61.675 Employer's administrative duties -- Audit -- Filing of contributions and
649 words·~3 min read·
/ky/61-675A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
reports -- Delinquency in making installment payments.
(1)Except as provided by subsection
(5)of this section, the employer shall
prepare the records and, from time to time, shall furnish the information the
system may require in the discharge of its duties. Upon employment of an
employee, the employer shall inform him of his duties and obligations in
connection with the system as a condition of employment.
(2)The system may at any time conduct an audit of the employer in order to
determine if the employer is complying with the provisions of KRS 16.505 to
16.652, 61.610 to 61.705, or 78.510 to 78.852. The system shall have access
to and may examine all books, accounts, reports, correspondence files, and
records of any employer. Every employer, employee, or agency reporting
official of a department or county, as defined in KRS 78.510(3), having records
in his possession or under his control, shall permit access to and examination
of the records upon the request of the system.
(a)Any agency participating in the Kentucky Employees Retirement System
which is not an integral part of the executive branch of state government
shall file the following at the retirement office on or before the tenth day of
the month following the period being reported:
1. The employer and employee contributions required under KRS
61.560, 61.565, and 61.702;
2. The employer contributions and reimbursements for retiree health
insurance premiums required under KRS 61.637; and
3. A record of all contributions to the system on the forms prescribed
by the board.
(b)If the agency fails to file all contributions and reports on or before the
tenth day of the month following the period being reported, interest on the
delinquent contributions at the actuarial rate adopted by the board
compounded annually, but not less than one thousand dollars ($1,000),
may be added to the amount due the system.
(4)If a nonhazardous employer in the Kentucky Employees Retirement System is
delinquent in paying the employer contributions required by KRS 61.565 for a
period of ninety
(90)days or more for those contributions payable on or after
July 1, 2021, or if an employer who voluntarily ceases participation in the
Kentucky Employees Retirement System as provided by KRS 61.522(8) elects
to pay off the costs of ceasing participation by installment payments as
provided by KRS 61.522(8)(g) and subsequently is delinquent in making
installment payments for a period of ninety
(90)days or more:
(a)Employees of the employer who are participating in the system or who
are continuing to participate in the system after the employer's effective
cessation date as provided by KRS 61.522(8)(d)2. shall not accrue any
additional service credit or benefits in the system through the employer or
ceasing employer until such time as the employer has satisfied the
required employer contributions or installment payments to the system;
(b)The board may file an action in the Franklin Circuit Court to collect any
delinquent employer contributions or installment payments owed by the
employer and to attach so much of the general fund appropriations of the
delinquent employer as is necessary to achieve full compliance with the
provisions of KRS 61.522(8) or 61.565; and
(c)The systems shall notify the Finance and Administration Cabinet, and the
Finance and Administration Cabinet may withhold or intercept from the
employer or ceasing employer a sufficient portion of any appropriated
state funds not yet disbursed to the employer or ceasing employer to
satisfy the required employer contributions or installment payments to the
system.
(5)Employers shall not be required to report any information or pay employer
contributions on any individual serving as a volunteer who is receiving
compensation from the employer equal to or less than a nominal fee as defined
by KRS 61.510 and 78.510 if the compensation paid to the volunteer is
excluded from the definition of creditable compensation as provided by KRS
61.510(13) or 78.510(13).