KRS 21.385: Payment of benefits while continuing in service -- Options for member who

began participating before January 1, 2014 -- Multiple retirements by one

person.

(1) In a situation in which, by reason of federal tax law, the failure to commence the

payment of retirement benefits to a vested member of the Kentucky Judicial

Retirement Plan, by a specified date after the member reaches a specified age, as

designated by the federal tax law, will result in the imposition of a special excise

tax, the membe r, without retiring, shall be entitled, as of the specified date, to

commence drawing from the plan the monthly benefit he or she would have been

entitled to had he or she retired on that date. Notwithstanding the provisions of KRS

21.360 and 61.680, a mem ber who began participating in the Judicial Retirement

Plan prior to January 1, 2014, may, at his or her option, continue to be a

participating member of the plan thereafter until he or she retires, or, may elect to

cease to be a participating member of th e plan, in which latter event he or she shall

not be required to become a participating member of the Kentucky Employees

Retirement System.

(2) A member drawing benefits from the Kentucky Judicial Retirement Plan pursuant

to subsection (1) of this section who elects to continue as a participating member of

the plan, or a person drawing benefits from the plan by reason of having retired,

who by reason of reemployment again becomes a participating member of the plan,

shall continue to draw the benefits until he or she retires, and accrue additional

benefits, but in the calculation of the additional benefits only the years of service

after he or she commenced drawing the initial benefits shall be counted, and the

monthly additional benefit shall not exceed such amount as, when added to the

initial monthly benefit, will equal the final compensation on which the additional

benefit was calculated. The member's surviving spouse, if married to the member at

the time of his or her ultimate retirement, shall be conside red to be the surviving

spouse with respect to both the additional and the initial benefits.