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21.405 Increase of retirement benefits.

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21.405 Increase of retirement benefits. (1) As of July 1, 1982, the board of trustees of the Kentucky Judicial Form Retirement System shall recompute the monthly benefits of persons then receiving benefits <br>under the Judicial Retirement Plan by using the same service credit rate and the <br>same number of years of service that were used in computing the benefits then <br>being received but substituting, in lieu of the &quot;final compensation&quot; that was used in <br>the computation of the benefit then being received an amount equal to fifty-five <br>percent (55%) of the final compensation of the office in which the credit was earned <br>for a person retiring as of June 30, 1982. (2) As of July 1, 1983, and as of July 1 of each year thereafter, the board of trustees of the Kentucky Judicial Form Retirement System shall recompute the monthly <br>benefits of persons then receiving benefits under the Judicial Retirement Plan by <br>using the following formula: two and three-fourths percent (2.75%) times fifty-five <br>percent (55%) of the final compensation of the office in which the retirement credit <br>was earned for a person retiring as of the recomputation date, times the number of <br>years of service credit (not to exceed thirty-six (36) years). (3) In making the recomputations provided for in subsections (1) and (2) of this section, the same reduction factor, in case of an actuarially reduced benefit or a surviving <br>spouse's benefit, shall be used as was used in determining the benefit then being <br>received. If the benefit as recomputed in accordance with subsection (1) or (2) of <br>this section is higher than the benefit then being received, the recomputed benefit <br>shall thereafter be paid monthly, commencing as of the date specified for the <br>recomputation, subject to future adjustment at ensuing annual recomputations in <br>accordance with subsection (2) of this section. For the purposes of this section, the <br>following office equivalents shall be used: Judge of former Court of Appeals - <br>Justice of Supreme Court; any position other than judge or justice that was covered <br>by the Judicial Retirement System - Judge of the present Court of Appeals. (4) Effective August 1, 1998, to July 1, 2008, a recipient of a monthly pension benefit from the Kentucky Judicial Retirement Plan shall have his or her benefit increased <br>on July 1 of each year by the percentage increase in the annual average of the <br>consumer price index for all urban consumers for the most recent calendar year as <br>published by the Federal Bureau of Labor Statistics, not to exceed five percent <br>(5%). In determining the state's appropriation to the Judicial Retirement Fund, only <br>the costs of increases granted as of the most recent valuation date shall be <br>recognized. The benefits of this subsection as provided on August 1, 1998, to July <br>1, 2008, shall not be considered as benefits protected by the inviolable contract <br>provisions of KRS 21.480. The General Assembly reserves the right to suspend or <br>reduce the benefits conferred in this subsection if in its judgment the welfare of the <br>Commonwealth so demands. (5) Effective July 1, 2009, and on July 1 of each year thereafter, a recipient of a monthly pension benefit from the Kentucky Judicial Retirement Plan shall have his <br>or her benefit increased by one and one-half percent (1.5%), provided the recipient <br>has been receiving a benefit for at least twelve (12) months prior to the effective <br>date of the increase. If the recipient has been receiving a benefit for less than (12) months prior to the effective date of the increase provided by this subsection, the <br>increase shall be reduced on a pro rata basis for each month the recipient has not <br>been receiving benefits in the twelve (12) months preceding the effective date of the <br>increase. In determining the state's appropriation to the Judicial Retirement Fund, <br>only the costs of increases granted as of the most recent valuation date shall be <br>recognized. The benefits of this subsection as provided on July 1, 2009, and <br>thereafter shall not be considered as benefits protected by the inviolable contract <br>provisions of KRS 21.480. The General Assembly reserves the right to suspend or <br>reduce the benefits conferred in this subsection if in its judgment the welfare of the <br>Commonwealth so demands. (6) In addition to the increase to a recipient's retirement allowance as provided by subsection (5) of this section, the General Assembly may, by subsequent legislation, <br>provide supplemental increases to a recipient's retirement allowance to help adjust <br>for actual changes in the recipient's cost of living if the General Assembly <br>appropriates sufficient funds to fully prefund the benefit in the year the increase is <br>provided. Effective: June 27, 2008 <br>History: Amended 2008 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 4, effective June 27, 2008. -- Amended 1998 Ky. Acts ch. 360, sec. 1, effective July 15, 1998. -- Amended <br>1984 Ky. Acts ch. 111, sec. 26, effective July 13, 1984. -- Created 1982 Ky. Acts <br>ch. 380, sec. 1, effective July 15, 1982.