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.
During the State of Emergency, the Executive Orders suspend the requirement for a retired member to have a waiting period to return to employment in any position for which a need occurs during the State of Emergency related to Covid-19. The submission of retired-reemployed forms by the employer for these positions is also suspended. Those employer forms must be submitted to KRS within 30 days of the expiration of the State of Emergency, along with a list of employees who returned to employment under the terms of the Executive Orders.
If you are a retiree and return to employment under the Executive Orders, you should submit your Form 6754
prior to returning to employment if you are able. If you are unable to submit this Form when you begin reemployment, the Form 6754 must be submitted to KRS within 30 days of the expiration of the State of Emergency. Please be aware that if you do send in your Form 6754, you may not get an immediate response from KRS due to the delay in receiving the participating employers’ required forms under the Executive Orders.
Please note that the Executive Orders do not waive the federal “bona fide separation from service” requirements that the member must observe. The member must terminate employment without a prearranged agreement to reemploy with the same employer or another participating employer in the future.
NOTE: If you are reemploying in a position that is not in response to the Covid-19 State of Emergency, you and your potential employer must continue to adhere to current laws and regulations as outlined below.
Most members pursue personal interests after
retirement — the reward for their service to the public. Some members use
retirement to begin a second career, and others return to work for financial
reasons. KRS retirees should be aware of the requirements, and potential
consequences, of accepting
employment with any agency
participating in any of the systems administered by KRS.
The following is an overview of the requirements of Kentucky Revised Statute 61.637, the
employment after retirement statute. Please refer to our Reemployment after Retirement Handbook for complete information.
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 participating agency. The member must certify on the Form 6000, "Notification of Retirement" that no prearranged agreement exists prior to retirement.
Twelve Month Rule
Within twelve (12) months of retirement: If a retired member seeks employment or begins serving as a volunteer with a participating agency within twelve (12) months of his or her effective retirement date, both the member and participating agency must notify KRS by submitting the necessary forms.
After twelve (12) months of retirement: Neither a retired member nor a participating agency are required to notify, seek a final determination, or submit forms to KRS related to any employment, independent contractor, leased employee or volunteering, accepted twelve (12) months after the member's effective retirement date.
Participating agencies should refer to the employer section of our website to determine monthly reporting obligations for retired members reemployed 12 months after retirement. Read More
Reemployment with a Participating Agency
Required Forms: If within twelve (12) months of a member's effective retirement date, he or she seeks employment with a participating agency, the member is required to report this arrangement to KRS by submitting a Form 6754, "Member Reemployment Certification." The participating agency must also certify there is no prearranged agreement by submitting a Form 6751, "Employer Certification Regarding Reemployment."
Break in Service: In almost all reemployment situations, the retired member is also required to observe a three (3) calendar month break in service from his or her effective retirement date before returning to work for a participating agency. The only exception is when a member retires from a hazardous position and returns to employment with a participating agency in a regular, full-time hazardous position. In this specific situation, the member must only observe a one (1) calendar month break before returning to employment in that regular, full-time hazardous position.
If the required forms are not submitted, or if the member fails to observe the proper break in service, the member's retirement benefits will be voided and the member will be required to repay all retirement allowances, dependent child payments, and health plan premiums paid by KRS.
No Second Retirement Account
Retired members whose initial reemployment with a participating agency occurs on or after September 1, 2008, will not submit contributions, earn service credit nor be eligible for a second retirement account.
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.
Medicare Secondary Payer
Please be advised that under the Medicare Secondary Payer (MSP) Act, in certain circumstances, a Medicare eligible retiree's re-employment with a participating agency will PROHIBIT KRS from offering or continuing to offer retiree coverage under the Humana Medicare Advantage Plan. Please call KRS if you have questions. You should also contact Medicare if you have questions. Read More