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67A.406 Confidentiality of member's account records -- Exceptions -- Response to subpoena of records.

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Page 1 of 1 67A.406 Confidentiality of member's account records -- Exceptions -- Response to subpoena of records. (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 <br>member shall not be released for publication unless authorized by the member. <br>However, the board may release account information to the urban-county <br>government or to any other governmental agency as it deems necessary or in <br>response to a lawful subpoena or order issued by a court of law. (2) A subpoena served upon the board that requires the production of any specific data regarding a current, former, or retired member is sufficient if the secretary of the <br>board delivers within five (5) working days, by certified mail or by personal <br>delivery, legible and durable copies of records, certified by the secretary, or an <br>affidavit stating the information required by the subpoena. The production of <br>documents or an affidavit shall be in lieu of any personal testimony of the secretary <br>unless, after the production of documents or affidavit, a separate subpoena is served <br>upon the board specifically directing the testimony of the secretary. (3) The certification shall be signed before a notary public by the secretary and shall include the name of the member, the member's Social Security number, and a <br>legend substantially to the following effect: &quot;The records are true and complete <br>reproductions of the original records which are housed in the board's office. This <br>certification is given by the undersigned in lieu of his or her personal appearance.&quot; (4) When an affidavit or copies of records are personally delivered, a receipt shall be presented to the person receiving the records for his or her 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 a 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 secretary of the board. Upon issuance of a final <br>order terminating the case and after the normal retention period for court records <br>expires, the affidavit or copies of records shall be permanently disposed of by the <br>clerk in a manner that protects the confidentiality of the information contained <br>therein. (6) Records of the board that are susceptible to photostatic reproduction may be proved as to foundation, identity, and authenticity without any preliminary testimony by use <br>of legible and durable copies, certified in accordance with this section. Effective: April 4, 2006 <br>History: Created 2006 Ky. Acts ch. 144, sec. 12, effective April 6, 2006.