2014 Regular Session Kentucky General Assembly
Sheriff Employment of Retired Police Officers
In 2014, the General Assembly passed House Bill 364 creating Kentucky Revised Statute 70.291-293 (effective July 15, 2014), which impacts Sheriff’s offices that are seeking to hire retired police officers. In 2015, the General Assembly amended Kentucky Revised Statute 70.291-293 (effective June 24, 2015) to incorporate qualified retirees from SPRS into the provisions of the section. These statutory provisions allow participating Sheriff's offices to employ retired police officers, but be exempt from paying employer contributions or insurance reimbursement normally due on retired employees pursuant to Kentucky Revised Statute 61.637 (17)(b)(3) and (4), provided the retired officer meets the following criteria:
- The officer participated in the Kentucky Law Enforcement Foundation Program Fund (KLEFPF) Program under Kentucky Revised Statute 15.410-15.515 or retired as a commissioned officer pursuant to KRS Chapter 16;
- The officer retired from KERS, CERS, or SPRS with at least 20 years of service credit;
- The officer retired with no administrative charges pending;
- The officer has met the separation of employment requirements found in Kentucky Revised Statute 61.637 (details on our Reemployment page);
- The last position held before retiring was as a police officer defined in Kentucky Revised Statute 15.420 or a commissioned officer pursuant to KRS Chapter 16; and
- The retired officer is accepting a position in a Sheriff’s office (sometimes reported by a Fiscal Court) for a term not to exceed one (1) year
The retired officer may continue to receive retirement benefits and insurance benefits, unless otherwise prohibited by law, through Kentucky Retirement Systems, but will not pay into a second retirement account.
There are two forms that are required before the retired officer can be hired and qualify for the exceptions described above.
- Notarized statement indicating there are no pending administrative charges from the agency the officer retired from; and
- Documentation from the Law Enforcement Foundation certifying KLEFPF participation or certification from State Police that the individual retired as a commissioned officer pursuant to KRS Chapter 16.
- A Form 6751 with a response indicating that he retired officer is authorized by Kentucky Retirement Systems to return to work at the Sheriff’s office.
When KRS receives Form 6760
, we will review all paperwork and the requesting Sheriff’s office will receive notification as to whether the employee meets the legal qualifications. Once approved, the Sheriff’s office may hire the retired officer and omit that employee from their regular monthly report. If the employee does not meet these requirements, the Sheriff’s office may still hire the retiree, but the employee must be reported each month as Retired/Reemployed and the employing Sheriff’s office would be responsible for retirement and any required health insurance reimbursement contributions.
There is one form required before the retired officer currently employed by the Sheriff’s office can be recertified by that Sheriff’s office to qualify for the exceptions described above.
- A Form 6764, Recertification of Retired Police Officer, must be completed by the Sheriff’s office.
When KRS receives the Form 6764 we will review all paperwork and the requesting Sheriff’s office will receive notification as to whether the employee meets the legal qualifications to continue to be exempt from employer contributions, insurance reimbursement, and to omit that employee from their regular monthly report.
Sheriff Employment of Retired Police FAQ's
June 24, 2015. Consequently, Sheriff’s offices will be eligible to employ retired officers commissioned pursuant to KRS Chapter 16 and be eligible for the reporting and reimbursement exclusion beginning in July 1, 2015.
There are two forms that are required before the retired officer can be hired and qualify for the Kentucky Revised Statute 70.291-293 exceptions.
- A properly completed Form 6760 (Sheriff Appointment of Retired Police Officer - Amended July 2015) must be filed. Attached to the Form 6760, KRS requires:
- A notarized statement from the member’s last participating employer certifying that prior to retirement the member had no administrative charges pending at the time of retirement.
- For retired police officers of KERS and CERS, a certification of participation from the Kentucky Department of Criminal Justice Training, stating the member participated in the Kentucky Law Enforcement Foundation program
- For retired officers of SPRS, certification from State Police that the individual retired as a commissioned officer pursuant to KRS Chapter 16.
- A properly completed Form 6751 (Member and Employer Certification Regarding Reemployment) with a response that the retired officer is authorized by Kentucky Retirement Systems to return to work with the Sheriff’s Office.
If the Sheriff’s office follows the proper procedures, KRS will provide correspondence indicating approval, denial, or the need for additional information prior to making a determination. To avoid the requirements to submit employer contributions and health insurance reimbursement, KRS strongly suggests that the Sheriff’s office not hire the retired police officer until it has received confirmation of approval.
The definition of “police officer” can be found in Kentucky Revised Statute 15.420 and Kentucky Revised Statute 16.010(4).
No. A sheriff is the elected constitutional officer; therefore, a sheriff cannot be considered as hired or employed under contract by the Sheriff’s office. Additionally, a sheriff is elected to a four-year term pursuant to the Kentucky Constitution and cannot be considered employed under an annual contract.
Assuming KRS has determined that the retired police officer in question qualifies under the provisions of Kentucky Revised Statute 70.291-293, the Sheriff’s office is not required to report that employee on a monthly basis. However, KRS may request reports on Sheriff’s office employees working pursuant to Kentucky Revised Statute 70.291-293 to ensure proper reporting. Moreover, the required paperwork must be completed, submitted to KRS, approved and a response issued before a retired police officer can be hired under the exceptions provided by Kentucky Revised Statute 70.291-293. If the retired police officer is hired prior to the required paperwork being filed, the Sheriff’s office will be required to report and pay the required contributions for that retiree until the paperwork has been approved and you have received correspondence from KRS. If the retiree does not meet the requirements, you will continue to report them to KRS, pay contributions, and health reimbursements, if KRS is providing health insurance.
Once the proper documentation has been received and KRS has issued a favorable response to the Sheriff’s office, you may terminate the retiree, report the termination to KRS, and re-hire him or her for a term not to exceed one year. If the retiree has already submitted and received approval to return to work for the Sheriff’s office, the retiree will not need to complete a new 6751, but will be required to submit Form 6760. Please note that the Sheriff’s office must report, remit contributions, and health insurance reimbursement for the retiree until it receives confirmation from KRS that the retired police officer qualifies for the provisions of Kentucky Revised Statute 70.291-293.
To reappoint a retired officer pursuant to Kentucky Revised Statute 70.291-293, the Sheriff’s office needs to submit a properly completed Form 6764 prior to the termination of the previous term.