Ky. Rev. Stat. § 78.852 : COUNTIES, CITIES, AND OTHER LOCAL UNITS — COUNTY EMPLOYEES' CIVIL SERVICE AND RETIREMENT —COUNTY EMPLOYEES RETIREMENT SYSTEM — Benefits not to be reduced or impaired for members who began participating before January 1, 2014 - Exceptions - Amendment of benefits and rights - Employers' funding responsibility - Authority of board when employer fails to meet funding requirements
(1) For members who begin participating in the County Employees Retirement System prior to January 1, 2014, it is hereby declared that in consideration of the contributions by the members and in further consideration of benefits received by the county from the member's employment,
KRS 78.510 to
78.852 shall, except as provided in
KRS 6.696 effective September 16, 1993, constitute an inviolable contract of the Commonwealth, and the benefits provided therein shall not be subject to reduction or impairment by alteration, amendment, or repeal.
(2)(a) For members who begin participating in the County Employees Retirement System on or after January 1, 2014, the General Assembly reserves the right to amend, suspend, or reduce the benefits and rights provided under
KRS 78.510 to
78.852 if, in its judgment, the welfare of the Commonwealth so demands, except that the amount of benefits the member has accrued at the time of amendment, suspension, or reduction shall not be affected.
(b) For purposes of this subsection, the amount of benefits the member has accrued at the time of amendment, suspension, or reduction shall be limited to the accumulated account balance the member has accrued at the time of amendment, suspension, or reduction.
(c) The provisions of this subsection shall not be construed to limit the General Assembly's authority to change any other benefit or right specified by
KRS 78.510 to
78.852, except the benefits specified by paragraph (b) of this subsection, for members who begin participating in the County Employees Retirement System on or after January 1, 2014.
(3) The provisions of this section shall not be construed to limit the General Assembly's authority to amend, reduce, or suspend the benefits and rights of members of the County Employees Retirement System as provided by
KRS 78.510 to
78.852 that the General Assembly had the authority to amend, reduce, or suspend, prior to July 1, 2013.
(4) The responsibility for funding the provisions of
KRS 78.510 to
78.852 shall be the responsibility of the employers participating in the County Employees Retirement System. For any employer failing to fund the requirements of
KRS 78.510 to
78.852, the board shall have the full authority under the law to:
(a) Require the employer to involuntarily cease participating and pay all costs for ceasing participation as provided by
KRS 78.535; or
(b) Suspend benefit payments and refunds or to seek legal action as provided by
KRS 78.625 for any employer failing to fund the requirements of
KRS 78.510 to
78.852.
KRS 78.852
Amended by 2020 Ky. Acts ch. 79,§ 39, eff. 4/1/2021.
Amended by 2018 Ky. Acts ch. 107,§ 34, eff. 7/14/2018.
Amended by 2013 Ky. Acts ch. 120,§ 80, eff. 7/1/2013.
Effective:7/15/1996
Amended 1996, Ky. Acts ch. 167, sec. 27, effective7/15/1996. -- Amended 1993 (1st Extra. Sess.) Ky. Acts ch. 4, sec. 80, effective 9/16/1993. --Amended 1976 Ky. Acts ch. 321, sec. 40. -- Created 1972 Ky. Acts ch. 116, sec. 75.