UNOFFICIAL COPY 23 RS BR 1716
Page 1 of 1
XXXX 2/22/2023 11:23 AM Jacketed
AN ACT relating to reemployment after retirement and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. Notwithstanding any provision of KRS 61.637 or 78.5540, any 3
retiree of the Kentucky Employees Retirement System, County Employees Retirement 4
System, or State Police Retirement System, who following retirement was reemployed on 5
or after March 6, 2020, but prior to January 1, 2023, in a full-time, part-time, or any other 6
form of employment, by an employer participating in the Kentucky Employees 7
Retirement System, County Employees Retirement System, or State Police Retirement 8
System, shall only be required to observe a bona fide separation of service of one month. 9
Section 2. Section 1 of this Act shall be retroactive to March 6, 2020. 10
Notwithstanding any other provisions of KRS 16.505 to 16.652, 61.510 to 61.705, or 11
78.510 to 78.852 to the contrary, any retiree subject to Section 1 of this Act who met the 12
separation of service requirements of Section 1 of this Act, but whose retirement was 13
voided by the systems for not observing a three-month break in employment as required 14
by KRS 61.637 or 78.5540, shall not be required to repay any pension or retiree health 15
benefits the systems determined were paid in error as a result of the retiree's retirement 16
being voided, and any payments made by the retiree as a result of the retiree's retirement 17
being voided shall be refunded by the systems to the retiree. 18
Section 3. Whereas many Kentucky public employees answered the call to 19
serve the Commonwealth during the COVID-19 crisis and should not be penalized for 20
serving our great state in a time of need, an emergency is declared to exist, and this Act 21
takes effect upon its passage and approval by the Governor or upon its otherwise 22
becoming a law. 23