16.505 Definitions for KRS 16.505 to 16.652.
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16.505 Definitions for KRS 16.505 to 16.652.
As used in KRS 16.505 to 16.652, unless the context otherwise requires: <br>(1) "System" means the State Police Retirement System created by KRS 16.505 to
16.652;
(2) "Board" means the board of trustees of the Kentucky Retirement Systems; <br>(3) "Employer" or "State Police" means the Department of Kentucky State Police, or its
successor;
(4) "Current service" means the number of years and completed months of employment
as an employee subsequent to July 1, 1958, for which creditable compensation was <br>paid by the employer and employee contributions deducted except as otherwise <br>provided;
(5) "Prior service" means the number of years and completed months of employment as
an employee prior to July 1, 1958, for which creditable compensation was paid to <br>the employee by the Commonwealth. Twelve (12) months of current service in the <br>system are required to validate prior service;
(6) "Service" means the total of current service and prior service; <br>(7) "Accumulated contributions" at any time means the sum of all amounts deducted
from the compensation of a member and credited to his individual account in the <br>member's contribution account, including employee contributions picked up after <br>August 1, 1982, pursuant to KRS 16.545(4), together with interest credited on such <br>amounts as provided in KRS 16.505 to 16.652, and any other amounts the member <br>shall have contributed, including interest credited. For members who begin <br>participating on or after September 1, 2008, "accumulated contributions" shall not <br>include employee contributions that are deposited into accounts established <br>pursuant to 26 U.S.C. sec. 401(h) within the funds established in KRS 16.510, <br>61.515, and 78.520, as prescribed by KRS 61.702(2)(b);
(8) "Creditable compensation" means all salary and wages, including payments for
compensatory time, paid to the employee as a result of services performed for the <br>employer or for time during which the member is on paid leave, which are <br>includable on the member's federal form W-2 wage and tax statement under the <br>heading "wages, tips, other compensation," including employee contributions <br>picked up after August 1, 1982, pursuant to KRS 16.545(4). A lump-sum bonus, <br>severance pay, or employer-provided payment for purchase of service credit shall be <br>included as creditable compensation but shall be averaged over the employee's total <br>service with the system in which it is recorded if it is equal to or greater than one <br>thousand dollars ($1,000). Living allowances, expense reimbursements, lump-sum <br>payments for accrued vacation leave, and other items determined by the board shall <br>be excluded. Creditable compensation shall also include amounts which are not <br>includable in the member's gross income by virtue of the member having taken a <br>voluntary salary reduction provided for under applicable provisions of the Internal <br>Revenue Code. Creditable compensation shall also include elective amounts for <br>qualified transportation fringes paid or made available on or after January 1, 2001, <br>for calendar years on or after January 1, 2001, that are not includable in the gross
income of the employee by reason of 26 U.S.C. sec. 132(f)(4). For employees who <br>begin participating on or after September 1, 2008, creditable compensation shall not <br>include payments for compensatory time;
(9) "Final compensation" means:
(a) For a member who begins participating before September 1, 2008, the
creditable compensation of a member during the three (3) fiscal years he was <br>paid at the highest average monthly rate divided by the number of months of <br>service credit during the three (3) year period, multiplied by twelve (12); the <br>three (3) years may be fractional and need not be consecutive. If the number of <br>months of service credit during the three (3) year period is less than twenty-<br>four (24), one (1) or more additional fiscal years shall be used; or
(b) For a member who begins participating on or after September 1, 2008, the
creditable compensation of the member during the three (3) complete fiscal <br>years he or she was paid at the highest average monthly rate divided by three <br>(3). Each fiscal year used to determine final compensation must contain <br>twelve (12) months of service credit;
(10) "Final rate of pay" means the actual rate upon which earnings of a member were
calculated during the twelve (12) month period immediately preceding the <br>member's effective retirement date, including employee contributions picked up <br>after August 1, 1982, pursuant to KRS 16.545(4). The rate shall be certified to the <br>system by the employer and the following equivalents shall be used to convert the <br>rate to an annual rate: two thousand eighty (2,080) hours for eight (8) hour <br>workdays, one thousand nine hundred fifty (1,950) hours for seven and one-half (7-<br>1/2) hour workdays, two hundred sixty (260) days, fifty-two (52) weeks, twelve (12) <br>months, or one (1) year;
(11) "Retired member" means any former member receiving a retirement allowance or
any former member who has filed the necessary documents for retirement benefits <br>and is no longer contributing to the retirement system;
(12) "Retirement allowance" means the retirement payments to which a retired member
is entitled;
(13) "Actuarial equivalent" means a benefit of equal value when computed upon the
basis of actuarial tables adopted by the board. In cases of disability retirement, the <br>options authorized by KRS 61.635 shall be computed by adding ten (10) years to <br>the age of the member, unless the member has chosen the Social Security <br>adjustment option as provided for in KRS 61.635(8), in which case the member's <br>actual age shall be used. No disability retirement option shall be less than the same <br>option computed under early retirement;
(14) "Authorized leave of absence" means any time during which a person is absent from
employment but retained in the status of an employee in accordance with the <br>personnel policy of the Department of Kentucky State Police;
(15) "Normal retirement date" means:
(a) For a member who begins participating before September 1, 2008, the first
day of the month following a member's fifty-fifth birthday, except that for
members over age fifty-five (55) on July 1, 1958, it shall mean January 1, <br>1959; or
(b) For a member who begins participating on or after September 1, 2008, the
first day of the month following a member's sixtieth birthday;
(16) "Disability retirement date" means the first day of the month following the last day
of paid employment;
(17) "Dependent child" means a child in the womb and a natural or legally adopted child
of the member who has neither attained age eighteen (18) nor married or who is an <br>unmarried full-time student who has not attained age twenty-two (22);
(18) "Optional allowance" means an actuarially equivalent benefit elected by the member
in lieu of all other benefits provided by KRS 16.505 to 16.652;
(19) "Act in line of duty" means an act occurring or a thing done, which, as determined
by the board, was required in the performance of the duties specified in KRS <br>16.060. For employees in hazardous positions under KRS 61.592, an "act in line of <br>duty" shall mean an act occurring which was required in the performance of the <br>principal duties of the position as defined by the job description;
(20) "Early retirement date" means:
(a) For a member who begins participating before September 1, 2008, the
retirement date declared by a member who is not less than fifty (50) years of <br>age and has fifteen (15) years of service; or
(b) For a member who begins participating on or after September 1, 2008, the
retirement date declared by a member who is not less than fifty (50) years of <br>age and has fifteen (15) years of service credited under KRS 16.543(1), <br>61.543(1), or 78.615(1) or another state-administered retirement system;
(21) "Member" means any officer included in the membership of the system as provided
under KRS 16.520 whose membership has not been terminated under KRS 61.535;
(22) "Regular full-time officers" means the occupants of positions as set forth in KRS
16.010;
(23) "Hazardous disability" as used in KRS 16.505 to 16.652 means a disability which
results in an employee's total incapacity to continue as an employee in a hazardous <br>position, but the employee is not necessarily deemed to be totally and permanently <br>disabled to engage in other occupations for remuneration or profit;
(24) "Current rate of pay" means the member's actual hourly, daily, weekly, biweekly,
monthly, or yearly rate of pay converted to an annual rate as defined in final rate of <br>pay. The rate shall be certified by the employer;
(25) "Beneficiary" means the person, persons, estate, trust, or trustee designated by the
member in accordance with KRS 61.542 or 61.705 to receive any available benefits <br>in the event of the member's death. As used in KRS 61.702, "beneficiary" does not <br>mean an estate, trust, or trustee;
(26) "Recipient" means the retired member, the person or persons designated as
beneficiary by the member and drawing a retirement allowance as a result of the <br>member's death, or a dependent child drawing a retirement allowance. An alternate
payee of a qualified domestic relations order shall not be considered a recipient, <br>except for purposes of KRS 61.623;
(27) "Person" means a natural person; <br>(28) "Retirement office" means the Kentucky Retirement Systems office building in
Frankfort;
(29) "Delayed contribution payment" means an amount paid by an employee for
purchase of current service. The amount shall be determined using the same formula <br>in KRS 61.5525, and the payment shall not be picked up by the employer. A <br>delayed contribution payment shall be deposited to the member's contribution <br>account and considered as accumulated contributions of the individual member;
(30) "Last day of paid employment" means the last date employer and employee
contributions are required to be reported in accordance with KRS 16.543, 61.543, or <br>78.615 to the retirement office in order for the employee to receive current service <br>credit for the month. Last day of paid employment does not mean a date the <br>employee receives payment for accrued leave, whether by lump sum or otherwise, if <br>that date occurs twenty-four (24) or more months after previous contributions;
(31) "Objective medical evidence" means reports of examinations or treatments; medical
signs which are anatomical, physiological, or psychological abnormalities that can <br>be observed; psychiatric signs which are medically demonstrable phenomena <br>indicating specific abnormalities of behavior, affect, thought, memory, orientation, <br>or contact with reality; or laboratory findings which are anatomical, physiological, <br>or psychological phenomena that can be shown by medically acceptable laboratory <br>diagnostic techniques, including but not limited to chemical tests, <br>electrocardiograms, electroencephalograms, X-rays, and psychological tests;
(32) "Fiscal year" of the system means the twelve (12) months from July 1 through the
following June 30, which shall also be the plan year. The "fiscal year" shall be the <br>limitation year used to determine contribution and benefit limits established by 26 <br>U.S.C. sec. 415;
(33) "Participating" means an employee is currently earning service credit in the system
as provided in KRS 16.543;
(34) "Month" means a calendar month; <br>(35) "Membership date" means the date upon which the member began participating in
the system as provided by KRS 16.543;
(36) "Participant" means a member, as defined by subsection (21) of this section, or a
retired member, as defined by subsection (11) of this section;
(37) "Qualified domestic relations order" means any judgment, decree, or order,
including approval of a property settlement agreement, that: <br>(a) Is issued by a court or administrative agency; and <br>(b) Relates to the provision of child support, alimony payments, or marital
property rights to an alternate payee; and
(38) "Alternate payee" means a spouse, former spouse, child, or other dependent of a
participant, who is designated to be paid retirement benefits in a qualified domestic <br>relations order.
Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 148, sec. 2, effective July 15, 2010. -- Amended
2009 Ky. Acts ch. 77, sec. 1, effective June 25, 2009. -- Amended 2008 (1st Extra. <br>Sess.) Ky. Acts ch. 1, sec. 6, effective June 27, 2008. -- Amended 2007 Ky. Acts <br>ch. 85, sec. 72, effective June 26, 2007. -- Amended 2004 Ky. Acts ch. 36, sec. 1, <br>effective July 13, 2004. -- Amended 2003 Ky. Acts ch. 169, sec. 1, effective March <br>31, 2003. -- Amended 2002 Ky. Acts ch. 52, sec. 1, effective July 15, 2002. -- <br>Amended 2000 Ky. Acts ch. 210, sec. 1, effective July 14, 2000; and ch. 385, sec. 1, <br>effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 105, sec. 1, effective July 15, <br>1998; and ch. 300, sec. 3, effective July 15, 1998. -- Amended 1996 Ky. Acts <br>ch. 167, sec. 1, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 485, sec. 1, <br>effective July 15, 1994. </p>
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