acts ch. 116, sec. 31. -- Amended 1966 Ky. Acts <br>ch. 35, sec. 4. -- Amended 1964 Ky. Acts ch. 86, sec. 2. -- Created 1962 Ky. Acts <br>ch. 58, sec. 2.

State Codes and Statutes

Statutes > Kentucky > 061-00 > 552

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61.552 Service credit regained or obtained -- Purchase of current service and service credit -- Interest paid -- Delayed contribution -- Installment payments. (1) Any employee participating in one (1) of the state-administered retirement systems who has been refunded his accumulated contributions under the provisions of KRS <br>16.645(21), 61.625, or 78.545(15), thereby losing service credit, may regain the <br>credit by paying to the system from which he received the refund or refunds the <br>amount or amounts refunded with interest at a rate determined by the board of the <br>respective retirement system. The payment, including interest as determined by the <br>board, shall be deposited to the member's contribution account and considered as <br>accumulated contributions of the individual member. The payments shall not be <br>picked up, as described in KRS 61.560(4), by the employer. (2) Any employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems, who has at least forty-eight (48) months of service if <br>age sixty-five (65) or at least sixty (60) months of service if under age sixty-five <br>(65) in the systems administered by the Kentucky Retirement Systems, and who did <br>not elect membership in the County Employees Retirement System, as provided in <br>KRS 78.540(2), may obtain credit in the County Employees Retirement System for <br>prior service and for current service by paying to the County Employees Retirement <br>System a delayed contribution payment for the service he would have received had <br>he elected membership. The delayed contribution payment shall not be picked up, as <br>described in KRS 61.560(4), by the employer. Payment may be by lump sum or the <br>employee may pay by increments. (3) Any employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems, who has at least forty-eight (48) months of service if <br>age sixty-five (65) or at least sixty (60) months of service if under age sixty-five <br>(65) in the systems administered by the Kentucky Retirement Systems, and who did <br>not elect membership in the Kentucky Employees Retirement System, as provided <br>in KRS 61.525(2), may obtain credit in the Kentucky Employees Retirement System <br>for prior service and for current service by paying to the system a delayed <br>contribution payment for the service he would have received had he elected <br>membership. The delayed contribution payment shall not be picked up, as described <br>in KRS 61.560(4), by the employer. Payment may be by lump sum or the employee <br>may pay by increments. (4) An employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems, who has at least forty-eight (48) months of service if <br>age sixty-five (65) or at least sixty (60) months of service if under age sixty-five <br>(65) in the systems administered by the Kentucky Retirement Systems, may obtain <br>credit in the Kentucky Employees Retirement System for current service between <br>July 1, 1956, and the effective date of participation of his department by paying to <br>the system a delayed contribution payment for the service he would have received <br>had his department participated on July 1, 1956. The delayed contribution payment <br>shall not be picked up, as described in KRS 61.560(4), by the employer. Payment <br>may be by lump sum or the employee may pay by increments. (5) (a) An employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems, who has at least forty-eight (48) months of <br>service if age sixty-five (65) or at least sixty (60) months of service if under <br>age sixty-five (65) in the systems administered by the Kentucky Retirement <br>Systems, may obtain credit in the County Employees Retirement System for <br>current service between July 1, 1958, and the effective date of participation of <br>his county by paying to the County Employees Retirement System a delayed <br>contribution payment for the service he would have received had his county <br>participated on July 1, 1958. The delayed contribution payment shall not be <br>picked up, as described in KRS 61.560(4), by the employer. (b) An employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems, who has at least forty-eight (48) months of <br>service if age sixty-five (65) or at least sixty (60) months of service if under <br>age sixty-five (65) in the systems administered by Kentucky Retirement <br>Systems may obtain credit for the period of his service with an area <br>development district created pursuant to KRS 147A.050 or with a business <br>development corporation created pursuant to KRS 155.001 to 155.230 if that <br>service was not covered by a state-administered retirement system. The <br>member shall pay to the retirement system in which he participates a delayed <br>contribution payment, as determined by the board's actuary. The employee <br>may obtain credit for employment with a business development corporation <br>only if the Kentucky Retirement Systems receives a favorable private letter <br>ruling from the United States Internal Revenue Service or a favorable opinion <br>letter from the United States Department of Labor. Payment may be by lump <br>sum or the employee may pay by increments. (6) After August 1, 2000, service credit obtained under the subsections of this section which do not require the employee to have a minimum number of years of service <br>credit to be eligible to make a purchase shall be disallowed and the recontribution of <br>refund, including interest as determined by the board or other payment, if any, shall <br>be paid to the member if the member does not obtain for service performed six (6) <br>months' additional current service credit in one (1) of the state-administered <br>retirement systems. The service requirement shall be waived if the member dies or <br>becomes disabled as provided for by KRS 16.582 or 61.600. (7) The members shall not receive benefit of service for the same period of time in another public defined benefit retirement fund. (8) Any employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems who has at least forty-eight (48) months' service if <br>age sixty-five (65) or at least sixty (60) months' service if under age sixty-five (65) <br>in the retirement systems administered by the Kentucky Retirement Systems, who <br>formerly worked for a state university in a position which would have qualified as a <br>regular full-time position had the university been a participating department, and <br>who did not participate in a defined benefit retirement program at the university <br>may obtain credit in the employee's account in the County Employees Retirement <br>System, the Kentucky Employees Retirement System, or the State Police Retirement System for prior and current service by paying either retirement system <br>a delayed contribution payment for the service he would have received had his <br>period of university employment been covered by the County Employees, Kentucky <br>Employees Retirement System, or State Police Retirement System. The delayed <br>contribution payment shall not be picked up, as described in KRS 61.560(4), by the <br>employer. Payment may be by lump sum, or the employee may pay by increments. (9) (a) Effective August 1, 1980, any county participating in the County Employees Retirement System may purchase current service, between July 1, 1958, and <br>participation date of the county, for present employees of the county who have <br>obtained coverage under KRS 78.540(2); (b) Effective July 1, 1973, any department participating in the Kentucky Employees Retirement System may purchase current service between July 1, <br>1956, and participation date of the department, for present employees of the <br>department who were employees on the participation date of the department <br>and elected coverage under KRS 61.525(2); (c) Cost of the service credit purchased under this subsection shall be determined by computing the discounted value of the additional service credit based on an <br>actuarial formula recommended by the board's consulting actuary and <br>approved by the board. A department shall make payment for the service <br>credit within the same fiscal year in which the option is elected. The county <br>shall establish a payment schedule subject to approval by the board for <br>payment of the service credit. The maximum period allowed in a payment <br>schedule shall be ten (10) years with interest at the rate actuarially assumed by <br>the board; however, a shorter period is desirable and the board may approve <br>any schedule provided it is not longer than a ten (10) year period; (d) If a county or department elects the provisions of this subsection, any present employee who would be eligible to receive service credit under the provisions <br>of this subsection and has purchased service credit under subsection (4) or (5) <br>of this section shall have his payment for the service credit refunded with <br>interest at the rate paid under KRS 61.575 or 78.640; (e) Any payments made by a county or department under this subsection shall be deposited to the retirement allowance account of the proper retirement system <br>and these funds shall not be considered accumulated contributions of the <br>individual members. (10) Interest paid by a member of the Kentucky Employees Retirement System, County Employees Retirement System, or State Police Retirement System under this <br>section or other similar statutes under KRS 16.505 to 16.652, 61.510 to 61.705, or <br>78.510 to 78.852 prior to June 19, 1976, shall be credited to the individual <br>member's contribution account in the appropriate retirement system and considered <br>as accumulated contributions of the member. (11) Employees who served as assistants to officers and employees of the General Assembly who have at least forty-eight (48) months of service if age sixty-five (65) <br>or at least sixty (60) months of service if under age sixty-five (65) in the systems <br>administered by Kentucky Retirement Systems and who were unable to acquire service under KRS 61.510(20) may purchase credit for the service performed after <br>January 1, 1960. Service credit under this section shall be obtained by the payment <br>of a delayed contribution which shall not be picked up by the employer as described <br>in KRS 61.560(4). (12) (a) Effective August 1, 1988, any employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems who has at <br>least forty-eight (48) months of service if age sixty-five (65) or at least sixty <br>(60) months of service if under age sixty-five (65) in the systems administered <br>by Kentucky Retirement Systems may purchase service credit for interim, <br>seasonal, emergency, or temporary employment or part-time employment <br>averaging one hundred (100) or more hours of work per month on a calendar <br>or fiscal year basis. If the average number of hours of work is less than one <br>hundred (100) per month, the member shall be allowed credit only for those <br>months he receives creditable compensation for one hundred hours of work. <br>The cost will be determined as a delayed contribution payment for the period <br>of time involved, which shall not be picked up by the employer as described in <br>KRS 61.560(4). (b) Any noncertified employee of a school board who has at least forty-eight (48) months of service if age sixty-five (65) or at least sixty (60) months of service <br>if under age sixty-five (65) in the systems administered by Kentucky <br>Retirement Systems may purchase service credit for part-time employment <br>prior to the 1990-91 school year which averaged eighty (80) or more hours of <br>work per month on a calendar or fiscal year basis by paying to the County <br>Employees Retirement System a delayed contribution payment. The delayed <br>contribution payment shall not be picked up, as described in KRS 78.610(4), <br>by the employer. Payment may be by lump sum or the employee may pay by <br>increments. If the average number of hours of work is less than eighty (80) per <br>month, the noncertified employee of a school board shall be allowed credit <br>only for those months he receives creditable compensation for eighty (80) <br>hours of work. The cost will be determined as a delayed contribution payment, <br>which shall not be picked up by the employer as described in KRS 78.610(4). (13) A retired member, who is contributing to one (1) of the state-administered retirement programs under the provisions of KRS 61.637(1) to (4) and purchases <br>service credit under this section in the system or systems from which he is retired, <br>shall have his retirement allowance recomputed: <br>(a) Upon termination from employment, if the member is contributing to the same system or systems from which he was retired; or (b) Upon completion of six (6) months' service credit as required under subsection (6) of this section, if the member is contributing to a system other <br>than the system or systems from which he is retired. (14) Any employee participating in one (1) of the systems administered by Kentucky Retirement Systems who has at least forty-eight (48) months of service if age sixty-<br>five (65) or at least sixty (60) months of service if under age sixty-five (65) in the <br>systems administered by Kentucky Retirement Systems may obtain credit for prior or current service for any period of approved educational leave, or for agency-<br>approved leave to work for a work-related labor organization if the agency <br>subsequently participated in the County Employees Retirement System, by paying <br>to the respective retirement system a delayed contribution payment. The employee <br>may also obtain credit for agency-approved leave to work for a work-related labor <br>organization if the agency subsequently participated in the County Employees <br>Retirement System, but only if the Kentucky Retirement Systems receives a <br>favorable private letter ruling from the United States Internal Revenue Service or a <br>favorable opinion letter from the United States Department of Labor. The delayed <br>contribution payment shall not be picked up, as described in KRS 61.560(4), by the <br>employer, and shall be deposited to the individual member's account. (15) Any employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems who has at least forty-eight (48) months of service if <br>age sixty-five (65) or at least sixty (60) months of service if under age sixty-five <br>(65) in the systems administered by Kentucky Retirement Systems may obtain <br>credit for prior or current service for any period of authorized maternity leave, <br>unpaid leave authorized under the Federal Family and Medical Leave Act, or for <br>any period of authorized sick leave without pay, by paying to the respective <br>retirement system a delayed contribution payment. The delayed contribution <br>payment shall not be picked up, as described in KRS 61.560(4), by the employer, <br>and shall be deposited to the individual member's account. (16) Any employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems may purchase service credit under any of the <br>provisions of KRS 16.505 to 16.652, 61.510 to 61.705, or 78.510 to 78.852 by <br>making installment payments in lieu of a lump-sum payment. <br>(a) The cost of the service shall be computed in the same manner as for a lump- sum payment which shall be the principal; and interest, at the actuarial rate in <br>effect at the time the member elects to make the purchase compounded <br>annually, shall be added for the period that the installments are to be made. <br>Multiple service purchases may be combined under a single installment <br>purchase; however, no employee may make more than one (1) installment <br>purchase at the same time. The employee may elect to stop the installment <br>payments by notifying the retirement system; may have the installment <br>purchase recalculated to add one (1) or more additional service purchases; or <br>may pay by lump sum the remaining principal or a portion of the remaining <br>principal. (b) One (1) year of installment payments shall be made for each one thousand dollars (&#36;1,000) or any part thereof of the total cost, except that the total <br>period allowed for installments shall not be less than one (1) year and shall not <br>exceed five (5) years. (c) The employee shall pay the installments by payroll deduction. Upon notification by the retirement system, the employer shall report the installment <br>payments either monthly or semimonthly continuously over each twelve (12) <br>month period at the same time as, but separate from, regular employee contributions on the forms or by the computer format specified by the board. <br>The payments made under this subsection shall be considered accumulated <br>contributions of the member and shall not be picked up by the employer <br>pursuant to KRS 61.560(4) and no employer contributions shall be paid on the <br>installments. (d) The retirement system shall determine how much of the total cost represents payment for one (1) month of the service to be purchased and shall credit one <br>(1) month of service to the member's account each time this amount has been <br>paid. The first service credited shall represent the first calendar month of the <br>service to be purchased and each succeeding month of service credit shall <br>represent the succeeding months of that service. (e) If the employee elects to stop the installment payments, dies, retires, or does not continue employment in a position required to participate in the retirement <br>system, the member, or in the case of death, the beneficiary, shall have sixty <br>(60) days to pay the remaining principal or a portion of the remaining <br>principal of the purchase by lump sum, except that payment by the member <br>shall be made prior to the effective retirement date. If the member or <br>beneficiary does not pay the remaining cost, the retirement system shall refund <br>to the member or the beneficiary the payment, payments, or portion of a <br>payment that does not represent a full month of service purchased. (f) If the employer does not report installment payments on an employee for sixty (60) days, except in the case of employees on military leave or sick leave <br>without pay, the installment purchase shall cease and the retirement system <br>shall refund to the employee the payment, payments, or portion of a payment <br>that does not represent a full month of service purchased. Installment <br>payments of employees on military leave or sick leave without pay shall be <br>suspended during the period of leave and shall resume without recalculation <br>upon the employee's return from leave. (g) If payments have ceased under paragraph (e) or (f) of this subsection and the member later becomes a participating employee in one (1) of the three (3) <br>systems administered by Kentucky Retirement Systems, the employee may <br>complete the adjusted original installment purchase by lump sum or <br>installment payments. If the employee elects to renew the installment <br>purchase, the cost of the remaining service shall be recalculated in accordance <br>with paragraph (a) of this subsection. (17) Any employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems may purchase service credit under any of the <br>provisions of KRS 16.505 to 16.652, 61.510 to 61.705, or 78.510 to 78.852 by <br>transferring funds through a direct trustee-to-trustee transfer as permitted under the <br>applicable sections of the Internal Revenue Code and any regulations or rulings <br>issued thereunder, or through a direct rollover as contemplated by and permitted <br>under 26 U.S.C. sec. 401(a)(31) and any regulations or rulings issued thereunder. <br>Service credit may also be purchased by a rollover of funds pursuant to and <br>permitted under the rules specified in 26 U.S.C. sec. 402(c) and 26 U.S.C. sec. 408(d)(3). The Kentucky Retirement Systems shall accept the transfer or rollover to <br>the extent permitted under the rules specified in the applicable provisions of the <br>Internal Revenue Code and any regulations and rulings issued thereunder. The <br>amount shall be credited to the individual member's contribution account in the <br>appropriate retirement system and shall be considered accumulated contributions of <br>the member. (18) After August 1, 1998, any employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems who is age sixty-five (65) or <br>older and has forty-eight (48) months of service credit or, if younger, who has sixty <br>(60) months of service credit in systems administered by Kentucky Retirement <br>Systems may purchase credit in the system in which the employee has the service <br>credit for up to ten (10) years service in a regular full-time position that was <br>credited to a state or local government-administered public defined benefit plan in <br>another state other than a defined benefit plan for teachers. The employee shall pay <br>a delayed contribution payment. Payment may be by lump sum, or the employee <br>may pay by increments. The employee may transfer funds directly from the other <br>state's plan if eligible to the extent permitted under subsection (17) of this section <br>and to the extent permitted by the other state's laws and shall provide proof that he <br>is not eligible for a retirement benefit for the period of service from the other state's <br>plan. (19) After August 1, 1998, any employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems, who has sixty (60) or more <br>months of service in the State Police Retirement System or in a hazardous position <br>in the Kentucky Employees Retirement System or the County Employees <br>Retirement System, may purchase credit in the system in which the employee has <br>the sixty (60) months of service credit for up to ten (10) years of service in a regular <br>full-time position that was credited to a defined benefit retirement plan administered <br>by a state or local government in another state, if the service could be certified as <br>hazardous pursuant to KRS 61.592. The employee shall pay a delayed contribution <br>payment. Payment may be by lump sum or by increments. The employee may <br>transfer funds directly from the other unit of government's plan if eligible to the <br>extent permitted under subsection (17) of this section and to the extent permitted by <br>the other state's laws, and the employee shall provide proof that he is not eligible for <br>a retirement benefit for the period of service from the other unit of government's <br>plan. (20) Any employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems who has at least forty-eight (48) months of service if <br>age sixty-five (65) or at least sixty (60) months of service if under age sixty-five <br>(65) in the systems administered by Kentucky Retirement Systems and who has <br>completed service as a volunteer in the Kentucky Peace Corps, created by KRS <br>154.01-720, may purchase service credit for the time served in the corps by making <br>delayed contribution payments. (21) An employee participating in any retirement system administered by Kentucky Retirement Systems who has at least forty-eight (48) months of service if age sixty- five (65), or at least sixty (60) months of service if under age sixty-five (65) in the <br>systems administered by Kentucky Retirement Systems, and who was formerly <br>employed in a regional community mental health and mental retardation services <br>program, organized and operated under the provisions of KRS 210.370 to 210.480, <br>which does not participate in a state-administered retirement system may obtain <br>credit for the period of his service in the regional community mental health and <br>mental retardation program, by paying to the state retirement system in which he <br>participates a delayed contribution payment. Payment to one (1) of the retirement <br>systems administered by the Kentucky Retirement Systems may be made by lump <br>sum or in increments. (22) An employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems who has at least forty-eight (48) months of service if <br>age sixty-five (65) or at least sixty (60) months of service if under age sixty-five <br>(65) in the systems administered by the Kentucky Retirement Systems, who was <br>employed by a vocational technical school in a noncertified part-time position <br>averaging eighty (80) or more hours per month, determined by using the number of <br>months actually worked within a calendar or fiscal year, may purchase service credit <br>in the Kentucky Employees Retirement System. The cost of the service shall be a <br>delayed contribution payment, which shall not be picked up by the employer as <br>described in KRS 61.560(4). (23) (a) Any person who is entitled to service credit for employment which was not reported in accordance with KRS 16.543, 61.543, or 78.615 may obtain credit <br>for the service by paying the employee contributions due within six (6) <br>months of notification by the system. No interest shall be added to the <br>contributions. The service credit shall not be credited to the member's account <br>until the employer contributions are received. If a retired member makes the <br>payment within six (6) months, the retired member's retirement allowance <br>shall be adjusted to reflect the added service after the employer contributions <br>are received by the retirement system. (b) Any employee participating in one (1) of the state-administered retirement systems who is entitled to service credit under paragraph (a) of this subsection <br>and who has not repaid the employee contributions due within six (6) months <br>of notification by the system may regain the credit after the six (6) months by <br>paying to the system the employee contributions plus interest at the actuarially <br>assumed rate from the date of initial notification under paragraph (a) of this <br>subsection. Service credit shall not be credited to the member's account until <br>the employer contributions are received by the retirement system. The <br>payments shall not be picked up, as described in KRS 61.560(4), by the <br>employer. (c) Service purchased under this subsection by employees who begin participating on or after September 1, 2008, shall be considered service credited under KRS <br>16.543(1), 61.543(1), or 78.615(1) for purposes of determining eligibility for <br>retirement benefits under KRS 16.505 to 16.652, 61.510 to 61.705, and <br>78.510 to 78.852. (24) Any employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems who has at least forty-eight (48) months of service if <br>age sixty-five (65) or at least sixty (60) months of service if under age sixty-five <br>(65) in the systems administered by the Kentucky Retirement Systems may <br>purchase service credit for employment with a public agency that would have been <br>eligible to participate under KRS 61.520 but which did not participate in the <br>Kentucky Employees Retirement System or a political subdivision that would have <br>been eligible to participate under KRS 78.530 but which did not participate in the <br>County Employees Retirement System if the former public agency or political <br>subdivision has merged with or been taken over by a participating department or <br>county. The cost of the service shall be determined as a delayed contribution <br>payment for the respective retirement system. Payment may be made by lump sum <br>or in increments. The payment shall not be picked up, as described in KRS <br>61.560(4) or 78.610(4), by the employer. (25) Any employee participating in one (1) of the retirement systems administered by the Kentucky Retirement Systems prior to July 15, 2002, who has accrued at least forty-<br>eight (48) months of service if age sixty-five (65) or at least sixty (60) months of <br>service if under age sixty-five (65) in the systems administered by the Kentucky <br>Retirement Systems and who has total service in all state-administered retirement <br>systems of at least one hundred eighty (180) months of service credit may purchase <br>a combined maximum total of five (5) years of retirement service credit which is <br>not otherwise purchasable under any of the provisions of KRS 16.505 to 16.652, <br>61.510 to 61.705, and 78.510 to 78.852. The purchase price for the retirement <br>service credit shall be calculated and paid for as a delayed contribution payment. <br>The payment shall not be picked up, as described in KRS 16.545(4), 61.560(4), or <br>78.610(4), by the employer, and the employee's payment shall be paid into the <br>individual member's contribution account in the appropriate retirement system and <br>shall be considered accumulated contributions of the member. Payment by the <br>member may be by lump sum or by increments. The service purchased under this <br>subsection shall not be used in determining a retirement allowance until the member <br>has accrued at least two hundred forty (240) months of service, excluding service <br>purchased under this subsection. If the member does not accrue at least two hundred <br>forty (240) months of service, excluding service purchased under this subsection, <br>upon retirement, death, or written request following termination, the payment, plus <br>interest as provided in KRS 61.575, shall be refunded. (26) An employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems, who has at least forty-eight (48) months of service if <br>age sixty-five (65), or at least sixty (60) months of service if under age sixty-five <br>(65), in the systems administered by Kentucky Retirement Systems, may obtain <br>credit in the County Employees Retirement System for the period of that employee's <br>service with a community action agency created under KRS 273.405 to 273.453 if <br>that service was not covered by a state-administered retirement system. The member <br>shall pay to the retirement system a delayed contribution payment. Payment may be <br>made by lump sum or in increments. The payment shall not be picked up, as <br>described in KRS 61.560(4) or 78.610(4), by the employer. (27) The board of trustees is authorized to establish a program, subject to a favorable ruling from the Internal Revenue Service, to provide for the purchase of service <br>credit under any of the provisions of KRS 16.505 to 16.552, 61.510 to 61.705, and <br>78.510 to 78.852, pursuant to the employer pick-up provisions in 26 U.S.C. sec. <br>414(h)(2). (28) An employee may obtain credit for regular full-time service with an agency prior to August 1, 1998, for which the employee did not receive credit due to KRS <br>61.637(1), by paying a delayed contribution. The payment shall not be picked up by <br>the employer, except as provided in subsection (27) of this section, and shall be <br>credited to the employee's second retirement account. Service credit obtained under <br>this subsection shall not be used in determining benefits under KRS 61.702. The <br>employee may purchase credit for service prior to August 1, 1998, if: <br>(a) The employee retired from one (1) of the retirement systems administered by the Kentucky Retirement Systems and was reemployed prior to August 1, <br>1998, earning less than the maximum permissible earnings under the Federal <br>Social Security Act; (b) The employee elected to participate in a second retirement account effective August 1, 1998, in accordance with KRS 61.637(7); and (c) The employee has at least forty-eight (48) months of service if age sixty-five (65), or at least sixty (60) months of service if under age sixty-five (65), in a <br>second account in the systems administered by Kentucky Retirement Systems. (29) An employee participating in one (1) of the retirement systems administered by the Kentucky Retirement Systems, who has at least forty-eight (48) months of service if <br>age sixty-five (65) or at least sixty (60) months of service if under age sixty-five <br>(65) in the systems administered by the Kentucky Retirement Systems, may obtain <br>credit for the service in a regular full-time position otherwise creditable under the <br>Kentucky Employees Retirement System, the County Employees Retirement <br>System, or the State Police Retirement System for service in the United States <br>government, other than service in the Armed Forces, for which service is not <br>otherwise given, by paying to the system a delayed contribution payment. Payment <br>may be made by lump sum or in increments. No payment made pursuant to this <br>section shall be picked up by the employer, as described in KRS 61.560(4). (30) An employee participating in a hazardous position in one (1) of the retirement systems administered by the Kentucky Retirement Systems, who has at least forty-<br>eight (48) months of service if age sixty-five (65) or at least sixty (60) months of <br>service if under age sixty-five (65) in the systems administered by the Kentucky <br>Retirement Systems, may obtain credit for service in a regular full-time position in <br>an urban-county government that would qualify for hazardous duty coverage under <br>KRS 61.592 by paying to the system a delayed contribution payment. Payment may <br>be made by lump sum or in increments. No payment made pursuant to this section <br>shall be picked up by the employer, as described in KRS 61.560(4). Effective: June 25, 2009 <br>History: Amended 2009 Ky. Acts ch. 77, sec. 10, effective June 25, 2009. -- Amended 2008 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 12, effective June 27, 2008. -- Amended 2005 Ky. Acts ch. 86, sec. 1, effective June 20, 2005. -- Amended 2004 Ky. Acts <br>ch. 36, sec. 11, effective July 13, 2004. -- Amended 2003 Ky. Acts ch. 169, sec. 9, <br>effective March 31, 2003. -- Amended 2002 Ky. Acts ch. 52, sec. 5, effective July <br>15, 2002; ch. 210, sec. 1, effective July 15, 2002; and ch. 270, sec. 3, effective July <br>15, 2002. -- Amended 2000 Ky. Acts ch. 385, sec. 14, effective July 14, 2000. -- <br>Amended 1998 Ky. Acts ch. 56, sec. 1, effective July 15, 1998; and ch. 105, sec. 9, <br>effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 31, sec. 4, effective July 15, <br>1996; ch. 70, sec. 1, effective July 15, 1996; ch. 167, sec. 10, effective July 15, 1996; <br>and ch. 346, sec. 1, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 406, <br>sec. 2, effective April 11, 1994; and ch. 485, sec. 12, effective July 15, 1994. -- <br>Amended 1992 Ky. Acts ch. 100, sec. 12, effective July 14, 1992; and ch. 240, <br>sec. 21, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 117, sec. 2, effective <br>July 13, 1990; ch. 346, secs. 2 and 3, effective July 13, 1990; and ch. 489, sec. 5, <br>effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 308, sec. 1, effective July 15, <br>1988; ch. 349, sec. 16, effective July 15, 1988; ch. 351, sec. 5, effective July 15, <br>1988; and ch. 404, sec. 1, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 90, <br>sec. 10, effective July 15, 1986; ch. 293, sec. 6, effective July 15, 1986; and ch. 490, <br>secs. 2 and 3, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 329, sec. 1, <br>effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 166, sec. 18, effective July <br>15, 1982; and ch. 423, sec. 7, effective July 15, 1982. -- Amended 1980 Ky. Acts <br>ch. 322, sec. 1, effective July 15, 1980; and ch. 404, sec. 1, effective July 15, 1980. -- <br>Amended 1976 Ky. Acts ch. 321, sec. 16. -- Amended 1974 Ky. Acts ch. 128, <br>sec. 15. -- Amended 1972 Ky. Acts ch. 116, sec. 31. -- Amended 1966 Ky. Acts <br>ch. 35, sec. 4. -- Amended 1964 Ky. Acts ch. 86, sec. 2. -- Created 1962 Ky. Acts <br>ch. 58, sec. 2.

State Codes and Statutes

State Codes and Statutes

Statutes > Kentucky > 061-00 > 552

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61.552 Service credit regained or obtained -- Purchase of current service and service credit -- Interest paid -- Delayed contribution -- Installment payments. (1) Any employee participating in one (1) of the state-administered retirement systems who has been refunded his accumulated contributions under the provisions of KRS <br>16.645(21), 61.625, or 78.545(15), thereby losing service credit, may regain the <br>credit by paying to the system from which he received the refund or refunds the <br>amount or amounts refunded with interest at a rate determined by the board of the <br>respective retirement system. The payment, including interest as determined by the <br>board, shall be deposited to the member's contribution account and considered as <br>accumulated contributions of the individual member. The payments shall not be <br>picked up, as described in KRS 61.560(4), by the employer. (2) Any employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems, who has at least forty-eight (48) months of service if <br>age sixty-five (65) or at least sixty (60) months of service if under age sixty-five <br>(65) in the systems administered by the Kentucky Retirement Systems, and who did <br>not elect membership in the County Employees Retirement System, as provided in <br>KRS 78.540(2), may obtain credit in the County Employees Retirement System for <br>prior service and for current service by paying to the County Employees Retirement <br>System a delayed contribution payment for the service he would have received had <br>he elected membership. The delayed contribution payment shall not be picked up, as <br>described in KRS 61.560(4), by the employer. Payment may be by lump sum or the <br>employee may pay by increments. (3) Any employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems, who has at least forty-eight (48) months of service if <br>age sixty-five (65) or at least sixty (60) months of service if under age sixty-five <br>(65) in the systems administered by the Kentucky Retirement Systems, and who did <br>not elect membership in the Kentucky Employees Retirement System, as provided <br>in KRS 61.525(2), may obtain credit in the Kentucky Employees Retirement System <br>for prior service and for current service by paying to the system a delayed <br>contribution payment for the service he would have received had he elected <br>membership. The delayed contribution payment shall not be picked up, as described <br>in KRS 61.560(4), by the employer. Payment may be by lump sum or the employee <br>may pay by increments. (4) An employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems, who has at least forty-eight (48) months of service if <br>age sixty-five (65) or at least sixty (60) months of service if under age sixty-five <br>(65) in the systems administered by the Kentucky Retirement Systems, may obtain <br>credit in the Kentucky Employees Retirement System for current service between <br>July 1, 1956, and the effective date of participation of his department by paying to <br>the system a delayed contribution payment for the service he would have received <br>had his department participated on July 1, 1956. The delayed contribution payment <br>shall not be picked up, as described in KRS 61.560(4), by the employer. Payment <br>may be by lump sum or the employee may pay by increments. (5) (a) An employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems, who has at least forty-eight (48) months of <br>service if age sixty-five (65) or at least sixty (60) months of service if under <br>age sixty-five (65) in the systems administered by the Kentucky Retirement <br>Systems, may obtain credit in the County Employees Retirement System for <br>current service between July 1, 1958, and the effective date of participation of <br>his county by paying to the County Employees Retirement System a delayed <br>contribution payment for the service he would have received had his county <br>participated on July 1, 1958. The delayed contribution payment shall not be <br>picked up, as described in KRS 61.560(4), by the employer. (b) An employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems, who has at least forty-eight (48) months of <br>service if age sixty-five (65) or at least sixty (60) months of service if under <br>age sixty-five (65) in the systems administered by Kentucky Retirement <br>Systems may obtain credit for the period of his service with an area <br>development district created pursuant to KRS 147A.050 or with a business <br>development corporation created pursuant to KRS 155.001 to 155.230 if that <br>service was not covered by a state-administered retirement system. The <br>member shall pay to the retirement system in which he participates a delayed <br>contribution payment, as determined by the board's actuary. The employee <br>may obtain credit for employment with a business development corporation <br>only if the Kentucky Retirement Systems receives a favorable private letter <br>ruling from the United States Internal Revenue Service or a favorable opinion <br>letter from the United States Department of Labor. Payment may be by lump <br>sum or the employee may pay by increments. (6) After August 1, 2000, service credit obtained under the subsections of this section which do not require the employee to have a minimum number of years of service <br>credit to be eligible to make a purchase shall be disallowed and the recontribution of <br>refund, including interest as determined by the board or other payment, if any, shall <br>be paid to the member if the member does not obtain for service performed six (6) <br>months' additional current service credit in one (1) of the state-administered <br>retirement systems. The service requirement shall be waived if the member dies or <br>becomes disabled as provided for by KRS 16.582 or 61.600. (7) The members shall not receive benefit of service for the same period of time in another public defined benefit retirement fund. (8) Any employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems who has at least forty-eight (48) months' service if <br>age sixty-five (65) or at least sixty (60) months' service if under age sixty-five (65) <br>in the retirement systems administered by the Kentucky Retirement Systems, who <br>formerly worked for a state university in a position which would have qualified as a <br>regular full-time position had the university been a participating department, and <br>who did not participate in a defined benefit retirement program at the university <br>may obtain credit in the employee's account in the County Employees Retirement <br>System, the Kentucky Employees Retirement System, or the State Police Retirement System for prior and current service by paying either retirement system <br>a delayed contribution payment for the service he would have received had his <br>period of university employment been covered by the County Employees, Kentucky <br>Employees Retirement System, or State Police Retirement System. The delayed <br>contribution payment shall not be picked up, as described in KRS 61.560(4), by the <br>employer. Payment may be by lump sum, or the employee may pay by increments. (9) (a) Effective August 1, 1980, any county participating in the County Employees Retirement System may purchase current service, between July 1, 1958, and <br>participation date of the county, for present employees of the county who have <br>obtained coverage under KRS 78.540(2); (b) Effective July 1, 1973, any department participating in the Kentucky Employees Retirement System may purchase current service between July 1, <br>1956, and participation date of the department, for present employees of the <br>department who were employees on the participation date of the department <br>and elected coverage under KRS 61.525(2); (c) Cost of the service credit purchased under this subsection shall be determined by computing the discounted value of the additional service credit based on an <br>actuarial formula recommended by the board's consulting actuary and <br>approved by the board. A department shall make payment for the service <br>credit within the same fiscal year in which the option is elected. The county <br>shall establish a payment schedule subject to approval by the board for <br>payment of the service credit. The maximum period allowed in a payment <br>schedule shall be ten (10) years with interest at the rate actuarially assumed by <br>the board; however, a shorter period is desirable and the board may approve <br>any schedule provided it is not longer than a ten (10) year period; (d) If a county or department elects the provisions of this subsection, any present employee who would be eligible to receive service credit under the provisions <br>of this subsection and has purchased service credit under subsection (4) or (5) <br>of this section shall have his payment for the service credit refunded with <br>interest at the rate paid under KRS 61.575 or 78.640; (e) Any payments made by a county or department under this subsection shall be deposited to the retirement allowance account of the proper retirement system <br>and these funds shall not be considered accumulated contributions of the <br>individual members. (10) Interest paid by a member of the Kentucky Employees Retirement System, County Employees Retirement System, or State Police Retirement System under this <br>section or other similar statutes under KRS 16.505 to 16.652, 61.510 to 61.705, or <br>78.510 to 78.852 prior to June 19, 1976, shall be credited to the individual <br>member's contribution account in the appropriate retirement system and considered <br>as accumulated contributions of the member. (11) Employees who served as assistants to officers and employees of the General Assembly who have at least forty-eight (48) months of service if age sixty-five (65) <br>or at least sixty (60) months of service if under age sixty-five (65) in the systems <br>administered by Kentucky Retirement Systems and who were unable to acquire service under KRS 61.510(20) may purchase credit for the service performed after <br>January 1, 1960. Service credit under this section shall be obtained by the payment <br>of a delayed contribution which shall not be picked up by the employer as described <br>in KRS 61.560(4). (12) (a) Effective August 1, 1988, any employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems who has at <br>least forty-eight (48) months of service if age sixty-five (65) or at least sixty <br>(60) months of service if under age sixty-five (65) in the systems administered <br>by Kentucky Retirement Systems may purchase service credit for interim, <br>seasonal, emergency, or temporary employment or part-time employment <br>averaging one hundred (100) or more hours of work per month on a calendar <br>or fiscal year basis. If the average number of hours of work is less than one <br>hundred (100) per month, the member shall be allowed credit only for those <br>months he receives creditable compensation for one hundred hours of work. <br>The cost will be determined as a delayed contribution payment for the period <br>of time involved, which shall not be picked up by the employer as described in <br>KRS 61.560(4). (b) Any noncertified employee of a school board who has at least forty-eight (48) months of service if age sixty-five (65) or at least sixty (60) months of service <br>if under age sixty-five (65) in the systems administered by Kentucky <br>Retirement Systems may purchase service credit for part-time employment <br>prior to the 1990-91 school year which averaged eighty (80) or more hours of <br>work per month on a calendar or fiscal year basis by paying to the County <br>Employees Retirement System a delayed contribution payment. The delayed <br>contribution payment shall not be picked up, as described in KRS 78.610(4), <br>by the employer. Payment may be by lump sum or the employee may pay by <br>increments. If the average number of hours of work is less than eighty (80) per <br>month, the noncertified employee of a school board shall be allowed credit <br>only for those months he receives creditable compensation for eighty (80) <br>hours of work. The cost will be determined as a delayed contribution payment, <br>which shall not be picked up by the employer as described in KRS 78.610(4). (13) A retired member, who is contributing to one (1) of the state-administered retirement programs under the provisions of KRS 61.637(1) to (4) and purchases <br>service credit under this section in the system or systems from which he is retired, <br>shall have his retirement allowance recomputed: <br>(a) Upon termination from employment, if the member is contributing to the same system or systems from which he was retired; or (b) Upon completion of six (6) months' service credit as required under subsection (6) of this section, if the member is contributing to a system other <br>than the system or systems from which he is retired. (14) Any employee participating in one (1) of the systems administered by Kentucky Retirement Systems who has at least forty-eight (48) months of service if age sixty-<br>five (65) or at least sixty (60) months of service if under age sixty-five (65) in the <br>systems administered by Kentucky Retirement Systems may obtain credit for prior or current service for any period of approved educational leave, or for agency-<br>approved leave to work for a work-related labor organization if the agency <br>subsequently participated in the County Employees Retirement System, by paying <br>to the respective retirement system a delayed contribution payment. The employee <br>may also obtain credit for agency-approved leave to work for a work-related labor <br>organization if the agency subsequently participated in the County Employees <br>Retirement System, but only if the Kentucky Retirement Systems receives a <br>favorable private letter ruling from the United States Internal Revenue Service or a <br>favorable opinion letter from the United States Department of Labor. The delayed <br>contribution payment shall not be picked up, as described in KRS 61.560(4), by the <br>employer, and shall be deposited to the individual member's account. (15) Any employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems who has at least forty-eight (48) months of service if <br>age sixty-five (65) or at least sixty (60) months of service if under age sixty-five <br>(65) in the systems administered by Kentucky Retirement Systems may obtain <br>credit for prior or current service for any period of authorized maternity leave, <br>unpaid leave authorized under the Federal Family and Medical Leave Act, or for <br>any period of authorized sick leave without pay, by paying to the respective <br>retirement system a delayed contribution payment. The delayed contribution <br>payment shall not be picked up, as described in KRS 61.560(4), by the employer, <br>and shall be deposited to the individual member's account. (16) Any employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems may purchase service credit under any of the <br>provisions of KRS 16.505 to 16.652, 61.510 to 61.705, or 78.510 to 78.852 by <br>making installment payments in lieu of a lump-sum payment. <br>(a) The cost of the service shall be computed in the same manner as for a lump- sum payment which shall be the principal; and interest, at the actuarial rate in <br>effect at the time the member elects to make the purchase compounded <br>annually, shall be added for the period that the installments are to be made. <br>Multiple service purchases may be combined under a single installment <br>purchase; however, no employee may make more than one (1) installment <br>purchase at the same time. The employee may elect to stop the installment <br>payments by notifying the retirement system; may have the installment <br>purchase recalculated to add one (1) or more additional service purchases; or <br>may pay by lump sum the remaining principal or a portion of the remaining <br>principal. (b) One (1) year of installment payments shall be made for each one thousand dollars (&#36;1,000) or any part thereof of the total cost, except that the total <br>period allowed for installments shall not be less than one (1) year and shall not <br>exceed five (5) years. (c) The employee shall pay the installments by payroll deduction. Upon notification by the retirement system, the employer shall report the installment <br>payments either monthly or semimonthly continuously over each twelve (12) <br>month period at the same time as, but separate from, regular employee contributions on the forms or by the computer format specified by the board. <br>The payments made under this subsection shall be considered accumulated <br>contributions of the member and shall not be picked up by the employer <br>pursuant to KRS 61.560(4) and no employer contributions shall be paid on the <br>installments. (d) The retirement system shall determine how much of the total cost represents payment for one (1) month of the service to be purchased and shall credit one <br>(1) month of service to the member's account each time this amount has been <br>paid. The first service credited shall represent the first calendar month of the <br>service to be purchased and each succeeding month of service credit shall <br>represent the succeeding months of that service. (e) If the employee elects to stop the installment payments, dies, retires, or does not continue employment in a position required to participate in the retirement <br>system, the member, or in the case of death, the beneficiary, shall have sixty <br>(60) days to pay the remaining principal or a portion of the remaining <br>principal of the purchase by lump sum, except that payment by the member <br>shall be made prior to the effective retirement date. If the member or <br>beneficiary does not pay the remaining cost, the retirement system shall refund <br>to the member or the beneficiary the payment, payments, or portion of a <br>payment that does not represent a full month of service purchased. (f) If the employer does not report installment payments on an employee for sixty (60) days, except in the case of employees on military leave or sick leave <br>without pay, the installment purchase shall cease and the retirement system <br>shall refund to the employee the payment, payments, or portion of a payment <br>that does not represent a full month of service purchased. Installment <br>payments of employees on military leave or sick leave without pay shall be <br>suspended during the period of leave and shall resume without recalculation <br>upon the employee's return from leave. (g) If payments have ceased under paragraph (e) or (f) of this subsection and the member later becomes a participating employee in one (1) of the three (3) <br>systems administered by Kentucky Retirement Systems, the employee may <br>complete the adjusted original installment purchase by lump sum or <br>installment payments. If the employee elects to renew the installment <br>purchase, the cost of the remaining service shall be recalculated in accordance <br>with paragraph (a) of this subsection. (17) Any employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems may purchase service credit under any of the <br>provisions of KRS 16.505 to 16.652, 61.510 to 61.705, or 78.510 to 78.852 by <br>transferring funds through a direct trustee-to-trustee transfer as permitted under the <br>applicable sections of the Internal Revenue Code and any regulations or rulings <br>issued thereunder, or through a direct rollover as contemplated by and permitted <br>under 26 U.S.C. sec. 401(a)(31) and any regulations or rulings issued thereunder. <br>Service credit may also be purchased by a rollover of funds pursuant to and <br>permitted under the rules specified in 26 U.S.C. sec. 402(c) and 26 U.S.C. sec. 408(d)(3). The Kentucky Retirement Systems shall accept the transfer or rollover to <br>the extent permitted under the rules specified in the applicable provisions of the <br>Internal Revenue Code and any regulations and rulings issued thereunder. The <br>amount shall be credited to the individual member's contribution account in the <br>appropriate retirement system and shall be considered accumulated contributions of <br>the member. (18) After August 1, 1998, any employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems who is age sixty-five (65) or <br>older and has forty-eight (48) months of service credit or, if younger, who has sixty <br>(60) months of service credit in systems administered by Kentucky Retirement <br>Systems may purchase credit in the system in which the employee has the service <br>credit for up to ten (10) years service in a regular full-time position that was <br>credited to a state or local government-administered public defined benefit plan in <br>another state other than a defined benefit plan for teachers. The employee shall pay <br>a delayed contribution payment. Payment may be by lump sum, or the employee <br>may pay by increments. The employee may transfer funds directly from the other <br>state's plan if eligible to the extent permitted under subsection (17) of this section <br>and to the extent permitted by the other state's laws and shall provide proof that he <br>is not eligible for a retirement benefit for the period of service from the other state's <br>plan. (19) After August 1, 1998, any employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems, who has sixty (60) or more <br>months of service in the State Police Retirement System or in a hazardous position <br>in the Kentucky Employees Retirement System or the County Employees <br>Retirement System, may purchase credit in the system in which the employee has <br>the sixty (60) months of service credit for up to ten (10) years of service in a regular <br>full-time position that was credited to a defined benefit retirement plan administered <br>by a state or local government in another state, if the service could be certified as <br>hazardous pursuant to KRS 61.592. The employee shall pay a delayed contribution <br>payment. Payment may be by lump sum or by increments. The employee may <br>transfer funds directly from the other unit of government's plan if eligible to the <br>extent permitted under subsection (17) of this section and to the extent permitted by <br>the other state's laws, and the employee shall provide proof that he is not eligible for <br>a retirement benefit for the period of service from the other unit of government's <br>plan. (20) Any employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems who has at least forty-eight (48) months of service if <br>age sixty-five (65) or at least sixty (60) months of service if under age sixty-five <br>(65) in the systems administered by Kentucky Retirement Systems and who has <br>completed service as a volunteer in the Kentucky Peace Corps, created by KRS <br>154.01-720, may purchase service credit for the time served in the corps by making <br>delayed contribution payments. (21) An employee participating in any retirement system administered by Kentucky Retirement Systems who has at least forty-eight (48) months of service if age sixty- five (65), or at least sixty (60) months of service if under age sixty-five (65) in the <br>systems administered by Kentucky Retirement Systems, and who was formerly <br>employed in a regional community mental health and mental retardation services <br>program, organized and operated under the provisions of KRS 210.370 to 210.480, <br>which does not participate in a state-administered retirement system may obtain <br>credit for the period of his service in the regional community mental health and <br>mental retardation program, by paying to the state retirement system in which he <br>participates a delayed contribution payment. Payment to one (1) of the retirement <br>systems administered by the Kentucky Retirement Systems may be made by lump <br>sum or in increments. (22) An employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems who has at least forty-eight (48) months of service if <br>age sixty-five (65) or at least sixty (60) months of service if under age sixty-five <br>(65) in the systems administered by the Kentucky Retirement Systems, who was <br>employed by a vocational technical school in a noncertified part-time position <br>averaging eighty (80) or more hours per month, determined by using the number of <br>months actually worked within a calendar or fiscal year, may purchase service credit <br>in the Kentucky Employees Retirement System. The cost of the service shall be a <br>delayed contribution payment, which shall not be picked up by the employer as <br>described in KRS 61.560(4). (23) (a) Any person who is entitled to service credit for employment which was not reported in accordance with KRS 16.543, 61.543, or 78.615 may obtain credit <br>for the service by paying the employee contributions due within six (6) <br>months of notification by the system. No interest shall be added to the <br>contributions. The service credit shall not be credited to the member's account <br>until the employer contributions are received. If a retired member makes the <br>payment within six (6) months, the retired member's retirement allowance <br>shall be adjusted to reflect the added service after the employer contributions <br>are received by the retirement system. (b) Any employee participating in one (1) of the state-administered retirement systems who is entitled to service credit under paragraph (a) of this subsection <br>and who has not repaid the employee contributions due within six (6) months <br>of notification by the system may regain the credit after the six (6) months by <br>paying to the system the employee contributions plus interest at the actuarially <br>assumed rate from the date of initial notification under paragraph (a) of this <br>subsection. Service credit shall not be credited to the member's account until <br>the employer contributions are received by the retirement system. The <br>payments shall not be picked up, as described in KRS 61.560(4), by the <br>employer. (c) Service purchased under this subsection by employees who begin participating on or after September 1, 2008, shall be considered service credited under KRS <br>16.543(1), 61.543(1), or 78.615(1) for purposes of determining eligibility for <br>retirement benefits under KRS 16.505 to 16.652, 61.510 to 61.705, and <br>78.510 to 78.852. (24) Any employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems who has at least forty-eight (48) months of service if <br>age sixty-five (65) or at least sixty (60) months of service if under age sixty-five <br>(65) in the systems administered by the Kentucky Retirement Systems may <br>purchase service credit for employment with a public agency that would have been <br>eligible to participate under KRS 61.520 but which did not participate in the <br>Kentucky Employees Retirement System or a political subdivision that would have <br>been eligible to participate under KRS 78.530 but which did not participate in the <br>County Employees Retirement System if the former public agency or political <br>subdivision has merged with or been taken over by a participating department or <br>county. The cost of the service shall be determined as a delayed contribution <br>payment for the respective retirement system. Payment may be made by lump sum <br>or in increments. The payment shall not be picked up, as described in KRS <br>61.560(4) or 78.610(4), by the employer. (25) Any employee participating in one (1) of the retirement systems administered by the Kentucky Retirement Systems prior to July 15, 2002, who has accrued at least forty-<br>eight (48) months of service if age sixty-five (65) or at least sixty (60) months of <br>service if under age sixty-five (65) in the systems administered by the Kentucky <br>Retirement Systems and who has total service in all state-administered retirement <br>systems of at least one hundred eighty (180) months of service credit may purchase <br>a combined maximum total of five (5) years of retirement service credit which is <br>not otherwise purchasable under any of the provisions of KRS 16.505 to 16.652, <br>61.510 to 61.705, and 78.510 to 78.852. The purchase price for the retirement <br>service credit shall be calculated and paid for as a delayed contribution payment. <br>The payment shall not be picked up, as described in KRS 16.545(4), 61.560(4), or <br>78.610(4), by the employer, and the employee's payment shall be paid into the <br>individual member's contribution account in the appropriate retirement system and <br>shall be considered accumulated contributions of the member. Payment by the <br>member may be by lump sum or by increments. The service purchased under this <br>subsection shall not be used in determining a retirement allowance until the member <br>has accrued at least two hundred forty (240) months of service, excluding service <br>purchased under this subsection. If the member does not accrue at least two hundred <br>forty (240) months of service, excluding service purchased under this subsection, <br>upon retirement, death, or written request following termination, the payment, plus <br>interest as provided in KRS 61.575, shall be refunded. (26) An employee participating in one (1) of the retirement systems administered by Kentucky Retirement Systems, who has at least forty-eight (48) months of service if <br>age sixty-five (65), or at least sixty (60) months of service if under age sixty-five <br>(65), in the systems administered by Kentucky Retirement Systems, may obtain <br>credit in the County Employees Retirement System for the period of that employee's <br>service with a community action agency created under KRS 273.405 to 273.453 if <br>that service was not covered by a state-administered retirement system. The member <br>shall pay to the retirement system a delayed contribution payment. Payment may be <br>made by lump sum or in increments. The payment shall not be picked up, as <br>described in KRS 61.560(4) or 78.610(4), by the employer. (27) The board of trustees is authorized to establish a program, subject to a favorable ruling from the Internal Revenue Service, to provide for the purchase of service <br>credit under any of the provisions of KRS 16.505 to 16.552, 61.510 to 61.705, and <br>78.510 to 78.852, pursuant to the employer pick-up provisions in 26 U.S.C. sec. <br>414(h)(2). (28) An employee may obtain credit for regular full-time service with an agency prior to August 1, 1998, for which the employee did not receive credit due to KRS <br>61.637(1), by paying a delayed contribution. The payment shall not be picked up by <br>the employer, except as provided in subsection (27) of this section, and shall be <br>credited to the employee's second retirement account. Service credit obtained under <br>this subsection shall not be used in determining benefits under KRS 61.702. The <br>employee may purchase credit for service prior to August 1, 1998, if: <br>(a) The employee retired from one (1) of the retirement systems administered by the Kentucky Retirement Systems and was reemployed prior to August 1, <br>1998, earning less than the maximum permissible earnings under the Federal <br>Social Security Act; (b) The employee elected to participate in a second retirement account effective August 1, 1998, in accordance with KRS 61.637(7); and (c) The employee has at least forty-eight (48) months of service if age sixty-five (65), or at least sixty (60) months of service if under age sixty-five (65), in a <br>second account in the systems administered by Kentucky Retirement Systems. (29) An employee participating in one (1) of the retirement systems administered by the Kentucky Retirement Systems, who has at least forty-eight (48) months of service if <br>age sixty-five (65) or at least sixty (60) months of service if under age sixty-five <br>(65) in the systems administered by the Kentucky Retirement Systems, may obtain <br>credit for the service in a regular full-time position otherwise creditable under the <br>Kentucky Employees Retirement System, the County Employees Retirement <br>System, or the State Police Retirement System for service in the United States <br>government, other than service in the Armed Forces, for which service is not <br>otherwise given, by paying to the system a delayed contribution payment. Payment <br>may be made by lump sum or in increments. No payment made pursuant to this <br>section shall be picked up by the employer, as described in KRS 61.560(4). (30) An employee participating in a hazardous position in one (1) of the retirement systems administered by the Kentucky Retirement Systems, who has at least forty-<br>eight (48) months of service if age sixty-five (65) or at least sixty (60) months of <br>service if under age sixty-five (65) in the systems administered by the Kentucky <br>Retirement Systems, may obtain credit for service in a regular full-time position in <br>an urban-county government that would qualify for hazardous duty coverage under <br>KRS 61.592 by paying to the system a delayed contribution payment. Payment may <br>be made by lump sum or in increments. No payment made pursuant to this section <br>shall be picked up by the employer, as described in KRS 61.560(4). Effective: June 25, 2009 <br>History: Amended 2009 Ky. Acts ch. 77, sec. 10, effective June 25, 2009. -- Amended 2008 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 12, effective June 27, 2008. -- Amended 2005 Ky. Acts ch. 86, sec. 1, effective June 20, 2005. -- Amended 2004 Ky. Acts <br>ch. 36, sec. 11, effective July 13, 2004. -- Amended 2003 Ky. Acts ch. 169, sec. 9, <br>effective March 31, 2003. -- Amended 2002 Ky. Acts ch. 52, sec. 5, effective July <br>15, 2002; ch. 210, sec. 1, effective July 15, 2002; and ch. 270, sec. 3, effective July <br>15, 2002. -- Amended 2000 Ky. Acts ch. 385, sec. 14, effective July 14, 2000. -- <br>Amended 1998 Ky. Acts ch. 56, sec. 1, effective July 15, 1998; and ch. 105, sec. 9, <br>effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 31, sec. 4, effective July 15, <br>1996; ch. 70, sec. 1, effective July 15, 1996; ch. 167, sec. 10, effective July 15, 1996; <br>and ch. 346, sec. 1, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 406, <br>sec. 2, effective April 11, 1994; and ch. 485, sec. 12, effective July 15, 1994. -- <br>Amended 1992 Ky. Acts ch. 100, sec. 12, effective July 14, 1992; and ch. 240, <br>sec. 21, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 117, sec. 2, effective <br>July 13, 1990; ch. 346, secs. 2 and 3, effective July 13, 1990; and ch. 489, sec. 5, <br>effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 308, sec. 1, effective July 15, <br>1988; ch. 349, sec. 16, effective July 15, 1988; ch. 351, sec. 5, effective July 15, <br>1988; and ch. 404, sec. 1, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 90, <br>sec. 10, effective July 15, 1986; ch. 293, sec. 6, effective July 15, 1986; and ch. 490, <br>secs. 2 and 3, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 329, sec. 1, <br>effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 166, sec. 18, effective July <br>15, 1982; and ch. 423, sec. 7, effective July 15, 1982. -- Amended 1980 Ky. Acts <br>ch. 322, sec. 1, effective July 15, 1980; and ch. 404, sec. 1, effective July 15, 1980. -- <br>Amended 1976 Ky. Acts ch. 321, sec. 16. -- Amended 1974 Ky. Acts ch. 128, <br>sec. 15. -- Amended 1972 Ky. Acts ch. 116, sec. 31. -- Amended 1966 Ky. Acts <br>ch. 35, sec. 4. -- Amended 1964 Ky. Acts ch. 86, sec. 2. -- Created 1962 Ky. Acts <br>ch. 58, sec. 2.