161.585 Member's account confidential -- Release of certain information from

1,139 words·~5 min read·/ky/161-585

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

accounts of current or former legislators -- Medical records on file confidential

-- Production of records in response to a subpoena or court order.

(1)Each member's or annuitant's account shall be administered in a confidential

manner, and specific data regarding a member or annuitant shall not be released for

publication, except that:

(a)The member or annuitant may authorize the release of his or her account

information;

(b)The board of trustees may release member or annuitant 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; or

information from the accounts of any member or annuitant of the

Kentucky Teachers' Retirement System, if the member or annuitant is a

current or former officeholder in the Kentucky General Assembly:

a. The first and last name of the member or annuitant;

b. The status of the member or annuitant, including but not limited to

whether he or she is a contributing member, a member who is not

contributing but has not retired, a retiree receiving a monthly

retirement allowance, or a retiree who has returned to work

following retirement with an agency participating in the system;

c. If the individual is an annuitant, the monthly retirement allowance

that he or she was receiving at the end of the most recently

completed fiscal year;

d. If the individual is a member who has not yet retired, the estimated

monthly retirement allowance that he or she is eligible to receive

on the first date he or she would be eligible for an unreduced

retirement allowance, using his or her service credit, accumulated

account balance, and final average salary at the end of the most

recently completed fiscal year; and

e. The current or last participating employer of the member or

annuitant, if applicable.

2. No information shall be disclosed under this paragraph from an account

that is paying benefits to a beneficiary due to the death of a member or

annuitant.

(2)The release of information under subsection (1)(c) of this section shall not

constitute a violation of the Open Records Act, KRS 61.870 to 61.884.

(3)Medical records which are included in a member's or annuitant's file maintained by

the Teachers' Retirement System are confidential and shall not be released unless

authorized by the member or annuitant in writing or as otherwise provided by law

or in response to a lawful subpoena or order issued by a court of law. A member

appealing the denial of a disability retirement application and his or her legal

counsel shall be entitled to all written recommendations and reports submitted by

the medical review committee to the Teachers' Retirement System under KRS

161.661(14). Such recommendations and reports shall otherwise be maintained in a

confidential manner and shall not be subject to release under any conditions,

including in response to a subpoena or order issued by a court of law

notwithstanding any other statute to the contrary.

(a)When a subpoena is served upon any employee of the Kentucky Teachers'

Retirement System requiring the production of any data, information, or

records, it is sufficient if the employee of the Kentucky Teachers' Retirement

System charged with the responsibility of being custodian of the original, or

his or her designated staff, delivers either of the following:

1. Legible and durable copies of records certified by the employee or

designated staff; or

2. An affidavit stating the information required by the subpoena.

(b)The production of records or an affidavit shall be in lieu of any personal

testimony of any employee of the Kentucky Teachers' Retirement System

unless, after the production of records or an affidavit, a separate subpoena is

served upon the retirement system specifically directing the testimony of an

employee of the retirement system. When a subpoena is served on any

employee of the retirement system requiring the employee to give testimony

or produce records for any purpose, in the absence of a court order requiring

the testimony of or production of records by a specific employee, the system

may designate an employee to give testimony or produce records upon the

matter referred to in the subpoena. The board of trustees may promulgate an

administrative regulation for the recovery of reasonable travel and

administrative expenses for those occasions when an employee of the

retirement system is required to travel from his or her home or office to

provide testimony or records. Recoverable expenses may include the travel

expenses, wages, salary, and overtime paid to the employee by the retirement

system for the period of time that the employee is away from the office. The

cost of these expenses shall be borne by the party issuing the subpoena

compelling the employee's travel. The board of trustees may also promulgate

an administrative regulation establishing a reasonable fee for the copying,

compiling, and mailing of requested records.

(c)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

annuitant, the last four digits of the Social Security number of the member or

annuitant, and a legend substantially to the following effect: "The records are

true and complete reproductions of the original, microfiched, or electronically

stored records which are housed in the retirement system's office. This

certification is given in lieu of the undersigned's personal appearance."

(d)When the affidavit or copies of records are delivered to a requesting party for

use in deposition they shall, after termination of the deposition, be delivered

by the requesting party personally or by certified mail to the clerk of the court

or other body before which the action or proceeding is pending.

(e)Upon completion of delivery by the retirement system of copies of records by

their deposit in the mail or by their personal delivery to the requesting party,

the retirement system shall cease to have any responsibility or liability for the

records and their continued maintenance in a confidential manner.

(f)Records of the Kentucky Teachers' Retirement System that are susceptible to

reproduction may be proved as to foundation, identity, and authenticity

without preliminary testimony, by use of legible and durable copies, certified

in accordance with the provisions of this subsection.

(g)The provisions of this subsection shall not be construed to prohibit the

Kentucky Teachers' Retirement System from asserting any exemption,

exception, or relief provided under the Kentucky Rules of Civil Procedure or

other applicable law.

(5)For purposes of this section, "records" includes retirement estimates, affidavits, and

other documents prepared by or in the possession of the Kentucky Teachers'

Retirement System in response to information requested in a lawful subpoena or

order issued by a court of law.