02RS HB637

HB637

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HB 637/FN/AA (BR 2032) - F. Rasche, J. Hoover, De. Butler, P. Clark, B. Colter, J. Draud, K. Hall, R. Nelson, C. Siler, D. Sims, J. Stewart

     AN ACT relating to the Kentucky Teachers' Retirement System and declaring an emergency.
     Create a new section of KRS Chapter 161 to include persons who provide part-time and substitute services in positions traditionally covered by the Kentucky Teachers Retirement System (KTRS) as members so these persons will make contributions to the system and be eligible for benefits; create a new section of KRS Chapter 161 to provide guidelines for the accreditation of court-ordered back salary or service credit to the retirement system; amend KRS 161.220 to clarify the definitions; amend KRS 161.250 to allow the board chair to designate an appeals committee to review reports and recommended orders from administrative hearing officers and issue a final order on behalf of the full board; amend KRS 161.340 to permit KTRS to hire specialized legal counsel with experience not normally available from state government legal staff; amend KRS 161.400 to require KTRS to have actuarial valuations annually rather than every two years; amend KRS 161.420 to require that members may not borrow their contributions to the retirement system and remove language that is inconsistent with the Internal Revenue Code; amend KRS 161.430 to require the KTRS staff and investment managers to adhere to a standardized code of ethics; amend KRS 161.470 to prohibit members withdrawing any part of their contributions to the retirement system prior to separation from service; amend KRS 161.480 to provide that divorce will not terminate the designation of a non-spouse beneficiary; amend KRS 161.507 to require that members who buy time in the system for military service shall purchase at full cost; amend KRS 161.515 to require members who purchase out-of-state service to pay the employer contribution at the rates set in KRS 161.550; amend KRS 161.553 to update the KTRS funding schedule; amend KRS 161.555 to require employers of federal employees to pay the employer match on the federal employees; amend KRS 161.603 to require that retired members who waive their retirement annuity to return to work to obtain their medical insurance coverage through their active employer; amend KRS 161.605 to permit retired members to return to work full-time or part-time and start a second account while still receiving their retirement allowance; permit members retired with 30 or more years of service, or who retired on or before June 30, 2002, would be permitted to return to work at 75% of their last annual compensation and members retired after June 30, 2002, with less than 30 years of service could return to work at 65% of their last annual compensation; amend KRS 161.620 to require that on or after July 1, 2002, new members of the retirement system who retire with less than 10 years of service shall be entitled to a retirement factor of 2% for each year of service, members with 10 or more years will be entitled to a retirement factor of 2.5% for each year of service, and the board may approve a retirement factor of 3% for each year of service in excess of 30 years for members who retire on or after July 1, 2004; provide a cost-of-living increase of 1.4% effective July 1, 2002 and increase of 1.5% effective July 1, 2003, provide minimum retirement allowance benefit of $400 per year of service for FY 2002-2003 and $440 per year of service for FY 2003-2004; amend KRS 161.661 to require that members apply for disability retirement within 3 months of their last contributing service; amend KRS 161.675 to permit members providing part-time and substitute services to avoid COBRA concerns by permitting KTRS to continue their medical insurance coverage and then bill the active employer; KRS 18A.225 to clarify that a retired KTRS member aged 65 or older who returns to work in a position covered by any state-administered retirement system and still receives a retirement allowance will remain eligible for participation in the state group health plan; amend KRS 161.310, 161.440, 161.522, 161.540, 161.545, 161.550, 161.560, 161.611, 161.615, 161.623, 161.655, 161.663, and 161.700 to conform; EMERGENCY.

HB 637 - AMENDMENTS


     HCS/FN/AA - Require the employer to certify to the Kentucky Teachers' Retirement System rather than the Department of Education that no other qualified applicants are available before hiring a retired teacher to fill a critical shortage area; permit the board of trustees to increase the 4% cap on retired teachers in critical shortage areas under certain circumstances; and restore the provision that allows a member up to a year within the last contributing service to apply for disability benefits.

     HFA (1, J. Jenkins) - Delete new language and restore existing language relating to income limits for covered employment by members receiving disability retirement; delete new language that allows the Kentucky Teachers' Retirement System to reduce or terminate any benefit that a member is entitled to receive in order to collect an outstanding debt.

     HFA (2, K. Stein) - Delete changes to KRS 161.663 relating to injury required for disability; make technical changes to conform.

     SCA (1, L. Casebier) - Delay final date to June 30, 2007 when new provisions take effect for 100-day retired teacher teaching program.

     SFA (2, M. Long) - Delete salary caps on retired teachers working under the 100-day provision; delete the requirement that the district pay health insurance for part-time teachers rather than the retirement system; delete the requirement that part-time teachers pay retirement into a second account.

     SFA (3, E. Harris) - Delete salary caps on retired teachers working under the 100-day provision; delete the requirement that the district pay health insurance for part-time teachers rather than the retirement system; delete the requirement that part-time teachers pay retirement into a second account.

     SFA (4, L. Casebier) - Make technical correction to conform with budget provisions; reduce the 3.25% retirement contribution for federal employees to 2.45% for the next two fiscal years

     SFA (5, L. Casebier) - Increase the limit on the amount a teacher receiving disability benefits can make in addition to their disability retirement from $30,000 to $40,000 a year.

     SFA (6, L. Casebier) - Delete proposed limitations on providing disability to teachers with less than 5 years experience.

     SFA (7, D. Boswell) - Attach provisions of SB 210/GA.

     SFA (8/Title, D. Boswell) - Make title amendment.

     Feb 11-introduced in House
     Feb 12-to Education (H)
     Feb 15-posted in committee
     Feb 27-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 28-2nd reading, to Rules; recommitted to Appropriations and Revenue (H)
     Mar 1-posted in committee
     Mar 6-reported favorably, to Rules; floor amendment (1) filed to Committee Substitute
     Mar 8-posted for passage in the Regular Orders of the Day for Monday, March 11, 2002; floor amendment (2) filed to Committee Substitute
     Mar 11-3rd reading; floor amendments (1) and (2) rejected ; passed 97-0 with Committee Substitute
     Mar 12-received in Senate
     Mar 15-to Education (S)
     Mar 21-reported favorably, 1st reading, to Calendar with committee amendment (1)
     Mar 22-2nd reading, to Rules
     Mar 25-floor amendments (2) and (3) filed
     Mar 27-posted for passage in the Regular Orders of the Day for Wednesday, March 27, 2002
     Mar 28-passed over and retained in the Orders of the Day; floor amendments (4) (5) and (6) filed
     Mar 29-floor amendments (7) and (8-title) filed ; 3rd reading; floor amendment (2) rejected ; floor amendment (3) withdrawn ; passed 37-0 with committee amendment (1), floor amendments (4) (5) and (6) ; received in House; posted for passage for concurrence in Senate committee amendment (1), floor amendments (4) (5) and (6)
     Apr 1-House concurred in Senate committee amendment (1), floor amendments (4) (5) and (6) ; passed 94-0
     Apr 2-received in House; enrolled, signed by each presiding officer; delivered to Governor
     Apr 9-signed by Governor (Acts ch. 275)


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