102 KAR 1:310. Benefit eligibility conditions for members providing part-time and substitute services

Link to law: http://www.lrc.ky.gov/kar/102/001/310.htm
Published: 2015

      102 KAR 1:310. Benefit eligibility conditions for members

providing part-time and substitute services.

 

      RELATES TO: KRS 161.470(6), 161.500,

161.520, 161.620, 161.655, 161.661, 161.663

      STATUTORY AUTHORITY: KRS 161.310, 161.612

      NECESSITY, FUNCTION AND CONFORMITY: KRS

161.310 requires the Board of Trustees of the Kentucky Teachers’ Retirement

System to promulgate administrative regulations for the administration of the

funds of the retirement system and for the transaction of business. KRS 161.612(2)

requires the board to adopt eligibility conditions pursuant to which members

providing part-time or substitute services may participate in the benefits

provided pursuant to KRS 161.520, 161.655, 161.661, and 161.663. This

administrative regulation establishes eligibility conditions for members providing

part-time or substitute services.

 

      Section 1. A member who provides

part-time or substitute teaching services and who has never been an annuitant

of the retirement system shall be eligible to apply for disability retirement

benefits provided pursuant to KRS 161.661 and 161.663, and his or her

beneficiary and any survivor eligible to apply for life insurance benefits

provided pursuant to KRS 161.655 and survivor benefits provided pursuant to KRS

161.520, only if the member meets the eligibility conditions established in

this section.

      (1) The member shall have completed at

least sixty-nine (69) percent of a full contract year that would be completed

by a member employed on a full-time basis in the same position in order to become

eligible to apply for disability retirement, and for his or her beneficiary or

any survivor to be eligible to apply for life insurance and survivor benefits. Employment

shall be in a position from which contributions were made to Kentucky Teachers’

Retirement System.

      (2) If the position does not provide for

full-time employment, the member shall be required to complete at least

sixty-nine (69) percent of the normal school calendar for a certified,

full-time teacher in the school district in which the member is employed. Full-time

employment shall not require less than the normal school calendar for a

certified, full-time teacher in the district in which the member is employed.

      (3) The member shall be accredited days

by adding his or her total number of hours worked in one (1) fiscal year and

dividing that number by the number of hours that are required pursuant to a normal,

full-time contract to calculate the number of full-time days. If this

calculation results in a fractional number of days, the number shall be rounded

down to the next whole number of days.

      (4) A member who is employed in more than

one (1) school district in the same fiscal year shall be required to complete a

number of days at least equal to sixty-nine (69) percent of the school calendar

in the district requiring the greatest number of days.

      (5) Once the requisite number of days or

equivalent days are worked for one (1) fiscal year, the member shall be

eligible to apply for disability retirement, and his or her beneficiary and any

survivor shall be eligible to apply for life insurance and survivor benefits,

through the end of the next fiscal year immediately succeeding the fiscal year

in which the eligibility conditions are met.

      (6) For a member with less than five (5)

years of active service in a position participating in the retirement system,

the disabling condition or death shall be the result of a single, traumatic,

physical injury directly related to his or her Kentucky Teachers’ Retirement

System-covered employment in order to be eligible to apply for disability

retirement, and for his or her beneficiary or any survivor to be eligible to apply

for life insurance and survivor benefits.

      (7) A member with less than five (5)

years of service credit in Kentucky Teachers’ Retirement System, who has

service credit in Kentucky Retirement Systems, shall not be eligible to apply

for disability retirement and shall be eligible only for a refund on his or her

account pursuant to KRS 161.470(6), unless the member experiences a disabling

condition as a result of the conditions required by subsection (6) of this section.

 

      Section 2. A member who is employed

part-time in a nonteaching position that requires certification or a four (4)

year degree and who has never been an annuitant of the retirement system shall

be eligible to apply for disability retirement benefits provided pursuant to

KRS 161.661 and 161.663, and his or her beneficiary or any survivor eligible to

apply for life insurance benefits provided pursuant to KRS 161.655 and survivor

benefits provided pursuant to KRS 161.520, only if the member meets the

eligibility conditions established in this section.

      (1) The member shall have completed at

least sixty-nine (69) percent of the number of days required for full-time employment

in the position in order to become eligible to apply for disability retirement,

and for his or her beneficiary and any survivor to be eligible to apply for

life insurance and survivor benefits. Employment shall be in a position from

which contributions were made to Kentucky Teachers’ Retirement System.

      (2) If the position does not provide for

full-time employment, the member shall be required to complete at least

sixty-nine (69) percent of a normal full-time contract of 260 days in order to

meet the eligibility conditions established in this administrative regulation. Full-time

employment shall not require less than 220 working days.

      (3) The member shall be accredited days

by adding his or her total number of hours worked in one (1) fiscal year and dividing

that number by the number of hours that are required pursuant to a typical,

full-time contract to extrapolate the number of full-time days. If this

calculation results in a fractional number of days, the number shall be rounded

down to the next whole number of days.

      (4) A member who is employed by more than

one (1) employer in the same fiscal year shall be required to complete a number

of days at least equivalent to sixty-nine (69) percent of the number days in the

full-time position of the employer requiring the greatest number of worked

days.

      (5) Once the requisite number of days or

equivalent days are worked for one (1) fiscal year, the member shall be

eligible to apply for disability retirement, and his or her beneficiary or any

survivor shall be eligible to apply for life insurance and survivor benefits,

through the end of the next fiscal year immediately succeeding the fiscal year

in which the eligibility conditions are met.

      (6) For a member with less than five (5)

years of active service in a position participating in the retirement system,

the disabling condition or death shall be the result of a single, traumatic,

physical injury directly related to his or her Kentucky Teachers’ Retirement

System-covered employment in order to be eligible to apply for disability

retirement, and for his or her beneficiary or any survivor to be eligible to apply

for life insurance and survivor benefits.

      (7) A member with less than five (5)

years of service credit in Kentucky Teachers’ Retirement System, who has

service credit in Kentucky Retirement Systems, shall not be eligible to apply

for disability retirement benefits and shall be eligible only for a refund of his

or her account pursuant to the conditions of KRS 161.470(6), unless the member

experiences a disabling condition as a result of the conditions required in

subsection (6) of this section. (36 Ky.R. 703; Am. 1010; eff. 11-9-2009; 39

Ky.R. 1282; 1651; eff. 3-8-2013.)
Read Entire Law on www.lrc.ky.gov