CHAPTER 192
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CHAPTER 192
( HB 668 )
AN ACT relating to Kentucky Employees Retirement System employers and declaring an emergency.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
Section 1. KRS 61.5991 is amended to read as follows:
Except as otherwise provided by this section, the following shall apply to nonhazardous employers in the Kentucky
Employees Retirement System, who contributed to the system in fiscal year 2019-2020 except in the case of county
attorneys, who are local and district health departments governed by KRS Chapter 212, state-supported universities
and community colleges, county attorneys, mental health/mental retardation boards, domestic violence shelters, rape
crisis centers, child advocacy centers, or any other agency that is eligible to voluntarily cease participation in the
Kentucky Employees Retirement System as provided by KRS 61.522:
(1) (a) Each employer, except for county attorneys, shall report to the Authority for each fiscal year occurring
on or after July 1, 2021, the following persons for which no employer contributions were paid by the
employer to the system during the fiscal year for services provided to the employer:
1. Except as provided by paragraph (b)3. of this subsection, persons employed as an independent
contractor, a leased employee, or via any other employment arrangement as determined by the
Authority, who if employed directly by the employer would qualify as a regular full-time
employee in accordance with KRS 61.510(21); and
2. Persons employed directly by the employer who meet the definition of a regular full-time
employee in accordance with KRS 61.510(21), who are not being reported to the system in
accordance with KRS 61.675.
(b) The reporting required by this paragraph shall:
1. Be reported in a format, detail, and frequency as determined solely by the Authority;
2. Except as provided by subparagraph 3. of this paragraph, include persons providing services to
the employer as an independent contractor, a leased employee, or via any other employment
arrangement as determined by the Authority, and those services have historically been provided
or are currently being provided by employees eligible to participate in the system through the
employer; and
3. Exclude:
a. Contracts for professional services that have not historically been provided by employees
of the employer; [and]
b. Any contracts entered into prior to January 1, 2021, with a person or company to provide
services as an independent contractor, a leased employee, or other employment
arrangement as determined by the Authority, but only for the duration of the original
contract, excluding any renewal periods, and only for those services and persons included
in the original contract, except as provided in subdivision c. of this subparagraph; and
c. Contracts providing services through a non-core services independent contractor as
defined in subsection (9) of this section, regardless of whether or not the contract was
initiated before January 1, 2021, or on or after January 1, 2021.
(c) In any case of doubt, the Authority shall determine whether data should be reported on a specific person
providing services to the employer and the Authority may by promulgation of administrative regulation
provide guidance on which persons should be included for reporting purposes[.
(d) If the Kentucky Public Pensions Authority determines a person who was not reported to the system
under this subsection should be reported to the system as a regular full-time employee, the system shall
require the employer covered by this section to report the employee on or after July 1, 2021, and pay
employer contributions prospectively but shall not, notwithstanding any other statute to the contrary,
bill the employer for any contributions or penalties for any service occurring prior to July 1, 2021, for
that specific employee]; ACTS OF THE GENERAL ASSEMBLY 2
(2) (a) Notwithstanding any other provision of statute to the contrary, the Authority shall:
1. Have full power, including any authority under KRS 61.685, to audit an employer who is subject
to the provisions of this section to ensure compliance and accuracy of the data required to be
reported by the employer in accordance with this section; and
2. Perform audits on a percentage of employers who are subject to the reporting requirements of
this subsection, as determined by the board, for the purpose of ensuring that all eligible
employees are being reported and contributions are being paid in accordance with KRS 61.510
to 61.705. The system shall have full power and authority, including any authority and power
granted under KRS 61.675 and 61.685, to accomplish the audits required by this
subparagraph. An audit time frame and schedule shall be adopted by the board, made
available to impacted employers, and reported to the Public Pension Oversight Board.
(b) If the Authority determines an employer has knowingly falsified data required to be reported under this
section:
1. The Authority shall indicate in the annual report submitted in accordance with subsection (3) of
this section that the employer has knowingly falsified data and shall include a brief summary of
the reasons for the Authority's determination;
2. The employer shall no longer be eligible to receive any future appropriations or subsidies from
the state to assist in paying employer contributions to the system; and
3. The employer shall be required to pay back to the state any appropriations or subsidies provided
in the biennial executive branch budget that were used to directly assist the employer in paying
employer contributions to the system on or after July 1, 2021.
(c) If an employer fails to submit the information required by this section or does not comply with requests
from the Authority regarding this subsection and subsection[subsections] (1)[ and (2)] of this section to
verify or audit the employer's information:
1. The Authority shall indicate in the annual report submitted in accordance with subsection (3) of
this section that the employer is noncompliant with the Authority's requests and shall include a
brief summary of the reasons for the Authority's determination; and
2. The employer may lose eligibility to receive any future appropriations or subsidies from the state
to assist in paying employer contributions to the system, except that if an employer does not
comply with requests from the Authority pursuant to an audit conducted in accordance with
paragraph (a)2. of this subsection the employer shall lose eligibility to receive any future
appropriations or subsidies from the state to assist in paying employer contributions to the
system until such time the employer complies with the audit;
(3) The Authority shall within sixty (60) days following the close of each fiscal year occurring on or after July 1,
2021, determine and report the following to the state budget director's office and the Legislative Research
Commission for each employer subject to this section, except for county attorneys:
(a) The number of regular full-time employees of the employer who were reported to the system during the
prior fiscal year for which contributions were reported in accordance with KRS 61.675;
(b) The number of persons providing services to the employer under subsection (1) of this section during
the prior fiscal year who were not reported to the system and for which no contributions were reported;
(c) A percentage computed by dividing the number of employees reported in paragraph (a) of this
subsection by the combined sum of the number of employees and persons reported in paragraphs (a)
and (b) of this subsection and multiplying by one hundred (100); and
(d) The information required by subsection (2) of this section for any employer who has been determined
by the Authority to have knowingly falsified data or is noncompliant in submitting the data required by
this section to the Authority;
(4) It is the intent of the General Assembly in fiscal years occurring on or after July 1, 2021, to provide
appropriations for county attorneys for retirement costs in the Kentucky Employees Retirement System that is
equal to the difference between the dollar value of actual contributions paid by the employer in fiscal year
2019-2020 to the system and the dollar value of contributions projected to be paid by the employer to the
system in fiscal year 2021-2022; CHAPTER 192
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(5) For fiscal year 2021-2022, it is the intent of the General Assembly to provide a subsidy towards the retirement
costs of employers covered by this section, except for county attorneys who are provided a subsidy by
subsection (4) of this section, that is equal to the difference between the dollar value of actual contributions
paid by the employer to the system in fiscal year 2019-2020 and the dollar value of contributions projected to
be paid by the employer to the system in fiscal year 2021-2022;
(6) It is the intent of the General Assembly that for fiscal years occurring on or after July 1, 2022:
(a) To provide a subsidy towards the retirement costs of each employer subject to this section, except for
county attorneys who are provided a subsidy by subsection (4) of this section, who has made efforts to
increase or maintain the number of employees reported to the system. Specifically, it is the intent of the
General Assembly to provide subsidies only to those employers who have a percentage of employees
reported to the system as specified by subsection (3)(c) of this section, equal to or greater than:
1. Sixty percent (60%) for any subsidies provided in fiscal years occurring on or after July 1, 2022,
to June 30, 2024; and
2. Eighty percent (80%) for any subsidies provided in fiscal years occurring on or after July 1,
2024.
Eligibility for a subsidy provided in each fiscal year of the budget shall be based upon the most recent
percentage of employees reported by the Authority;
(b) For those employers eligible for a subsidy under paragraph (a) of this subsection, to provide a subsidy
that is equal to the dollar value of the subsidy provided to the employer in fiscal year 2021-2022
multiplied by the following percentage:
1. For local and district health departments governed by KRS Chapter 212, state-supported
universities and community colleges, and any other employer subject to this section that has
taxing or fee authority:
a. Ninety percent (90%) in fiscal year 2022-2023;
b. Eighty percent (80%) in fiscal year 2023-2024;
c. Seventy percent (70%) in fiscal year 2024-2025;
d. Sixty percent (60%) in fiscal year 2025-2026; and
e. Fifty percent (50%) in fiscal years occurring on or after July 1, 2026; and
2. For any other employer who does not have taxing or fee authority:
a. Ninety percent (90%) in fiscal years 2022-2024; and
b. Seventy-five percent (75%) in fiscal years occurring on or after July 1, 2024; and
(c) The subsidy provided by this subsection shall be adjusted to reflect the assignment of liabilities based
upon the appeal process in KRS 61.565(1)(d)5.;.
(7) The Council on State Governments (CSG), the Kentucky Educational Television (KET) Foundation,
Association of Commonwealth's Attorneys, the Kentucky High School Athletic Association (KHSAA), the
Municipal Power Association of Kentucky, the Kentucky Office of Bar Admissions, the Nursing Home
Ombudsman, the Kentucky Association of Regional Programs (KARP), and the Kentucky Association of
Sexual Assault Programs are, notwithstanding the provisions of subsections (1) to (6) of this section, exempt
from the reporting requirements and from receiving a subsidy to assist in paying employer contribution rates;
and
(8) The provisions of this section shall not obligate the General Assembly to provide any specific level of subsidy
to assist in paying employer contributions of any employer covered by this section, and employers shall be
responsible for any and all future retirement contributions payable by the employer regardless of the actual
amount of subsidy included in future executive branch budgets.
(9) For purposes of this section, "non-core services independent contractor" means a company or business that
is not owned or controlled, in whole or in part, by an employer participating in the system, whose business
is not limited to providing services to one (1) or more employers participating in the system, but instead also
provides services to the general public or other public agencies not participating in the system, which are ACTS OF THE GENERAL ASSEMBLY 4
limited to facilities services, grounds services, custodial services, bookstore services, dining services,
construction services, trade or maintenance services, health services for university students and employees
of the employer, information technology services, public relation services, photography services, design
services, safety services at universities, hospitality services, entertainment production services, mail services,
printing and copier services, sports arena and stadium management, farrier services, assistive services at
universities such as interpreters or sign language services, or delivery services.
Section 2. KRS 61.565 is amended to read as follows:
(1) (a) Each employer participating in the State Police Retirement System as provided for in KRS 16.505 to
16.652 and the Kentucky Employees Retirement System as provided for in KRS 61.510 to 61.705 shall
contribute annually to the respective retirement system an amount determined by the actuarial valuation
completed in accordance with KRS 61.670 and as specified by this section. Employer contributions for
each respective retirement system shall be equal to the sum of the "normal cost contribution" and the
"actuarially accrued liability contribution."
(b) For purposes of this section, the normal cost contribution shall be computed as a percentage of pay and
shall be an annual amount that is sufficient when combined with employee contributions to fund
benefits earned during the year in the respective system. The amount shall be:
1. Paid as a percentage of creditable compensation reported for each employee participating in the
system and accruing benefits; and
2. The same percentage of pay for all employees who are participating in the same retirement
system, except that separate percentage rates shall be developed in each system for those
employers whose employees are participating in hazardous duty retirement coverage as provided
by KRS 61.592.
(c) For purposes of this section, the actuarially accrued liability contribution for all employers, except for
contributions paid by nonhazardous employers in the Kentucky Employees Retirement System on or
after July 1, 2021, shall be:
1. Computed by amortizing the total unfunded actuarially accrued liability of each system over a
closed period of thirty (30) years beginning with the 2019 actuarial valuation using the level
percentage of payroll amortization method, except that any increase or decrease in the unfunded
actuarially accrued liability occurring after the completion of the 2019 actuarial valuation shall
be amortized over a closed period of twenty (20) years beginning with the actuarial valuation in
which the increase or decrease in the unfunded actuarially accrued liability is recognized. An
increase or decrease in the unfunded actuarially accrued liability may result from, but not be
limited to, legislative changes to benefits, changes in actuarial methods or assumptions, or
actuarial gains or losses;
2. Paid as a percentage of payroll on the creditable compensation reported for each employee
participating in the system and accruing benefits; and
3. The same percentage of pay for all employees who are participating in the same retirement
system, except that separate percentage rates shall be developed in each system for those
employers whose employees are participating in hazardous duty retirement coverage as provided
by KRS 61.592.
(d) 1. For purposes of this section, the actuarially accrued liability contribution for nonhazardous
employers in the Kentucky Employees Retirement System on or after July 1, 2021:
a. Shall be an annual dollar amount that is sufficient to amortize the total unfunded
actuarially accrued liability of the system over a closed period of thirty (30) years
beginning with the 2019 actuarial valuation using the level percentage of payroll
amortization method, except that any increase or decrease in the unfunded actuarially
accrued liability occurring after the completion of the 2019 actuarial valuation shall be
amortized over a closed period of twenty (20) years beginning with the actuarial valuation
in which the increase or decrease in the unfunded actuarially accrued liability is
recognized. An increase or decrease in the unfunded actuarially accrued liability may
result from but not be limited to legislative changes to benefits, changes in actuarial
methods or assumptions, or actuarial gains or losses; CHAPTER 192
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b. Shall be prorated to each individual nonhazardous employer in the Kentucky Employees
Retirement System by multiplying the annual dollar amount of the actuarially accrued
liability contribution for the system as determined by subdivision a. of this subparagraph
by the individual employer's percentage of the system's total actuarially accrued liability
as of the June 30, 2019, actuarial valuation which shall be determined solely by the
system's consulting actuary and assigned to each employer based upon the last
participating employer of the member or retiree as of June 30, 2019. The individual
employer's percentage of the system's total actuarially accrued liability as of the June 30,
2019, actuarial valuation shall be used to determine the individual employer's prorated
dollar amount of the system's actuarially accrued liability contribution in all future fiscal
years of the amortization period or periods, except that the employer's percentage shall be
adjusted to reflect any employer who voluntarily or involuntarily ceases participation as
provided by KRS 61.522 and except as provided by subparagraphs 4. and 5. of this
paragraph. For purposes of this subdivision, all executive branch departments, program
cabinets and their respective departments, and administrative bodies enumerated in KRS
12.020, and any other executive branch agencies administratively attached to a
department, program cabinet, or administrative body enumerated in KRS 12.020, shall be
considered a single individual employer and only one (1) value shall be computed for
these executive branch employers. For purposes of this subdivision, all employers of the
legislative branch, including the Legislative Research Commission and the General
Assembly that covers legislators and staff who participate in the Kentucky Employees
Retirement System, shall be considered a single individual employer and only one (1)
value shall be computed for these employers. For purposes of this subdivision, all
employers of the judicial branch, including the Administrative Office of the Courts, the
Judicial Form Retirement System, and all master commissioners, shall be considered a
single individual employer and only one (1) value shall be computed for these employers.
Upon request by any nonhazardous employer covered by this paragraph, the system
shall, within ninety (90) days of the employer's request, provide the requesting employer
with any:
i. Identifying, demographic, financial, or any other information that was provided
to the system's actuary to determine the employer's share of the system's total
actuarially accrued liability, including individual data provided to the actuary on
each member, retiree, or recipient whose cost was assigned to the employer. The
data shall also include identifying information that will allow the employer to
match its records to the members, retirees, and recipients that resulted in the cost
that has been assigned to the employer; and
ii. Calculations produced by the actuary on each member, retiree, or recipient
during the completion of the valuation that resulted in the cost assigned to the
employer under this paragraph. The data shall include identifying information
that will allow the employer to match its records to the members, retirees, and
recipients that resulted in the cost that has been assigned to the employer;
c. Shall be payable by an individual employer in equal monthly dollar installments during
the fiscal year in accordance with the reporting requirements specified by KRS 61.675 so
that the individual employer pays its full prorated dollar amount of the actuarially accrued
liability contribution as determined by subdivision b. of this subparagraph; and
d. Notwithstanding subdivision b. of this subparagraph for those individual participating
employers who are local and district health departments governed by KRS Chapter 212,
community mental health centers, and employers whose employees are not subject to
KRS 18A.005 to 18A.200, who received or were eligible to receive a distribution of
general fund appropriations in the 2018-2020 biennial executive branch budget to assist in
paying retirement costs under 2018 Ky. Acts ch. 169, Part I, G., 4., (5); 2018 Ky. Acts ch.
169, Part I, G., 5., (2); or 2018 Ky. Acts ch. 169, Part I, G., 9., (2), shall not, once the
initial dollar amounts are established in accordance with this paragraph, be adjusted in
terms of dollars paid by the individual employer, except that adjustments shall be made by
the system upon completion of an actuarial investigation as provided by KRS 61.670, so
long as at least four (4) years have passed since the last adjustment to the actuarially ACTS OF THE GENERAL ASSEMBLY 6
accrued liability contribution for these employers. The provisions of this subdivision shall
not be interpreted to mean that employers described by this subdivision may continue
paying the dollar value of contributions or employer contribution rates established or paid
by the employer in budget periods occurring prior to July 1, 2021.
2. Individual employers, solely for purposes of collecting employer contributions from various fund
sources during the fiscal year, may convert the actuarially accrued liability contribution
established by this paragraph to a percentage of pay and may adjust the percent of pay during the
fiscal year in order to pay the required dollar value of actuarially accrued liability contribution
required by this paragraph. No provision of this subparagraph shall be construed to reduce an
individual employer's actuarially accrued liability contribution as otherwise provided by this
paragraph.
3. The provisions of this paragraph shall not apply to those employers who cease participation as
provided by KRS 61.522.
4. In the event an individual Kentucky Employees Retirement System nonhazardous employer who
is required to pay an actuarially accrued liability contribution as provided by this paragraph and
as calculated from the 2019 actuarial valuation or subsequent valuations, merges with another
employer or entity, forms a new or separate employer or entity, or splits or separates operations
into multiple employers or entities, the system shall, except for those employers or entities who
pay the costs to cease participation as provided by KRS 61.522, have full authority to assign a
portion or all of the total actuarially accrued liability contribution to the merged, new, split, or
separate employers or entities, regardless of whether or not the merged, new, split, or separate
employers or entities participate in the system. In the case of a district health department
established pursuant to KRS Chapter 212, which ceases to operate or which has a county or
counties that withdraw from the district health department, the systems shall assign the total
actuarially accrued liability contribution based upon the proportion of taxable property of each
county as certified by the Department for Public Health in the Cabinet for Health and Family
Services in accordance with KRS 212.132. The system shall establish by administrative
regulations the process of assigning actuarially accrued liability contributions as authorized by
this subparagraph.
5. a. An employer who is not in the executive, legislative, or judicial branch of Kentucky state
government as enumerated in subparagraph 1.b. of this paragraph may on or before July 1,
2021, appeal to the board regarding any current or former employees or retirees the
employer believes should not be used to determine the employer's percentage of the
system's total actuarially accrued liability. The only appeals that shall be submitted by the
employer or considered by the board shall be potential errors where the last participating
employer is in dispute, situations where employees of the employer were hired through a
contract between the executive branch and the employer for the employee to provide
services to the executive branch, or situations where a community mental health center
was contracted to provide services at a facility previously operated by the executive
branch. The employer shall submit the information required by the board to verify
potential errors or contract employees with employers.
b. The board shall review and issue a final determination regarding any appeals by
December 31, 2021. In situations where the board determines the last participating
employer was incorrect and should be assigned to another employer, the system shall,
effective for employer contributions payable on or after July 1, 2022, assign the cost to the
executive branch until such time ownership of the liability can be determined and
assigned to the correct employer. In situations where the board determines certain
employees of employers were hired through a contract between the executive branch and
the employer for an employee or employees to provide services to the executive branch,
those liabilities shall, effective for employer contributions payable on or after July 1,
2022, be assigned to the executive branch. In situations where the board determines the
community mental health center was contracted to provide services at a facility previously
operated by the executive branch, the liabilities for employees providing services at that
facility shall be assigned to the executive branch.
c. No appeal shall be submitted by the employer or considered by the board regarding the
assumptions or methodology used by the actuary to determine a particular employer's CHAPTER 192
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percentage of the system's total actuarially accrued liability or the use of the last
participating employer to assign liabilities to an employer, except as otherwise provided
by this subparagraph.
d. The board shall within thirty (30) days following the final determinations submit to the
Public Pension Oversight Board the list of appeals that were approved, the number of
employees involved, and any costs that will be transferred to the executive branch
effective July 1, 2022.
(e) The employer contributions computed under this section shall be determined using:
1. The entry age normal cost funding method;
2. An asset smoothing method that smooths investment gains and losses over a five (5) year period;
and
3. Other funding methods and assumptions established by the board in accordance with KRS
61.670.
(2) (a) Except as limited by subsection (1)(d)1.d. of this section as it relates to the Kentucky Employees
Retirement System, normal cost contribution rates and the actuarially accrued liability contribution shall
be determined by the board on the basis of the annual actuarial valuation last preceding the July 1 of a
new biennium.
(b) The board shall not have the authority to amend contribution rates as of July 1 of the second year of the
biennium for the Kentucky Employees Retirement System and the State Police Retirement System.
(3) The system shall advise each employer prior to July 1 of any change in the employer contribution rate. Based
on the employer contribution rate, each employer shall include in the budget sufficient funds to pay the
employer contributions as determined by the board under this section.
(4) All employers, including the General Assembly, shall pay the full actuarially required contributions, as
prescribed by this section, to the Kentucky Employees Retirement System and the State Police Retirement
System in fiscal years occurring on or after July 1, 2020.
Section 3. KRS 61.661 is amended to read as follows:
(1) (a) Each current, former, or retired member's account shall be administered in a confidential manner, and
specific data regarding a current, former, or retired member shall not be released for publication, except
that:
1. The member or recipient may authorize the release of his or her account information;
2. Kentucky Retirement Systems may release account information to the employer or to other state
and federal agencies as it deems necessary or in response to a lawful subpoena or order issued by
a court of law, except that Kentucky Retirement Systems shall be required to release account
information to the employer as required by subsection (1)(d)1.b. of Section 2 of this Act; or
3. a. Upon request by any person, the systems shall release the following information from the
accounts of any member or retired member of the Kentucky Employees Retirement
System, the County Employees Retirement System, or the State Police Retirement
System, if the member or retired member is a current or former officeholder in the
Kentucky General Assembly:
i. The first and last name of the member or retired member;
ii. The system or systems in which the member has an account or from which the
retired member is receiving a monthly retirement allowance;
iii. The status of the member or retired member, including but not limited to whether
he or she is a contributing member, a member who is not currently contributing to
the systems but has not retired, a retired member, or a retired member who has
returned to work following retirement with an agency participating in the systems;
iv. If the individual is a retired member, the monthly retirement allowance that he or
she was receiving at the end of the most recently completed fiscal year; ACTS OF THE GENERAL ASSEMBLY 8
v. If the individual is a member who has not yet retired, the estimated monthly
retirement allowance that he or she is eligible to receive at his or her normal
retirement date based upon his or her service credit, final compensation, and
accumulated account balance at the end of the most recently completed fiscal year;
and
vi. The current employer or last participating employer of the member or retired
member, if applicable.
b. No information shall be disclosed under this subparagraph from an account that is paying
benefits to a beneficiary due to the death of a member or retired member.
(b) A current, former, or retired member's account shall be exempt from the provisions of KRS 171.410 to
171.990.
(c) The release of information under paragraph (a)3. of this subsection shall not constitute a violation of the
Open Records Act, KRS 61.870 to 61.884.
(2) (a) When a subpoena is served upon any employee of the Kentucky Retirement Systems, requiring
production of any specific data regarding a current, former, or retired member, it is sufficient if the
employee of the Kentucky Retirement Systems charged with the responsibility of being custodian of the
original delivers within five (5) working days, by certified mail or by personal delivery, legible and
durable copies of records, certified by the employee, or an affidavit stating the information required by
the subpoena to the person specified in the subpoena. The production of documents or an affidavit shall
be in lieu of any personal testimony of any employee of the Kentucky Retirement Systems unless, after
the production of documents or affidavit, a separate subpoena is served upon the systems specifically
directing the testimony of an employee of the systems. When a subpoena is served on any employee of
the systems requiring the employee to give deposition for any purpose, in the absence of a court order
requiring the deposition of a specific employee, the systems may designate an employee to be deposed
upon the matter referred to in the subpoena.
(b) The certification required by this subsection shall be signed before a notary public by the employee and
shall include the full name of the member or recipient, the member's or recipient's Social Security
number, and a legend substantially to the following effect: "The records are true and complete
reproductions of the original or microfiched records which are housed in the retirement systems office.
This certification is given in lieu of his or her personal appearance."
(c) When an affidavit or copies of records are personally delivered, a receipt shall be presented to the
person receiving the records for his signature and shall be immediately signed and returned to the
person delivering the records. When an affidavit or copies of records are sent via certified mail, the
receipt used by the postal authorities shall be sufficient to prove delivery and receipt of the affidavit or
copies of records.
(d) When the affidavit or copies of records are delivered to a party for use in deposition, they shall, after
termination of the deposition, be delivered personally or by certified mail to the clerk of the court or
other body before which the action or proceeding is pending. It shall be the responsibility of the party or
attorney to transmit the receipt obtained to the employee of the Kentucky Retirement Systems charged
with responsibility of being custodian of the original. Upon issuance of a final order terminating the
case and after the normal retention period for court records expires, the affidavit or copies of records
shall be permanently disposed of by the clerk in a manner that protects the confidentiality of the
information contained therein.
(e) Records of the Kentucky Retirement Systems that are susceptible to photostatic reproduction may be
proved as to foundation, identity, and authenticity without any preliminary testimony, by use of legible
and durable copies, certified in accordance with the provisions of this subsection.
Section 4. The amendments to Sections 1 to 3 of this Act shall be retroactive to July 1, 2021.
Section 5. Whereas ensuring the efficient operation of the Kentucky Employees Retirement System is
critical to the Commonwealth of Kentucky and to members, retirees, and employers of the system, an emergency is
declared to exist, and this Act takes effect upon its passage and approval by the Governor or upon its otherwise
becoming law.
Became law without Governor's signature April 11, 2022. CHAPTER 192
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