61.661 Member's account confidential -- Release of certain information from
989 words·~4 min read·
/ky/61-661A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
accounts of current or former legislators -- Response to subpoenas.
(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. The Kentucky Public Pensions Authority 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 the Kentucky Public Pensions
Authority shall be required to release account information to the
employer as required by KRS 61.565(1)(d)1.b.; 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;
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.
(a)When a subpoena is served upon any employee of the Kentucky
Retirement Systems, the County Employees Retirement System, or the
Kentucky Public Pensions Authority, requiring production of any specific
data regarding a current, former, or retired member, it is sufficient if the
employee of the Kentucky Public Pensions Authority charged with the
responsibility of being custodian of the original delivers within five
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, the County Employees Retirement System, or the Kentucky
Public Pensions Authority, unless, after the production of documents or
affidavit, a separate subpoena is served upon the systems or the
Authority specifically directing the testimony of an employee of the
systems or of the Authority. When a subpoena is served on any employee
of the systems or of the Authority 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 or the Authority 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 or her
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 Public Pensions Authority 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 Public Pensions Authority 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.