Section 161.614 - Court-ordered back salary and reinstatementA court order awarding additional back salary to or reinstating a member as a result of employment in a position covered by the Teachers' Retirement System shall entitle the member to additional salary or service credit, or both, under the following circumstances:
(1) Members shall make contributions to the Teachers' Retirement System at the rate set forth in KRS 161.540 and members' employers shall make contributions at the rate set forth in KRS 161.550, with interest accruing on all contributions at the rate of eight percent (8%) per annum from the end of each fiscal year that back salary or the reinstatement was ordered. Contributions, plus interest, shall be made for each year that back salary or reinstatement was ordered. No service or salary credit shall be credited to a member's account unless full contributions are paid to the Teachers' Retirement System;(2) The member may have court-ordered back salary credited to his or her account only to the extent that the member actually received payment for the back salary and only to the extent that the court-ordered back salary is within the salary scale that was available to the member in the covered position for the years that the back salary was awarded. Court-ordered back salary can be credited to the member's account only as permitted under KRS 161.220(9) and (10). The member may have court-ordered service credited to his or her account only after the retirement system has received the contributions and interest on the full compensation that would normally be earned in the position that is the subject of the litigation;(3) The member's employer ordered to pay back salary or to reinstate the member by a court of competent jurisdiction shall provide the retirement system with a breakdown of the back salary awarded to the member on a year-by-year basis;(4) The calculations of the contributions and interest required to be paid for court-ordered back salary or reinstatement shall be provided by the retirement system to the member or the member's employer at the member's or employer's request. Requests for these calculations shall be made with at least two (2) weeks of advance notice to the retirement system to provide these calculations. The retirement system will calculate accrued interest as of the last day of the month during which payment of the full contributions are made;(5) For purposes of this section, a settlement agreement that provides back salary or reinstatement, and is adopted by order or judgment of a court of competent jurisdiction or is referenced in an order dismissing the action as settled shall have the same effect as a court order adjudicating the matter. Orders entered by a government board or agency as a result of litigation conducted on an administrative hearing level and legally binding arbitration and mediation awards shall be considered as court orders for the purposes of this section; and(6) Under no circumstances shall a member be entitled to service credit as a result of court-ordered reinstatement that is in violation of the provisions of KRS 161.500.Effective: June 29, 2021
Amended 2021 Ky. Acts ch. 192, sec. 18, effective June 29, 2021. -- Amended 2008 Ky. Acts ch. 78, sec. 16, effective July 1, 2008. -- Amended 2004 Ky. Acts ch. 121, sec. 18, effective July 1, 2004. -- Created 2002 Ky. Acts ch. 275, sec. 2, effective July 1, 2002.
Amended by 2021 Ky. Acts ch. 192,§ 18, eff. 6/29/2021.Effective:7/1/2008
Amended 2008, Ky. Acts ch. 78, sec. 16, effective7/1/2008. -- Amended 2004, Ky. Acts ch. 121, sec. 18, effective 7/1/2004. -- Created 2002, Ky. Acts ch. 275, sec. 2, effective 7/1/2002.