City Employment of Retired Police Officer

In 2016, the General Assembly enacted 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 though 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.
 Form 6769

•​   A 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.

Form 6770 

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

 

  • Notarized statement indicating there are no pending administrative charges from the     agency the officer retired from; and 
  • Documentation from the Kentucky Law Enforcement Foundation Program Fund (KLEFPF) certifying participation or certification from State Police that the individual retired as a commissioned officer pursuant to KRS Chapter 16.

 

 Form 6751
•A
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.

 

• A Form 6774* (*not yet available)  City Recertification of Retired Police Officer, must be completed by the City. 

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.

 

FAQ's

Q: When is Kentucky Revised Statute 95.022 effective?

A: 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.  

 

Q: What paperwork must be filed for a retired police officer to qualify under the

     provisions of Kentucky Revised Statute 95.022?

A: 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.    

 

Q: How will a City know if the number of retired police officers they can hire (as

     indicated on the Form 6769​) has been confirmed by Kentucky Retirement

     Systems?

A: 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. 

 

Q: How will a City know if the retired police officer has been approved under the

     provisions of Kentucky Revised Statute 95.022?

A: 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.

 

Q: Who falls under the definition of police officer?

A: The definition of “police officer” can be found in Kentucky Revised Statute 15.420 and

    Kentucky Revised Statute 16.010(4).

  

Q: Are Cities required to report retired police officers who qualify under the provisions

    of Kentucky Revised Statute 95.022 to KRS?

A: 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. 

 

Q: What if a City has already re-employed a retired police officer that may qualify under

     the provisions of Kentucky Revised Statute 95.022?

A: 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.

 

Q: How does the City reappoint a retired officer pursuant to the provisions of Kentucky

     Revised Statute 95.022? 

A: To reappoint a retired officer the City needs to submit a properly completed Form  6774 prior to the termination of the previous term.