161.560 Deduction and forwarding of teachers' contributions -- Picked-up employee contributions -- Correction of omitted member contributions.
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individual became a member, the percentage of his compensation due under the
rates prescribed in KRS 161.540. No later than fifteen (15) days following the end
of each payroll period, the agency shall forward all amounts deducted to the
Teachers' Retirement System. The retirement system shall charge the employing
agency interest at an annual rate not to exceed twelve percent (12%) for deductions
not remitted within the specified fifteen (15) days. Payroll reports, contributions
lists, and other data required by administrative regulation of the board of trustees
shall be submitted. Employers shall submit an annual report, in compliance with
requirements of the retirement system, of member contributions and periods
employed to the retirement system no later than August 1 following the completion
of each fiscal year. The retirement system may impose a penalty on the employer
not to exceed one thousand dollars ($1,000) when the employer does not meet the
August 1 reporting date. The deductions shall be made notwithstanding the fact that
the salary as a result may be less than the minimum compensation provided by law.
Every member shall be deemed to consent and agree to the deductions, and the
deductions shall be considered as having been paid to the member. After August 1,
1982, member contributions shall be picked up by the agency pursuant to KRS
161.540(2). (2) If an employer fails to deduct the correct retirement contribution from a member's compensation, the member may make the contribution that should have been
deducted by the employer and receive retirement credit for the payment. For
correction of omitted member contributions that occur more than one (1) year after
the year in which the error was made, the employer shall be responsible for paying
interest to the retirement system at a rate of eight percent (8%) from the end of the
year in which the service was performed to the date of payment. Effective: July 1, 2002
History: Amended 2002 Ky. Acts ch. 275, sec. 23, effective July 1, 2002. -- Amended 1996 Ky. Acts ch. 359, sec. 11, effective July 1, 1996. -- Repealed and reenacted
1990 Ky. Acts ch. 476, Pt. V, sec. 518, effective July 13, 1990. -- Amended 1988
Ky. Acts ch. 363, sec. 13, effective July 1, 1988. -- Amended 1984 Ky. Acts ch. 253,
sec. 18, effective July 1, 1984; and ch. 302, sec. 6, effective July 13, 1984. --
Amended 1982 Ky. Acts ch. 166, sec. 13, effective July 15, 1982; and ch. 414,
sec. 2, effective July 15, 1982. -- Amended 1964 Ky. Acts ch. 43, sec. 12. --
Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat.
sec. 4506b-38.