61.661 Member's account confidential -- Response to subpoenas.
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61.661 Member's account confidential -- Response to subpoenas.
(1) Each current, former, or retired member's account shall be administered in a
confidential manner and specific data regarding a current, former, or retired member <br>shall not be released for publication unless authorized by the member; however, the <br>system may release account information to the employer or to other state and federal <br>agencies as it deems necessary or in response to a lawful subpoena or order issued <br>by a court of law. The current, former, or retired member's account shall be exempt <br>from the provisions of KRS 171.410 to 171.990.
(2) When a subpoena is served upon any employee of the Kentucky Retirement
Systems, requiring production of any specific data regarding a current, former, or <br>retired member, it is sufficient if the employee of the Kentucky Retirement Systems <br>charged with the responsibility of being custodian of the original delivers within <br>five (5) working days, by certified mail or by personal delivery, legible and durable <br>copies of records, certified by the employee, or an affidavit stating the information <br>required by the subpoena to the person specified in the subpoena. The production <br>of documents or an affidavit shall be in lieu of any personal testimony of any <br>employee of the Kentucky Retirement Systems unless, after the production of <br>documents or affidavit, a separate subpoena is served upon the systems specifically <br>directing the testimony of an employee of the systems. When a subpoena is served <br>on any employee of the systems requiring the employee to give deposition for any <br>purpose, in the absence of a court order requiring the deposition of a specific <br>employee, the systems may designate an employee to be deposed upon the matter <br>referred to in the subpoena.
(3) The certification shall be signed before a notary public by the employee and shall
include the full name of the member, the member's Social Security number and a <br>legend substantially to the following effect: "The records are true and complete <br>reproductions of the original or microfiched records which are housed in the <br>retirement systems office. This certification is given in lieu of his or her personal <br>appearance."
(4) When an affidavit or copies of records are personally delivered, a receipt shall be
presented to the person receiving the records for his signature and shall be <br>immediately signed and returned to the person delivering the records. When an <br>affidavit or copies of records are sent via certified mail, the receipt used by the <br>postal authorities shall be sufficient to prove delivery and receipt of the affidavit or <br>copies of records.
(5) When the affidavit or copies of records are delivered to a party for use in
deposition, they shall, after termination of the deposition, be delivered personally or <br>by certified mail to the clerk of the court or other body before which the action or <br>proceeding is pending. It shall be the responsibility of the party or attorney to <br>transmit the receipt obtained to the employee of the Kentucky Retirement Systems <br>charged with responsibility of being custodian of the original. Upon issuance of a <br>final order terminating the case and after the normal retention period for court <br>records expires, the affidavit or copies of records shall be permanently disposed of
by the clerk in a manner that protects the confidentiality of the information <br>contained therein.
(6) Records of the Kentucky Retirement Systems that are susceptible to photostatic
reproduction may be proved as to foundation, identity, and authenticity without any <br>preliminary testimony, by use of legible and durable copies, certified in accordance <br>with the provisions of this section.
Effective: July 15, 1996 <br>History: Amended 1996 Ky. Acts ch. 167, sec. 18, effective July 15, 1996. -- Amended
1994 Ky. Acts ch. 485, sec. 22, effective July 15, 1994. </p>
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