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161.614 Court-ordered back salary and reinstatement.

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Page 1 of 2 161.614 Court-ordered back salary and reinstatement. A court order awarding additional back salary to or reinstating a member as a result of <br>employment in a position covered by the Kentucky Teachers' Retirement System shall <br>entitle the member to additional salary or service credit, or both, under the following <br>circumstances: <br>(1) Members shall make contributions to the Kentucky Teachers' Retirement System at the rate set forth in KRS 161.540 and members' employers shall make contributions <br>at the rate set forth in KRS 161.550, with interest accruing on all contributions at <br>the rate of eight percent (8%) per annum from the end of each fiscal year that back <br>salary or the reinstatement was ordered. Contributions, plus interest, shall be made <br>for each year that back salary or reinstatement was ordered. No service or salary <br>credit shall be credited to a member's account unless full contributions are paid to <br>the Kentucky Teachers' Retirement System; (2) The member may have court-ordered back salary credited to his or her account only to the extent that the member actually received payment for the back salary and only <br>to the extent that the court-ordered back salary is within the salary scale that was <br>available to the member in the covered position for the years that the back salary <br>was awarded. Court-ordered back salary can be credited to the member's account <br>only as permitted under KRS 161.220(9) and (10). The member may have court-<br>ordered service credited to his or her account only after the retirement system has <br>received the contributions and interest on the full compensation that would <br>normally be earned in the position that is the subject of the litigation; (3) The member's employer ordered to pay back salary or to reinstate the member by a court of competent jurisdiction shall provide the retirement system with a <br>breakdown of the back salary awarded to the member on a year-by-year basis; (4) The calculations of the contributions and interest required to be paid for court-ordered back salary or reinstatement shall be provided by the retirement system to <br>the member or the member's employer at the member's or employer's request. <br>Requests for these calculations shall be made with at least two (2) weeks of advance <br>notice to the retirement system to provide these calculations. The retirement system <br>will calculate accrued interest as of the last day of the month during which payment <br>of the full contributions are made; (5) For purposes of this section, a settlement agreement that provides back salary or reinstatement, and is adopted by order or judgment of a court of competent <br>jurisdiction or is referenced in an order dismissing the action as settled shall have <br>the same effect as a court order adjudicating the matter. Orders entered by a <br>government board or agency as a result of litigation conducted on an administrative <br>hearing level and legally binding arbitration awards shall be considered as court <br>orders for the purposes of this section; and (6) Under no circumstances shall a member be entitled to service credit as a result of court-ordered reinstatement that is in violation of the provisions of KRS 161.500. Effective: July 1, 2008 Page 2 of 2 History: Amended 2008 Ky. Acts ch. 78, sec. 16, effective July 1, 2008. -- Amended 2004 Ky. Acts ch. 121, sec. 18, effective July 1, 2004. -- Created 2002 Ky. Acts <br>ch. 275, sec. 2, effective July 1, 2002.