Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO:
KRS
61.592,
78.530,
78.545(30)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
61.645(9)(e) requires the
Board of Trustees of the Kentucky Retirement Systems to promulgate
administrative regulations necessary or proper in order to carry out the
provisions of
KRS
16.505 to
16.652,
61.510
to
61.705,
and
78.510
to
78.852.
KRS
61.592(2) requires the board
to promulgate administrative regulations prescribing the manner in which an
employer shall request hazardous duty coverage for employees. This
administrative regulation establishes the procedures and forms for requesting
hazardous position coverage.
Section
1. Definitions.
(1) "County" is
defined by
KRS
78.510(3).
(2) "Department" is defined by
KRS
61.510(3).
Section 2. If a county eligible to
participate in the County Employees Retirement System chooses to provide
hazardous duty coverage to all eligible employees, the county shall adopt an
appropriate order to pay the required contributions and provide hazardous
coverage to all eligible employees. Notwithstanding the three (3) month trial
period set out in
105 KAR
1:120, Section 2, the county's request for
participation in County Employees Retirement System shall be submitted to the
Board of Trustees at the first quarterly meeting which occurs at least one (1)
month after the adoption of the appropriate order. The effective date of
hazardous position coverage in the order shall be the date of the county's
participation in County Employees Retirement System.
Section 3.
(1) A department participating in the
Kentucky Employees Retirement System may provide hazardous position coverage
upon authorization by the governing authority. The governing authority shall
make the request for hazardous position coverage in writing to the Board of
Trustees of Kentucky Retirement Systems. If the position is approved, the
effective date of hazardous position coverage shall be the first day of any
month following the quarterly meeting of the board of trustees which occurs
after the date of the request.
(2)
A county participating in County Employees Retirement System may provide
hazardous position coverage upon adoption of a resolution by its governing
authority to transfer eligible positions from nonhazardous to hazardous
position coverage. The governing authority shall make a written request for
hazardous position coverage to the Board of Trustees of Kentucky Retirement
Systems. If the position is approved for hazardous coverage, the effective date
of hazardous position coverage shall be the first day of any month following
the quarterly meeting of the Board of Trustees of Kentucky Retirement Systems
in which the hazardous position coverage is approved unless a different date is
approved by the Board of Trustees of Kentucky Retirement Systems.
(a)
1.
Employees who began participating in County Employees Retirement System prior
to September 1, 2008 and were working in hazardous covered positions in County
Employees Retirement System prior to September 1, 2008, shall continue to
participate as hazardous covered employees as long as they remain in a position
that has been approved for hazardous coverage.
2. Employees who began participating in
County Employees Retirement System prior to September 1, 2008 and are
subsequently employed in hazardous covered positions, shall participate as
hazardous covered employees as long as they remain in a position that has been
approved for hazardous coverage.
(b) Employees who begin participating in
County Employees Retirement System on or after September 1, 2008 in a position
that was approved for hazardous coverage prior to September 1, 2008, shall not
be reported as hazardous covered employees until the county requests that the
Board of Trustees of Kentucky Retirement Systems approve hazardous coverage for
those positions that meet the criteria as set out in
KRS
61.592(1)(b), and hazardous
coverage is approved by the Board of Trustees of Kentucky Retirement Systems
for those positions, even if the position has previously been approved for
hazardous coverage.
Section 4.
(1) The department shall complete and submit
the Form 7013, HP-1, Hazardous Participation Certification (KERS). The form
shall be signed by the head of the department and by an individual who can
attest that sufficient funds have been budgeted for the employer contributions.
For departments of the Commonwealth of Kentucky, the department shall also
submit a letter from the Governor's Office of Policy and Management verifying
sufficient funds have been budgeted for employer contributions.
(2) The county shall complete and submit the
"Form 7011, HP-1, Hazardous Participation Certification (CERS)". The form shall
be signed by the agency head and by an individual who can attest that
sufficient funds have been budgeted for the employer contributions.
Section 5. The county or
department shall submit a description of the duties of each position for which
hazardous coverage is requested.
(1) The
agency shall complete Sections 1 and 3 of Form 7025, Position Questionnaire,
for employees of a department and for employees of a county whose participation
date was prior to September 1, 2008.
(2) The agency shall complete Sections 2 and
3 of Form 7025, Position Questionnaire, for employees of a county whose
participation date was on or after September 1, 2008.
Section 6. The county or department shall
complete and submit a Form 2011 HP-2, Hazardous Position Certification provided
by the retirement system for each employee in a position for which the coverage
has been requested. If there is any change in the employee's work assignment or
classification, the county or department shall submit a new Form 2011, HP-2,
Hazardous Position Certification, indicating the change in the
position.
Section 7. If the county
elects, pursuant to
KRS
78.530(3)(a), (d) or (f), to
pay the cost of providing hazardous coverage for current employees for past
service in positions approved for hazardous coverage, the county shall request
and pay for an actuarial study to determine the cost.
Section 8. Local government employers may be
obligated by statutes outside KRS Chapter 61 to certify certain positions as
hazardous.
Section 9. Incorporation
by Reference.
(1) The following material is
incorporated by reference:
(a) "Form 2011,
HP-2, Hazardous Position Certification," April 2009;
(b) "Form 7011, HP-1, Hazardous Participation
Certification (CERS)", April 2009;
(c) "Form 7013, HP-1, Hazardous Participation
Certification (KERS)", April 2009; and
(d) "Form 7025, Position Questionnaire",
April 2009.
(2) This
material may be inspected, copied, or obtained, subject to applicable copyright
law, at the Kentucky Retirement Systems, Perimeter Park West, 1260 Louisville
Road, Frankfort, Kentucky, Monday through Friday, 8 a.m. and 4:30
p.m.
18 Ky.R. 921;
1321; eff. 11-8-1991; 20 Ky.R. 827; eff. 12-6-1993; 35 Ky.R. 2472, 36 Ky.R. 19;
eff. 7-29-2009; TAm eff. 6-28-2019; Crt eff. 6-28-
2019.
STATUTORY AUTHORITY:
KRS
61.645(9)(e)