105 KAR 1:130. Hazardous duty coverage.

 

      RELATES TO: KRS 61.592, 78.530,

78.545(31)

      STATUTORY AUTHORITY: KRS 61.645(9)(e)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS

61.645(9)(g) requires the Board of Trustees of the Kentucky Retirement Systems

to promulgate administrative regulations necessary or proper in order to carry

out the provisions of KRS 16.505 to 16.652, 61.510 to 61.705, and 78.510 to

78.852. KRS 61.592(2) requires the board to promulgate administrative

regulations prescribing the manner in which an employer shall request hazardous

duty coverage for employees. This administrative regulation establishes the

procedures and forms for requesting hazardous position coverage.

 

      Section 1. Definitions. (1)

"County" is defined by KRS 78.510(3).

      (2) "Department" is defined by

KRS 61.510(3).

 

      Section 2. If a county eligible to

participate in the County Employees Retirement System chooses to provide

hazardous duty coverage to all eligible employees, the county shall adopt an appropriate

order to pay the required contributions and provide hazardous coverage to all

eligible employees. Notwithstanding the three (3) month trial period set out in

105 KAR 1:120, Section 2, the county's request for participation in County

Employees Retirement System shall be submitted to the Board of Trustees at the

first quarterly meeting which occurs at least one (1) month after the adoption

of the appropriate order. The effective date of hazardous position coverage in

the order shall be the date of the county's participation in County Employees Retirement

System.

 

      Section 3. (1) A department participating

in the Kentucky Employees Retirement System may provide hazardous position coverage

upon authorization by the governing authority. The governing authority shall

make the request for hazardous position coverage in writing to the Board of

Trustees of Kentucky Retirement Systems. If the position is approved, the

effective date of hazardous position coverage shall be the first day of any

month following the quarterly meeting of the board of trustees which occurs

after the date of the request.

      (2) A county participating in County Employees

Retirement System may provide hazardous position coverage upon adoption of a

resolution by its governing authority to transfer eligible positions from

nonhazardous to hazardous position coverage. The governing authority shall make

a written request for hazardous position coverage to the Board of Trustees of

Kentucky Retirement Systems. If the position is approved for hazardous

coverage, the effective date of hazardous position coverage shall be the first

day of any month following the quarterly meeting of the Board of Trustees of

Kentucky Retirement Systems in which the hazardous position coverage is

approved unless a different date is approved by the Board of Trustees of

Kentucky Retirement Systems.

      (a)1. Employees who began participating

in County Employees Retirement System prior to September 1, 2008 and were

working in hazardous covered positions in County Employees Retirement System

prior to September 1, 2008, shall continue to participate as hazardous covered

employees as long as they remain in a position that has been approved for

hazardous coverage.

      2. Employees who began participating in

County Employees Retirement System prior to September 1, 2008 and are subsequently

employed in hazardous covered positions, shall participate as hazardous covered

employees as long as they remain in a position that has been approved for

hazardous coverage.

      (b) Employees who begin participating in

County Employees Retirement System on or after September 1, 2008 in a position

that was approved for hazardous coverage prior to September 1, 2008, shall not

be reported as hazardous covered employees until the county requests that the

Board of Trustees of Kentucky Retirement Systems approve hazardous coverage for

those positions that meet the criteria as set out in KRS 61.592(1)(b), and

hazardous coverage is approved by the Board of Trustees of Kentucky Retirement

Systems for those positions, even if the position has previously been approved

for hazardous coverage.

 

      Section 4. (1) The department shall

complete and submit the Form 7013, HP-1, Hazardous Participation Certification

(KERS). The form shall be signed by the head of the department and by an individual

who can attest that sufficient funds have been budgeted for the employer

contributions. For departments of the Commonwealth

of Kentucky, the department shall also submit a letter from the Governor’s

Office of Policy and Management verifying sufficient funds have been budgeted

for employer contributions.

      (2) The

county shall complete and submit the "Form 7011, HP-1, Hazardous

Participation Certification (CERS)". The form shall be signed by the

agency head and by an individual who can attest that sufficient funds have been

budgeted for the employer contributions.

 

      Section 5. The county or department shall

submit a description of the duties of each position for which hazardous

coverage is requested.

      (1) The agency shall complete Sections 1

and 3 of Form 7025, Position Questionnaire, for employees of a department and

for employees of a county whose participation date was prior to September 1,

2008.

      (2) The agency shall complete Sections 2

and 3 of Form 7025, Position Questionnaire, for employees of a county whose

participation date was on or after September 1, 2008.

 

      Section 6. The county or department shall

complete and submit a Form 2011 HP-2, Hazardous Position Certification provided

by the retirement system for each employee in a position for which the coverage

has been requested. If there is any change in the employee’s work assignment or

classification, the county or department shall submit a new Form 2011, HP-2,

Hazardous Position Certification, indicating the change in the position.

 

      Section 7. If the county elects, pursuant

to KRS 78.530(3)(a), (d) or (f), to pay the cost of providing hazardous

coverage for current employees for past service in positions approved for hazardous

coverage, the county shall request and pay for an actuarial study to determine the

cost.

 

      Section 8. Local government employers may

be obligated by statutes outside KRS Chapter 61 to certify certain positions as

hazardous.

 

      Section 9. Incorporation by Reference.

(1) The following material is incorporated by reference:

      (a) "Form 2011, HP-2, Hazardous

Position Certification," April 2009;

      (b) "Form 7011, HP-1, Hazardous

Participation Certification (CERS)", April 2009;

      (c) "Form 7013, HP-1, Hazardous

Participation Certification (KERS)", April 2009; and

      (d) "Form 7025, Position Questionnaire",

April 2009.

      (2) This material may be inspected,

copied, or obtained, subject to applicable copyright law, at the Kentucky

Retirement Systems, Perimeter Park West, 1260 Louisville Road, Frankfort, Kentucky,

Monday through Friday, 8 a.m. and 4:30 p.m. (18

Ky.R. 921; Am. 1321; eff. 11-8-91; 20 Ky.R. 827; eff. 12-6-1993; 35 Ky.R. 2472,

36 Ky.R. 19; 7-29-2009.)