67A.360 Definitions for KRS 67A.360 to 67A.690.
800 words·~4 min read·
/ky/chapter-67a/67a-360A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Words and phrases, wherever used in KRS 67A.360 to 67A.690, unless a different meaning is clearly indicated by the context, shall have the following meanings:
(1)"Fund" shall mean the "Police and Fire Retirement Fund of the ....
Urban-County Government";
(2)"Government" shall mean the governmental unit of any urban-county
government in the Commonwealth of Kentucky, including the governmental
unit of any former urban-county government which changes its form of
government, class or other status;
(3)"Department" shall mean the police department or the fire department of a
government;
(4)"Board" shall mean the board of trustees provided in KRS 67A.360 to 67A.690
as the agency responsible for the direction and operation of the affairs and
business of the fund. The board shall hold title to all assets of the fund;
(5)"Member" shall mean any member of the police or fire department who is
included in the membership of the fund;
(6)"Service" shall mean actual employment in a department of a government, or a
city existing within the boundaries of the government immediately prior to the
establishment of an urban-county government, for salary or compensation, or
service otherwise creditable as herein provided;
(7)"Prior service" shall mean service rendered prior to the date of establishment
of the fund or the fund of a city existing within the boundaries of the
government immediately prior to the establishment of an urban-county
government;
(8)"Membership service" shall mean service rendered on or after the date of
establishment of the fund or the fund of a city existing within the boundaries of
the government immediately prior to the establishment of an urban-county
government;
(9)"Total service" shall mean prior service, membership service, and service
credit purchased by a member as provided in KRS 67A.402;
(10)"Regular interest" shall mean such rate of interest as shall be fixed by the
board, provided that for the first five
(5)years of operation of the fund the rate
shall be not less than three percent (3%) per annum, compounded annually;
(11)"Occupational disability" shall mean disability due to occupational causes,
including but not limited to injury or disease. The presumption of contracting
disease "while on active duty as a result of strain or the inhalation of noxious
fumes, poisons or gases" created by KRS 79.080 shall be a presumption of
"occupational disability" hereunder;
(12)"Occupational death" shall mean death due to occupational causes, including
but not limited to injury or disease;
(13)"Average salary" shall mean the highest average annual salary of the member
for any three
(3)consecutive years of service within the total service of the
member, including employee contributions picked up after August 1, 1982
pursuant to KRS 67A.510(2);
(14)The masculine pronoun, wherever used, shall include the feminine pronoun;
and widow shall include widower;
(15)The fiscal year of the fund shall date from July 1 of any year to June 30 of the
next year following;
(16)"Total disability" shall mean a disability which substantially precludes a person
from performing with reasonable regularity the substantial and material parts of
any gainful work or occupation in the service of the department that he would
be competent to perform were it not for the fact that the impairment is founded
upon conditions which render it reasonably certain that it will continue
indefinitely;
(17)"Minor child" includes, as applicable, a child under the age of twenty-three
still engaged in full-time education;
(18)"Mayor," "commissioner of finance," "commissioner of public safety," and
"director of human resources" shall mean the persons holding the office or job
most closely resembling the ordinary meaning of such terms, in the event that
a government does not have an office so described;
(19)"Salary" means the member's actual base rate of pay and any other
compensation that the government chooses to include. "Salary" shall include
longevity pay, training incentive pay, hazardous duty and special duty pay, and
salary credited as provided by KRS 67A.430(1)(d), but shall exclude uniform
and equipment allowances, uniform maintenance allowances, education
incentive pay, annual payments for excess accumulated sick leave credit,
compensation for overtime work, except for scheduled overtime of fire
department members, and any other compensation excluded by the
government;
(20)"Participation date" means the date the member was hired by the government
in a position eligible to participate in the fund;
(21)"Actuarial funding level" means the actuarial value of assets divided by the
actuarially accrued liability expressed as a percentage that is determined and
reported by the actuary in the annual actuarial valuation of the fund; and
(22)"Surviving spouse" means a person legally married to an active or retired
member of the fund on the date of the active or retired member's death and
who satisfies any length of marriage requirements for entitlement to benefits
under KRS 67A.360 to 67A.690.