Hazardous duty coverage
Certain agencies have positions that may qualify for Hazardous Duty Coverage. It is not mandatory that employers participate under Hazardous Duty Coverage, but it is an option available to the agency. However, counties must request hazardous duty coverage for these positions.
Definition of hazardous position
According to KRS 61.592(1)(a) “Hazardous Position” for participating KERS employees, as well as CERS employees who began participating before September 1, 2008, means:
Any position whose principal duties involve active law enforcement, including the positions of probation and parole officer and Commonwealth detective, active fire suppression or prevention, or other positions with duties that require frequent exposure to a high degree of danger or peril and also require a high degree of physical conditioning; and positions in the Department of Corrections in state correctional institutions and the Kentucky Correctional Psychiatric Center with duties that regularly and routinely require face-to-face contact with inmates.
According to KRS 61.592(1)(b) “Hazardous Position” for employees who begin participating in CERS on or after September 1, 2008 means:
Police Officers and Firefighters as defined in KRS 61.315(1), paramedics, correctional officers with duties that routinely and regularly require face-to-face contact with inmates, and emergency medical technicians if: the employee’s duties require frequent exposure to a high degree of danger or peril and a high degree of physical conditioning; and the employee’s duties are not primarily clerical or administrative.
In addition to the amended definition of hazardous duty as listed above, KRS 61.592 (2)(b) requires that any CERS employer desiring to provide hazardous duty coverage for employees who begin participating in CERS on or after September 1, 2008, petition the KRS Board of Trustees to reestablish hazardous duty coverage for all positions.
Until the KRS Board of Trustees has approved hazardous duty coverage for a particular position effective after September 1, 2008, each employee who begins participating in CERS on or after September 1, 2008 MUST be reported as nonhazardous.
If an employee began participating in CERS prior to September 1, 2008, the employee should be reported as hazardous if their position was approved by the KRS Board of Trustees as a hazardous duty position prior to September 1, 2008. Please remember this will only apply for those employees who have previously participated in CERS, not KERS or SPRS.
Apply for coverage
Before an agency can offer Hazardous Duty Coverage to its employees, the KRS Board of Trustees must approve the position(s) as hazardous. The procedure for an agency to apply for Hazardous Duty Coverage is as follows:
- Adopt Resolution: The agency must adopt a resolution stating the intention to transfer eligible positions to hazardous coverage and the effective date of hazardous coverage.
- Complete Form HP-1: Form H.P-1 certifies that the position(s) involved meet the definition and that the agency has budgeted the higher cost for Hazardous Duty retirement benefits.
- Complete Job Description(s): The agency must provide a Job Description for each position being requested for Hazardous Duty Coverage.
- Complete Position Questionnaire(s): A Position Questionnaire must be completed on each position being requested for Hazardous Duty Coverage.
- Complete Form HP-2(s): This form certifies the effective date the employee began working in the position and when the employee had a physical examination.
Date of coverage
If your agency is currently participating and is considering adopting hazardous duty coverage for eligible position classifications, the following dates should be utilized for completing and submitting the required paperwork.
If you have questions regarding hazardous duty coverage for your employees, please contact your ERCE reporting team