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Senate Bill 206

2016 Regular Session Kentucky General Assembly
City Employment of Retired Police Officer

In 2016, the General Assembly passed Senate Bill 206 creating Kentucky Revised Statute 95.022 (effective July 15, 2016), which impacts cities seeking to hire retired police officers.​

Similar to KRS 70.291-293 that allowed Sheriffs many of the same provisions, KRS 95.022 allows participating Cities to employ retired police of​ficers, but be exempt from paying employer contributions or insurance reimbursement normally due on retired employees pursu​​​ant 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) 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 satisfied the separation of employment requirements found in Kentucky Revised Statute 61.637 (details on our Reemployment page); and
  • The retired officer is accepting a position with a City for a term not to exceed one (1) year. 

The retired officer may continue to receive retirement benefits and insurance benefits from Kentucky Retirement Systems, unless otherwise prohibited by law, but will not pay into a second retirement account.

There are three forms that are required before the retired officer can be hired and qualify for the exceptions described above.

1. Form 6769

Form 6769, Certification of Employed Police Officers Calendar Year 2015 must be completed by the City and submitted with the included Detailed Listing of Police Officers Employed for Calendar Year 2015.

Pursuant to KRS 95.022, prior to hiring a retired police officer, City employers must disclose to Kentucky Retirement Systems the number of police officers it employed on average in calendar year 2015.  This average determines the number of retired police officers that may be hired prospectively. If the average number of police officers employed by the City in calendar year 2015 is:


  • Less than or equal to five (5), the City employer may hire an unlimited number of retired police officers; or
  • Greater than five (5) but less than or equal to one hundred (100), the City employer may hire up to five (5) retired police officers or 25% of the average number of police officers employed by the City in calendar year 2015, whichever is greater; or
  • Greater than one hundred (100), the City may hire up to twenty-five (25) retired police officers or 10% of the average number of police officers employed by the City in calendar year 2015, whichever is greater.
 
Upon receipt, KRS will review the Form 6769 and the requesting City will receive notification confirming the number of police officers that can be hired under the provisions of KRS 95.022.

2. Form 6770 

Form 6770 must be completed by the City and submitted with:


3. Form 6751

  • Form 6751 with a response indicating that the retired officer is authorized by Kentucky Retirement Systems to return to work at the City.

Upon receipt of the Form 6770, KRS will review all paperwork and the requesting City will receive notification as to whether the employee satisfies the legal requirements.  Once approved, the City may hire the retired officer.  If the employee does not meet these requirements, the City may still hire the retiree, but the employee must be reported each month as Retired/Reemployed and the employing City 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 City can be recertified by that City to qualify for the exceptions described above.

Form 6774

Upon receipt of the Form 6774, KRS will review all paperwork and the requesting City will receive notification as to whether the employee meets the legal qualifications to continue to be exempt from employer contributions and insurance reimbursement.

City Employment of Retired Police Officer FAQ's

July 15, 2016. Consequently, Cities will be eligible to employ retired officers commissioned pursuant to KRS 95.022 and be eligible for the reporting and reimbursement exclusion beginning August 2016.

There are three forms that are required before the retired officer can be hired and qualify for the Kentucky Revised Statute 95.022 exceptions.
 
  • A properly completed Form 6769 (Certification of Employed Police Officers Calendar Year 2015) must be completed by the City and submitted with the included Detailed Listing of Police Officers Employed for Calendar Year 2015.
  • A properly completed Form 6770 (City Appointment of Retired Police Officer) must be filed. Attached to the Form 6770, 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 Fund (KLEFPF).
    • 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 City. 

If the City 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 urges that the City not hire the retired police officer until it has received confirmation of the number of retired police officers they can hire.

If the City 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 City 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).
Due to the statutory requirements limiting the number of retired police officers that can be hired, reporting approved retired police officers will be required.  Updates to the Employer Contribution Record Layout will be provided to employers, and time allotted for employers to make the necessary updates to accommodate the changes for reporting.  Until this occurs, employers should report approved retired police officers in the appropriate Non-Participating contribution group. 
Once the proper documentation has been received and KRS has issued a favorable response, the City may terminate the retiree, report the termination to KRS, and re-hire
that person for a term not to exceed one year.  If the retiree has already submitted and received approval to return to work for the City, the retiree will not need to complete a new Form 6751​, but will be required to submit Form 6770.  Please note that the City must report, remit contributions, and health insurance reimbursement for the retiree until it receives confirmation from KRS that the retired police office qualifies for the provisions of Kentucky Revised Statute 95.022.


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