61.545 Service credit determination -- Purchase of service credit for fractional year's service -- Choice of system -- Division of service credit.
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service in any calendar month is the equivalent of a month of service credit. It shall
not allow credit for more than one (1) year of service for all service rendered in any
period of twelve (12) consecutive months except as provided in KRS 61.546 and in
subsection (2) of this section. (2) (a) Employees participating in one (1) of the state-administered retirement systems who are or have been employed by a school board participating in the
County Employees Retirement System, a state-operated school under KRS
Chapter 167, a participating community action agency, or a Kentucky
institution of higher education which participates in the Kentucky Employees
Retirement System, and who receive service credit for less than twelve (12)
months each year, may purchase the additional months of service credit
needed to total one (1) year of service credit except the amount purchased
shall not exceed three (3) months. The employee may purchase the service
credit by paying the retirement system a delayed contribution payment.
Employees who have service credit prior to July 1, 1992, or their employers,
the state-operated school under KRS Chapter 167, the Kentucky institution of
higher education, or the school board may purchase service credit on behalf of
the employee for previous years by paying the retirement system the delayed
contribution payment. (b) The cost of service under this subsection may be paid by both the employer and employee. The employer shall pay fifty percent (50%) of the cost and the
employee shall pay fifty percent (50%) of the cost. The payment by the
employer shall not be deposited to the member's account. Service credit shall
not be credited to the member's account until both the employer's and
employee's payment are received by the retirement system. (c) If the employee has purchased service credit under this subsection based on months reported by the employer for the fiscal year, and an audit of the
employee's account reduces the number of months of service credit for which
the employee is eligible to no fewer than nine (9) months, the employee shall
retain credit for the months purchased unless the employee is ineligible for
any service in the fiscal year. The employee shall be eligible to purchase the
additional months under this subsection to total one (1) year. (3) (a) An employee who is simultaneously eligible for membership in more than one (1) retirement system administered by the Kentucky Retirement Systems may,
at his option, choose to participate in only one (1) of those systems. The
choice, once made, shall remain in effect so long as the employee is eligible
for membership in more than one (1) system. (b) If the employee participates in more than one (1) of the retirement systems administered by the Kentucky Retirement Systems, the employee's service
credit shall be divided between each system determined by dividing the employee's creditable compensation in each system by the employee's total
creditable compensation in all systems. (c) If the employee earns creditable compensation in both a hazardous position, as defined by KRS 61.592, and a nonhazardous position, the employee's service
credit shall be divided between the employee's hazardous and nonhazardous
positions determined by dividing the employee's creditable compensation in
the hazardous and nonhazardous positions by the employee's combined
hazardous and nonhazardous creditable compensation. Effective: July 13, 2004
History: Amended 2004 Ky. Acts ch. 36, sec. 10, effective July 13, 2004. -- Amended 2002 Ky. Acts ch. 52, sec. 4, effective July 15, 2002. -- Amended 2000 Ky. Acts
ch. 385, sec. 13, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 105, sec. 8,
effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 167, sec. 9, effective July 15,
1996. -- Amended 1994 Ky. Acts ch. 406, sec. 1, effective July 15, 1994; and
ch. 485, sec. 11, effective July 15, 1994.