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 KPPA 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 KPPA 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 Public Pensions Authority (KPPA). KPPA 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 KPPA.
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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 KPPA.
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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.
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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 KPPA 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 KPPA 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 KPPA 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 KPPA but later reemploys with a participating agency in a regular full-time position, the agency is required to reimburse KPPA 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 KPPA 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 KPPA 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 KPPA.
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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 amended by
Senate Bill 1 in the 2019 General Assembly to redefine SRO and to allow Boards of Education to hire a SRO directly.
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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.
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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.
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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.
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Submitting Forms