95.022 Employment of retired police officers.
668 words·~3 min read·
/ky/chapter-95/95-022A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)As used in this section:
(a)"City" means any incorporated city, consolidated local government, unified
local government, urban-county government, or charter county government,
operating under the law of this Commonwealth, and the offices and agencies
thereof; and
(b)"Police officer" has the same meaning as "police officer" in KRS 15.420 and
as "officer" in KRS 16.010.
(2)Subject to the limitations of subsection
(7)of this section, a city may employ
individuals as police officers under this section who have retired from the Kentucky
Employees Retirement System, the County Employees Retirement System, or the
State Police Retirement System.
(3)To be eligible for employment under this section, an individual shall have:
(a)Participated in the Law Enforcement Foundation Program fund under KRS
15.410 to 15.510 or retired as a commissioned officer pursuant to KRS
Chapter 16;
(b)Retired with at least twenty
(20)years of service credit;
(c)Been separated from service for the period required by KRS 61.637 and
78.5540 so that the member's retirement is not voided;
(d)Retired with no administrative charges pending; and
(e)Retired with no preexisting agreement between the individual and the city
prior to the individual's retirement for the individual to return to work for the
city.
(4)Individuals employed under this section shall:
(a)Serve for a term not to exceed one
(1)year. The one
(1)year employment term
may be renewed annually at the discretion of the employing city;
(b)Receive compensation according to the standard procedures applicable to the
employing city; and
(c)Be employed based upon need as determined by the employing city.
(5)Notwithstanding any provisions of KRS 16.505 to 16.652, 18A.225 to 18A.2287,
61.510 to 61.705, or 78.510 to 78.852 to the contrary:
(a)Individuals employed under this section shall continue to receive all
retirement and health insurance benefits to which they were entitled upon
retiring in the applicable system administered by Kentucky Retirement
Systems or the County Employees Retirement System;
(b)Individuals employed under this section shall not be eligible to receive health
insurance coverage through the employing city;
(c)The city shall not pay any employer contributions or retiree health expense
reimbursements to the Kentucky Retirement Systems required by KRS 61.637
for individuals employed under this section; and
(d)The city shall not pay any insurance contributions to the state health insurance
plan, as provided by KRS 18A.225 to 18A.2287, for individuals employed
under this section.
(6)Individuals employed under this section shall be subject to any merit system, civil
service, or other legislative due process provisions applicable to the employing city.
A decision not to renew a one
(1)year appointment term under this section shall not
be considered a disciplinary action or deprivation subject to due process.
(7)A city government shall be limited in the number of retired police officers that it
may hire under this section as follows:
(a)A city government that employed an average of five
(5)or fewer police
officers over the course of the immediately preceding calendar year shall not
be limited in the number of officers that they may hire under this section;
(b)A city government that employed an average of more than five
(5)but fewer
than one hundred
(100)police officers over the course of the immediately
preceding calendar year shall not hire more than five
(5)police officers or a
number equal to twenty-five percent (25%) of the police officers employed by
the city in the immediately preceding calendar year, whichever is greater; and
(c)A city government that employed an average of one hundred
(100)or more
police officers over the course of calendar year 2015 shall not hire more than
twenty-five
(25)police officers or a number equal to ten percent (10%) of the
police officers employed by the city in the immediately preceding calendar
year, whichever is greater.
(8)Retired police officers employed by a city government for purposes of KRS
158.4414 shall not apply against the limitations provided by subsection
(7)of this
section.