61.535 Cessation of membership -- Conditions -- Forfeiture of retirement benefits.
289 words·~1 min read·
/ky/chapter-61/61-535A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(Effective April 1, 2021)
(1)The membership of any person in the system shall cease:
(a)Upon withdrawal of his accumulated account balance at or any time after
termination of employment, regardless of length of service;
(b)Upon disability retirement;
(c)Upon service retirement;
(d)Upon death;
(e)For persons hired prior to August 1, 2000, upon termination of employment
with prejudice; or
(f)For persons hired on or after August 1, 2000, upon conviction of a felony
relating to the person's employment as provided in subsection
(3)of this
section.
(2)For purposes of KRS 61.510 to 61.705 and 16.505 to 16.652, termination of
employment with prejudice shall mean termination as the result of conviction of the
member in a court of competent jurisdiction of embezzlement or larceny of public
funds or property or malfeasance in office, or the forcing of a member to make
restitution for any funds or property criminally taken by said member at the time of
termination of employment.
(3)Notwithstanding any provision of law to the contrary, an employee hired on or after
August 1, 2000, who participates in one
(1)of the retirement systems administered
by the Kentucky Retirement Systems and who is convicted, in any state or federal
court of competent jurisdiction, of a felony related to his employment shall forfeit
rights and benefits earned under the retirement system, except for the return of his
accumulated contributions and interest credited on those contributions. The
payment of retirement benefits ordered forfeited shall be stayed pending any appeal
of the conviction. If the conviction is reversed on final judgment, no retirement
benefit shall be forfeited. The employer shall notify the retirement system when an
employee is convicted under the provisions of this subsection.