161.612 Membership of individuals providing part-time and substitute services -- Service credit -- Participation in benefits.
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requires certification or graduation from a four (4) year college or university as a
condition of employment and any individual providing part-time or substitute teaching
services that are the same or similar to those teaching services provided by certified, full-
time teachers shall be a member of the Kentucky Teachers' Retirement System, according
to the conditions and only to the extent set forth in this section, if the individual is
employed by one (1) of the public boards, institutions, or agencies set forth in KRS
161.220, excluding those public boards, institutions, and agencies described in KRS
161.220(4)(b) and (n). Members providing part-time and substitute services shall
participate in the retirement system as follows:
(1) Members providing part-time and substitute services shall accrue service credit as provided under KRS 161.500 and be entitled to a retirement allowance upon
meeting the service retirement conditions of KRS 161.600. The board of trustees
shall adopt a methodology for accrediting service credit to these members on a pro
rata basis. The methodology adopted by the board of trustees may be amended as
necessary to ensure its actuarial soundness. The retirement allowance for members
providing part-time and substitute services shall be calculated pursuant to KRS
161.620, except that the provisions of KRS 161.620(3) shall not apply. Members
providing part-time and substitute services who meet the service retirement
conditions of KRS 161.600 may also be eligible to participate as approved by the
board of trustees in the medical insurance program provided by the retirement
system under KRS 161.675. Members providing part-time and substitute services
shall make contributions to the Kentucky Teachers' Retirement System at the rate
provided under KRS 161.540. A member who provides part-time or substitute
services, or in the event of the death of the member, the member's estate or
applicably designated beneficiary, will be entitled, within ninety (90) days of the
posting of the annual report submitted by the member's employer, to a refund of
contributions as permitted and limited by KRS 161.470; (2) The board of trustees shall adopt eligibility conditions under which members providing part-time and substitute services may participate in the benefits provided
under KRS 161.520, 161.655, 161.661, and 161.663. The board of trustees may
permit members providing part-time or substitute services to participate in other
benefits offered by the retirement system by promulgating administrative
regulations that establish eligibility conditions for participation in these benefits. All
eligibility conditions adopted by the board of trustees pursuant to this subsection
may be amended as necessary to ensure their actuarial soundness; (3) In addition to the pro rata methodology adopted by the board of trustees under subsection (1) of this section, members providing part-time and substitute services
shall be subject to all limitations and conditions regarding the accrual, retention,
accreditation, and use of service credit that apply to members providing full-time
services. In addition to the eligibility conditions set forth by the board of trustees
under subsection (2) of this section, members providing part-time and substitute Page 2 of 2 services shall be subject to all limitations and conditions regarding both the
eligibility to participate and the extent of participation in any benefit offered under
KRS 161.220 to 161.716 that apply to members providing full-time services; (4) Notwithstanding any other provisions of this section to the contrary, instructional assistants who provide teaching services in the local school districts on a full-time
basis in positions covered by the County Employees Retirement System who are
used as substitute teachers on an emergency basis for five (5) days or less during
any one (1) fiscal year shall not be considered members of the Teachers' Retirement
System during that period in which they are serving as substitute teachers for five
(5) days or less; (5) The board of trustees may adopt a pro rata methodology to determine the annual compensation of members providing part-time and substitute services in order to
determine benefits provided under KRS 161.661 and 161.663. Members providing
part-time and substitute services who had retirement contributions posted to their
accounts during the previous fiscal year and who have not had those contributions
refunded to them are eligible to vote for the board of trustees; (6) The board of trustees of the Teachers' Retirement System shall be responsible for final determination of membership eligibility and may direct employers to take
whatever action that may be necessary to correct any error relating to membership;
and (7) The provisions of this section are not subject to KRS 161.714. Effective: July 1, 2008
History: Amended 2008 Ky. Acts ch. 78, sec. 15, effective July 1, 2008. -- Amended 2004 Ky. Acts ch. 121, sec. 17, effective July 1, 2004. -- Created 2002 Ky. Acts
ch. 275, sec. 1, effective July 1, 2002.