Current through Register Vol. 50, No. 9, March 1, 2024
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
61.505(1)(g) authorizes the
Kentucky Public Pension Authority on behalf of the Kentucky Retirement Systems
and the County Employees Retirement System to promulgate administrative
regulations that are consistent with the provisions of
KRS
16.505 to
16.652,
61.510 to
61.705, and
78.510 to
78.852. This administrative
regulation establishes definitions for 105 KAR Chapter 1.
Section 1. Definitions. The following
definitions shall apply to 105 KAR Chapter 1 unless otherwise required by
context or otherwise defined in a specific administrative regulation:
(1) "AAC" means:
(a) Prior to April 1, 2021, the
Administrative Appeals Committee of the Board of Trustees of the Kentucky
Retirement Systems.
(b) Beginning
April 1, 2021, the separate or joint Administrative Appeals Committees of the
Board of Trustees of the Kentucky Retirement Systems and the Board of Trustees
of the County Employees Retirement System in accordance with
KRS
61.645(16) and
78.782(16).
(2) "Accumulated account balance" is defined
by KRS
16.505(40),
61.510(41), and
78.510(38).
(3) "Accumulated contributions" is defined by
KRS
16.505(7),
61.510(12), and
78.510(12).
(4) "Accumulated employer credit" is defined
by KRS
16.505(39),
61.510(40), and
78.510(37).
(5) "Act in line of duty" or "in line of
duty" is defined by KRS 16.505(19)
and 78.510(48).
(6) "Active member" means a member who is
participating in the systems.
(7)
"Actuarial equivalent" is defined by
KRS
16.505(13),
61.510(17), and
78.510(17).
(8) "Agency" means:
(a) Prior to April 1, 2021, the Kentucky
Retirement Systems, which administered the State Police Retirement System, the
Kentucky Employees Retirement System, and the County Employees Retirement
System; and
(b) Beginning April 1,
2021, the Kentucky Public Pensions Authority, which is authorized to carry out
the day-to-day administrative needs of the Kentucky Retirement Systems
(comprised of the State Police Retirement System and the Kentucky Employees
Retirement System) and the County Employees Retirement System.
(9) "Agency reporting official" is
defined by KRS
78.510(20).
(10) "Alternate payee" is defined by
KRS
16.505(38),
61.510(39), and
78.510(36).
(11) "Authorized leave of absence" is defined
by KRS
16.505(14).
(12) "Beneficiary" is defined by
KRS
16.505(25),
61.510(26), and
78.510(25).
(13) "Boards" means the Board of Trustees of
the Kentucky Retirement Systems and the Board of Trustees of the County
Employees Retirement System.
(14)
"Bona fide promotion or career advancement" is defined by
KRS
61.598(1) and
78.545(22).
(15) "Career threshold" is defined by
KRS
61.702(4)(e).9.a. and
78.5536(4)(e)9.a.
(16) "County" is
defined by KRS
78.510(3).
(17) "Creditable compensation" is defined by
KRS
16.505(8),
61.510(13), and
78.510(13).
(18) "Current rate of pay" is defined by
KRS
16.505(24),
61.510(25), and
78.510(24).
(19) "Current service" is defined by
KRS
16.505(4),
61.510(10), and
78.510(10).
(20) "DAC" means:
(a) Prior to April 1, 2021, the Disability
Appeals Committee of the Board of Trustees of the Kentucky Retirement
Systems.
(b) Beginning April 1,
2021, the separate or joint Disability Appeals Committees of the Board of
Trustees of the Kentucky Retirement Systems and the Board of Trustees of the
County Employees Retirement System in accordance with
KRS
61.665(4) and
78.545(11).
(21) "Department" is defined by
KRS
61.510(3).
(22) "Dependent child" is defined by
KRS
16.505(17) and
78.510(49).
(23) "Disability retirement date" is defined
by KRS
16.505(16),
61.590(5)(b),
and 78.510(51).
(24) "Duty-related injury" is defined by
KRS
61.621(2) and
78.545(20).
(25) "Early retirement date" is defined by
KRS
16.505(20),
61.590(5)(c),
and 78.545(4).
(26) "Employee" is defined by
KRS
61.510(5) and
78.510(6).
(27) "Employer" is defined by
KRS
16.505(3),
61.510(6), and
78.510(7).
(28) "Employer's effective cessation date" is
defined by KRS
61.522(1)(c) and
78.535(1)(c).
(29) "End of day" means 11:59 p.m. Eastern
Time, on the date referenced.
(30)
"Examiner" means the medical examiners as provided in
KRS
61.665 and
78.545(11).
(31) "File" means a form or document has been
received at the retirement office by mail, fax, secure email, in-person
delivery, or via Self Service on the Web site maintained by the agency (if
available).
(32) "Final
compensation" is defined by
KRS
16.505(9),
61.510(14), and
78.510(14).
(33) "Final rate of pay" is defined by
KRS
16.505(10),
61.510(15), and
78.510(15).
(34) "Fiscal year" is defined by
KRS
16.505(32),
61.510(19), and
78.510(19).
(35) "Gainful employment" means work in any
capacity that is, or may be, performed with regularity and is, or may be,
usually done for pay, whether or not pay is received, including seasonal,
volunteer, part-time, and on-call work.
(36) "Grandfathered service" is defined by
KRS
61.552(9)(b) and
78.545(7).
(37) "Hazardous disability" is defined by
KRS
16.505(23) and
78.510(47).
(38) "Hazardous position" means a regular
full-time officer as defined by 16.505(22), or a "hazardous position" as
defined by 61.592(1)(a), 78.510(42), and 78.5520(1).
(39) "Hospital and medical insurance plan" is
defined by KRS
61.702(1)(a) and
78.5536(1)(a).
(40) "In line of duty" or "act in line of
duty" is defined by KRS 16.505(19)
and 78.510(48).
(41) "Inactive member" means a member who is
not participating in the system.
(42) "Increment" is defined by
KRS
61.510(29) and
78.510(44).
(43) "Instructional staff" is defined by
KRS
61.510(48).
(44) "Invalid," if used in reference to a
form, means that the form does not meet the requirements to be valid, and shall
not be processed by the agency.
(45) "Last day of paid employment" is defined
by KRS
16.505(30),
61.510(32), and
78.510(45).
(46) "Level percentage of payroll
amortization method" is defined by
KRS
61.510(28) and
78.510(43).
(47) "Medical information" as used in
KRS
61.610,
61.615,
61.665,
78.5526 and
78.5528:
(a) Means reports of examinations or
treatments; medical signs that are anatomical, physiological, or psychological
abnormalities that can be observed; psychiatric signs that are medically
demonstrable phenomena indicating specific abnormalities of behavior, affect,
thought, memory, orientation, or contact with reality; or laboratory findings
that are anatomical, physiological, or psychological phenomena that can be
shown by medically acceptable laboratory diagnostic techniques, including
chemical tests, electrocardiograms, electroencephalograms, X-rays, and
psychological tests; and
(b) Does
not mean written statements from medical providers alone unless accompanied by
supporting contemporaneous records as established in paragraph (a) of this
subsection.
(48) "Member"
is defined by KRS
16.505(21),
61.510(8), and
78.510(8).
(49) "Membership date" is defined by
KRS
16.505(35),
61.510(36), and
78.510(33).
(50) "Month" is defined by
KRS
16.505(34),
61.510(35), and
78.510(32).
(51) "Monthly average pay" is defined by
KRS
16.505(41),
61.510(45), and
78.510(52).
(52) "Monthly contribution rate" is defined
by KRS
61.702(1)(b) and
78.5536(1)(b).
(53) "Nominal fee" is defined by
KRS
61.510(43) and
78.510(40).
(54) "Non-core services independent
contractor" is defined by
KRS
61.5991(9).
(55) "Nonhazardous position" is defined by
KRS
61.510(44) and
78.510(41).
(56) "Normal retirement age" means the age at
which the member meets the requirements for his or her normal retirement
date.
(57) "Normal retirement date"
is defined by KRS
16.505(15),
61.510(18),
61.590(5)(a),
and 78.510(18).
(58) "Objective medical evidence" is defined
by KRS
16.505(31),
61.510(33), and
78.510(46).
(59) "Officers and employees of the General
Assembly" is defined by
KRS
61.510(20).
(60) "Optional allowance" is defined by
KRS
16.505(18).
(61) "Participant" is defined by
KRS
16.505(36),
61.510(37), and
78.510(34).
(62) "Participating" is defined by
KRS
16.505(33),
61.510(34), and
78.510(31).
(63) "Participating employer" means any
employer that participates in one (1) of the systems operated by the
agency.
(64) "Participation date"
means the earlier of "membership date" as defined in this section or the date
on which the member began participating in another state-administered
retirement system if the member has not retired or taken a refund from the
other state-administered retirement system.
(65) "Past service" is defined by
KRS
61.552(5)(a) and
78.545(7).
(66) "Person" means a natural
person.
(67) "Premium" means the
monthly dollar cost required to provide hospital and medical insurance plan
coverage for a recipient, a recipient's spouse, or a disabled or dependent
child.
(68) "Prior service" is
defined by KRS
16.505(5),
61.510(11), and
78.510(11).
(69) "Provide," if used in reference to a
form or other document, means the agency makes, a form or document available on
its Web site (if appropriate) or by mail, fax, secure email, or via Self
Service on the Web site maintained by the agency (if available).
(70) "Qualified domestic relations order" is
defined by KRS
16.505(37),
61.510(38), and
78.510(35).
(71) "Recipient" is defined by
KRS
16.505(26),
61.510(27), and
78.510(26).
(72) "Reemployment" means the retired
member's first date of employment with a participating employer following his
or her most recent retirement date.
(73) "Regular full-time officers" is defined
by KRS
16.505(22).
(74) "Regular full-time position" is defined
by KRS
61.510(21) and
78.510(21).
(75) "Retired member" is defined by
KRS
16.505(11),
61.510(24), and
78.510(23).
(76) "Retirement allowance" is defined by
KRS
16.505(12),
61.510(16), and
78.510(16).
(77) "Retirement office" is defined by
KRS
16.505(28),
61.510(31), and
78.510(29).
(78) "School board" is defined by
KRS
78.510(4).
(79) "School term or year" is defined by
KRS
78.510(28).
(80) "Service" is defined by
KRS
16.505(6),
61.510(9), and
78.510(9).
(81) "State" means the Commonwealth of
Kentucky.
(82) "Systems" means the
State Police Retirement System (KRS 16.505 to
16.652), the Kentucky Employees
Retirement System (KRS 61.510 to
61.705), and the County
Employees Retirement System (KRS 78.510 to
78.852).
(83) "Total and permanent disability" is
defined by KRS
16.582(1)(a) and
78.5524(1)(a)
1.
(84) "Valid," if used in
reference to a form, means that all required sections of a form are filled out,
the form has been fully executed by the required person or the person's legal
representative, and all supporting documentation required by the form is
included with the form.
(85)
"Volunteer" is defined by
KRS
61.510(42) and
78.510(39).