Governor’s Executive Orders
On March 31, 2020, Governor Beshear issued
Executive Order 2020-265 suspending
statutes and regulations restricting participating employers from
reemploying retired members in the specific positions identified in the
order. On April 2, 2020, Governor Beshear issued
Executive Order 2020-266, expanding
the scope of positions covered to include all positions under city,
county, and state government that are necessary to address the State of
Emergency.
Please note that Executive Order 2020-265 only applies to
members who were retired as of the March 31, 2020 Order. Executive Order
2020-266 specifically noted that all previous Executive Orders were to
remain in full force and effect. Thus, a member must have an effective
retirement date of March 1, 2020 or before at KRS in order to be subject
to the Executive Orders.
NOTE: All positions other than those needed to respond to the
Covid-19 State of Emergency must continue to adhere to current laws and
regulations as outlined below.
All KRS retired members must adhere to reemployment law. Failure to comply with Kentucky Revised Statute 61.637 upon reemployment with a participating agency will void the member's retirement and require repayment of all benefits.
Prior to Retirement
Kentucky
law prohibits a member from having a prearranged agreement, prior to
his or her effective retirement date to return to employment in any
position with any agency participating in any of the systems
administered by Kentucky Retirement Systems (KRS). KRS administers the
Kentucky Employees Retirement System, County Employees Retirement System
and State Police Retirement System. The member must certify on the Form
6000, "Notification of Retirement" submitted prior to retirement that
no prearranged agreement exists.
Following Retirement
Reemployment as an Employee with a participating agency: In 2019, the General Assembly passed
House Bill 419 amending Kentucky Revised Statutes
61.590 and
61.637 regarding reemployment of a retiree with a participating agency in KRS.
Read More
Reemployment as an Independent Contractor/Leased Employee with a participating agency: In 2019, the General Assembly passed
House Bill 419 amending Kentucky Revised Statutes
61.590 and
61.637 regarding reemployment of a retiree as an independent contractor/leased employee with a participating agency in KRS.
Read More
Reemployment as a Volunteer with a participating agency: In 2019, the General Assembly passed
House Bill 419 amending Kentucky Revised Statutes
61.590 and
61.637 regarding service as a volunteer with a participating agency after retirement.
Read More
Reemployment as an Elected Official with a participating agency: In 2019, the General Assembly passed
House Bill 55 amending Kentucky Revised Statute
61.637
to provide that it shall constitute a prearranged agreement if an
elected official participating in KRS retires from office and is
reelected to the same office and begins a new term within 12 months of
retiring, and his or her retirement shall be voided.
Other Information:
Required Break in Service: State law mandates that
the required break in service is calculated using months from the time
of retirement to the time of reemployment. For example, a member
retiring from a nonhazardous position reemploying with a participating
agency in KRS shall observe a three (3) calendar month break in service.
Days are not considered when determining if the required break in
service has been met.
Member's Age: The obligation to notify KRS of
employment or volunteer work for a participating agency within twelve
(12) months of the member's effective retirement applies
regardless of the age of the retired member. There is no exemption based on age.
Health Insurance: If a retired member with an initial participation date
prior to September 1, 2008, has elected receipt of health
insurance coverage through KRS but later reemploys with a participating
agency in a regular full-time position, the agency is required to
reimburse KRS for the single coverage health insurance contribution
provided to the retiree. If a retired member with an initial
participation date
on or after September 1, 2008, reemploys with a
participating agency in a regular, full-time position, the retired
member will not be eligible for health insurance coverage from KRS
during the period of reemployment.
Reemployment Exceptions
Kentucky
law provides specific requirements for participating agencies
reemploying retirees. If the retiree does not qualify for one of the
exceptions outlined below and meets the definition of regular full-time
pursuant to
Kentucky Revised Statute 61.510(21),
they must be reported each month to KRS as Retired/Reemployed and the
agency is responsible for paying employer contributions and any required
insurance reimbursements.
Postsecondary Institution Employment of Retired Police Officer
In 2019, the General Assembly passed
House Bill 381 establishing new exceptions for participating postsecondary institutions that reemploy retired police officers.
Kentucky Revised Statutes 164.950 to 164.980
outlines reemployment exceptions for participating postsecondary
institutions hiring retired police officers. Effective June 27, 2019, a
participating postsecondary institution may be exempt from paying
employer contributions and insurance reimbursements normally due on
retired members, provided the retired officer meets the specified
criteria and the postsecondary institution has completed and submitted
the required forms with KRS.
Read more
School Resource Officer
In 2018, the General Assembly passed
House Bill 366 establishing a new exception for reemploying certain retirees as school resource officers (SROs), which is defined in
Kentucky Revised Statute 158.441.
A participating agency hiring a SRO may be exempt from paying employer
contributions and insurance reimbursements normally due on retired
members, provided the retired member meets the specified criteria. The
law was amending by
Senate Bill 1 in the 2019 General Assembly to redefine SRO and to allow Boards of Education to hire a SRO directly.
Read more
County Employment of Retired Police Officer
In 2018, the General Assembly passed
House Bill 366 establishing an exception for participating county police departments that reemploy retired police officers.
Kentucky Revised Statute 70.291 to 70.293 outline
these reemployment exceptions. A participating county police department
may be exempt from paying employer contributions and insurance
reimbursements normally due on retired members, provided the retired
officer meets the specified criteria.
Read more
City Employment of Retired Police Officer
Kentucky Revised Statute 95.022
outlines an exception for participating cities hiring retired police
officers. A participating city may be exempt from paying employer
contributions and insurance reimbursements normally due on retired
members, provided the retired officer meets the specified criteria.
Read more
Sheriff Employment of Retired Police Officers
Kentucky Revised Statute 70.291 to 70.293
outlines reemployment exceptions for participating Sheriffs' offices
hiring retired police officers. A participating Sheriff's office may be
exempt from paying employer contributions and insurance reimbursement
normally due on KERS and CERS retired members, provided the retired
officer meets the specified criteria. The law was amended in 2015 to
incorporate qualified SPRS retirees.
Read moreSubmitting Forms