House Bill 297

Actions | Amendments
Last Action 04/14/22: delivered to Secretary of State (Acts Ch. 216)
Title AN ACT relating to the retirement and declaring an emergency.
Bill Documents Acts Chapter 216
Current/Final
Introduced
Fiscal Impact Statements Actuarial Analysis
Additional Fiscal Impact Statements Exist
Bill Request Number 863
Sponsor J. Miller
Summary of Original Version Amend KRS 16.582 to clarify that standards for "total and permanent disability" relate to hazardous disability only and make technical changes; amend KRS 61.505 to expand the administrative actions that the Kentucky Public Pensions Authority (KPPA) may take on behalf of the Kentucky Retirement Systems (KRS) and the County Employees Retirement System (CERS), authorize the KPPA to employ no more than 8 unclassified employees to the Office of Investments whose positions are exempt from the personnel system's classified service and related salary limitations, and make technical changes; amend KRS 61.510 to define "instructional staff" for state colleges and universities and define "objective medical evidence" to exclude the testimonial evidence of a person applying for disability benefits; amend KRS 61.520 to reference definition of "instructional staff"; amend KRS 61.565 to add an effective date of July 1, 2022, for shifting to the executive branch the employer's share of the Kentucky Employees Retirement System nonhazardous plan's unfunded liability for contract employees at mental health facilities; amend KRS 61.590, 61.610, 61.615, and 61.665 to allow KPPA the option to send notices and other forms to members on disability retirement using electronic mail or other electronic means; amend KRS 61.610 to allow KPPA to hire or contract for the services of more than one disability fraud investigator; amend KRS 61.615 to allow members in hybrid cash balance plan who are discontinued from disability to apply for reinstatement; amend KRS 61.635 to make technical change; amend KRS 61.637 to specify the circumstances under which an elected official who is reelected but takes office after retirement is deemed as having a prearranged agreement that would void his or her retirement; amend KRS 61.645 to exempt invalid addresses from ballot distribution for trustee elections, specify single certified public accountant to audit KRS and CERS financial reports, and make technical changes; amend KRS 61.661 to make technical changes; amend KRS 61.665 to permit the KPPA to contract for the services of medical examiners, eliminate the requirement that a person applying for disability retirement produce evidence of a request for reasonable accommodation, delete language permitting KRS to order a disabled employee to enroll in vocational rehabilitation, and conform to legislative changes made in 2021; amend KRS 61.702 and 78.5536 to require KRS and CERS to provide health insurance coverage through the Kentucky Employees Health Plan (KEHP) to reemployed retirees over the age of 65 who are Medicare-eligible but impacted by the federal Medicare Secondary Payer Act; amend KRS 61.703 to make technical change; amend KRS 78.510 to define "objective medical evidence" to exclude the testimonial evidence of a person applying for disability benefits and make the definitions of "act in line of duty" and "dependent child" conform with other provisions as the result of legislative changes made in 2021; amend KRS 78.5524 to clarify that standards for "total and permanent disability" relate to hazardous disability only and to conform to other provisions as the result of legislative changes made in 2021; amend KRS 78.5526 and 78.5530 to conform with other provisions as the result of legislative changes made in 2021; amend KRS 78.5540 to specify the circumstances under which an elected official who is reelected but takes office after retirement is deemed as having a prearranged agreement that would void his or her retirement; and amend KRS 78.782 to exempt invalid addresses from ballot distribution for trustee elections, specify single certified public accountant to audit KRS and CERS financial reports, and make technical changes; and make technical changes and conforming amendments as a result of legislative changes made in 2021.
Index Headings of Original Version Public Officers and Employees - Retirement, Kentucky Public Pensions Authority, housekeeping bill
Retirement and Pensions - Kentucky Public Pensions Authority, housekeeping bill
State Agencies - Kentucky Public Pensions Authority, housekeeping bill
Counties - County Employees Retirement System, KPPA, housekeeping bill
Actuarial Analysis - Retirement, Kentucky Public Pensions Authority, housekeeping bill
Jump to Proposed Amendments House Committee Substitute 1 with Fiscal Impact Statements
House Committee Amendment 1
House Floor Amendment 1
House Floor Amendment 2
House Floor Amendment 3
House Floor Amendment 4
House Floor Amendment 5
Senate Committee Substitute 1 with Fiscal Impact Statements
Senate Floor Amendment 1
Senate Floor Amendment 2
Senate Floor Amendment 3
Senate Floor Amendment 4
Votes Vote History
Governor's Veto Message Veto

Actions

Top | Amendments
01/13/22
  • introduced in House
  • to Committee on Committees (H)
01/26/22
  • to State Government (H)
02/10/22
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1) and Committee Amendment (1-title)
02/11/22
  • 2nd reading, to Rules
  • floor amendment (1) filed to Committee Substitute
02/14/22
  • floor amendment (2) filed to Committee Substitute
02/15/22
  • floor amendments (3) and (4) filed to Committee Substitute
  • posted for passage in the Regular Orders of the Day for Wednesday, February 16, 2022
02/16/22
  • floor amendment (5) filed to Committee Substitute
02/17/22
  • 3rd reading, passed 97-0 with Committee Substitute (1), floor amendments (3), (4), (5), and committee amendment (1-title)
02/18/22
  • received in Senate
  • to Committee on Committees (S)
02/22/22
  • to State & Local Government (S)
03/16/22
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
  • floor amendment (1) filed to Committee Substitute
03/17/22
  • 2nd reading, to Rules
  • floor amendment (2) filed to Committee Substitute
03/21/22
  • floor amendment (3-title) filed
  • posted for passage in the Regular Orders of the Day for Thursday, March 24, 2022
03/22/22
  • floor amendment (4) filed to Committee Substitute
03/24/22
  • passed over and retained in the Orders of the Day
03/25/22
  • passed over and retained in the Orders of the Day
03/29/22
  • 3rd reading, passed 35-0 with Committee Substitute (1) and Floor Amendments (1), (2), (3-title) and (4)
  • received in House
  • to Rules (H)
  • taken from Rules
  • posted for passage for concurrence in Senate Committee Substitute (1), floor amendments (1), (2), (4) and (3-title)
  • House concurred in Senate Committee Substitute (1) and Floor Amendments (1), (2) and (4)
  • passed 91-1 with Floor Amendment (3-title)
03/30/22
  • enrolled, signed by Speaker of the House
  • enrolled, signed by President of the Senate
  • delivered to Governor
04/11/22
  • Vetoed
04/13/22
  • received in House
  • to Rules (H)
  • taken from Rules
  • posted for passage for consideration of Governor's veto
  • veto overridden
  • passed 74-23
  • received in Senate
  • to Rules (S)
  • posted for passage for consideration of Governor's veto
  • veto overridden
  • passed 30-7
04/14/22
  • received in House
  • enrolled, signed by Speaker of the House
  • enrolled, signed by President of the Senate
  • delivered to Secretary of State (Acts Ch. 216)

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Fiscal Impact Statement Actuarial Analysis to House Committee Substitute 1
Summary Retain original provisions, and amend KRS 61.505 to require the Kentucky Public Pensions Authority (KPPA) to conduct an annual performance evaluation of the executive director, pre-approve future unclassified positions, and approve an annual personnel report before submission to the Public Pension Oversight Board; authorize the KPPA to appoint no more than six unclassified employees of the Office of Investments whose positions shall be exempt from the personnel system's classified service and related salary limitations, but subject to a written salary and classification plan fixing a range of compensation and written terms of employment adopted by the KPPA; and require the KPPA to approve the biennial budget unit request before submission by the Authority; amend KRS 61.510, 61.520, 61.702, and 78.510 to make technical changes; EMERGENCY.
Index Headings Effective Dates, Emergency - Kentucky Public Pensions Authority, housekeeping bill
State Agencies - Kentucky Public Pensions Authority, biennial budget unit request submission, preapproval
State Agencies - Kentucky Public Pensions Authority, unclassified employees
Budget and Financial Administration - Kentucky Public Pensions Authority, biennial budget unit request submission, preapproval

Amendment House Committee Amendment 1
Sponsor J. Miller
Summary Make title amendment.
Index Headings Title Amendments - HB 297

Amendment House Floor Amendment 1
Sponsor J. Miller
Summary Amend KRS 61.510 and 78.510 to refine the definition of "objective medical evidence" to exclude the testimonial statements of the person applying for disability retirement.
Index Headings Retirement and Pensions - Kentucky Public Pensions Authority, Disability retirement, definition of objective medical evidence
State Agencies - Kentucky Public Pensions Authority, Disability retirement, definition of objective medical evidence
State Employees - Kentucky Public Pension Authority, Disability retirement, definition of objective medical evidence

Amendment House Floor Amendment 2
Sponsor J. Tipton
Summary Retain original provisions; amend KRS 61.510 and 78.510 to amend the definition of a "regular full-time position" to add that exempted emergency positions shall also include a position utilized by the employer during a federal or state emergency declared by the President or Governor to address needs during and as a result of the emergency; make amended definition RETROACTIVE to March 1, 2020 and provide that contact tracers employed by health departments in emergency positions due to the COVID-19 pandemic shall be exempt through December 31, 2022.
Index Headings Retirement and Pensions - Kentucky Public Pensions Authority, emergency position exemptions in definition of regular full-time
Retroactive Legislation - Kentucky Public Pensions Authority, emergency position exemptions in definition of regular full-time
State Agencies - Kentucky Public Pensions Authority, emergency position exemptions in definition of regular full-time

Amendment House Floor Amendment 3
Sponsor R. Webber
Summary Retain original provisions; amend KRS 61.505 to provide that payment of the initial setup costs and annual costs attributable to establishing a separate CERS board and the KPPA shall sunset on June 30, 2024, and beginning on and after July 1, 2024, any annual administrative and investment costs shall be allocated to each retirement system as determined by the KPPA without attribution to the establishment of a separate CERS board and the KPPA.
Index Headings Retirement and Pensions - Kentucky Public Pensions Authority, allocation of costs between systems
State Agencies - Kentucky Public Pensions Authority, allocation of costs between systems
Counties - County Employees Retirement System, KPPA, allocation of costs

Amendment House Floor Amendment 4
Sponsor J. Miller
Summary Amend KRS 61.510 and 78.510 to refine the definition of "objective medical evidence" to exclude the testimonial statements of the person applying for disability retirement; amend KRS 61.510 to make technical correction; amend KRS 61.702 and 78.5536 to permit the Personnel Cabinet to rate those retirees over 65 impacted by the Medicare Secondary Payer Act who are added to the Kentucky Employees Health Plan (KEHP) separately from other employees and retirees in the KEHP for the purpose of determining medical insurance premiums; and amend KRS 18A.225 to make conforming changes.
Index Headings Retirement and Pensions - Kentucky Public Pensions Authority, Disability retirement, definition of objective medical evidence
State Agencies - Kentucky Public Pensions Authority, Disability retirement, definition of objective medical evidence
State Agencies - Kentucky Public Pensions Authority, Retirees over age 65, conditions required to include in KEHP
State Agencies - Personnel Cabinet, Retirees over age 65, conditions required to include in KEHP
State Employees - Kentucky Public Pension Authority, Disability retirement, definition of objective medical evidence

Amendment House Floor Amendment 5
Sponsor J. Tipton
Summary Retain original provisions; amend KRS 61.510 and 78.510 to amend the definition of a "regular full-time position" to add that exempted emergency positions shall also include a position utilized by the employer during a federal or state emergency declared by the President or Governor to address needs during and as a result of the emergency; make amended definition RETROACTIVE to March 1, 2020 and provide that individuals employed by health departments in emergency positions due to the COVID-19 pandemic shall be exempt through December 31, 2022; RETROACTIVE.
Index Headings Retirement and Pensions - Kentucky Public Pensions Authority, emergency position exemptions in definition of regular full-time
State Agencies - Kentucky Public Pensions Authority, emergency position exemptions in definition of regular full-time
Retroactive Legislation - Kentucky Public Pensions Authority, emergency position exemptions in definition of regular full-time

Amendment Senate Committee Substitute 1
Fiscal Impact Statement Actuarial Analysis to Senate Committee Substitute 1
Summary Retain original provisions; amend KRS 61.505 to require the Kentucky Public Pensions Authority (KPPA) to report by November 15, 2022, and by November 15 of each fiscal year, the annual administrative and investment expenses of the Kentucky Retirement Systems (KRS) and County Employees Retirement System (CERS) as prorated between the systems, including the process used to divide the costs, the amount assigned to each system itemized by category, and any efforts by the systems or the Authority to reduce administrative costs and staffing needs; amend KRS 61.515 and 78.520 to direct that pension trust fund assets attributable to hazardous/nonhazardous members are not expended to pay the benefits of members of the other position type/plan (hazardous/nonhazardous); amend KRS 61.701 to direct that health insurance trust fund assets attributable to members of one system (KERS, CERS, or SPRS) or position type/plan (hazardous/nonhazardous) are not expended to pay the benefits of members of another system or position type; amend KRS 61.702 and 78.5536 to make technical and conforming changes relating to prior legislation.
Index Headings Public Officers and Employees - County Employees Retirement System, KPPA, require reporting of division of costs to PPOB
State Agencies - Kentucky Public Pensions Authority, KRS and CERS, require reporting of division of costs to PPOB
Actuarial Analysis - Kentucky Public Pensions Authority, KRS and CERS, require reporting of division of costs to PPOB
Technical Corrections - HB 297/SCS 1

Amendment Senate Floor Amendment 1
Sponsor P. Wheeler
Summary Retain original provisions; except remove new language in KRS 61.510 and 78.510 changing the definition of "objective medical evidence."
Index Headings Retirement and Pensions - Kentucky Public Pensions Authority, Disability retirement, definition of objective medical evidence
State Agencies - Kentucky Public Pensions Authority, Disability retirement, definition of objective medical evidence
State Employees - Kentucky Public Pensions Authority, Disability retirement, definition of objective medical evidence

Amendment Senate Floor Amendment 2
Sponsor J. Higdon
Summary Retain original provisions; amend KRS 7A.220 to add additional legislative members to the Public Pensions Oversight Board.
Index Headings General Assembly - Public Pension Oversight Board, membership
Legislative Research Commission - Public Pension Oversight Board, membership
Retirement and Pensions - Public Pension Oversight Board, membership

Amendment Senate Floor Amendment 3
Sponsor J. Higdon
Summary Make title amendment.
Index Headings Title Amendments - HB 297/GA

Amendment Senate Floor Amendment 4
Sponsor C. McDaniel
Summary Retain original provisions; amend KRS 61.510 and 78.510 to provide that nominal fees paid to volunteers shall not be aggregated among multiple participating employers; amend KRS 61.675 and 78.625 to provide that employers shall not be required to report data on volunteers to the retirement systems provided the volunteers earn equal to or less than a "nominal fee" as defined by KRS 61.510 or 78.510 and only if the nominal fees are exempt from being considered creditable compensation for retirement purposes; amend KRS 61.680 to conform.
Index Headings Retirement and Pensions - Kentucky Public Pensions Authority, reporting requirements on volunteers

Last updated: 5/25/2022 2:58 PM (EDT)
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