KRS 21.405: Increase of retirement benefits.

(1) As of July 1, 1982, the board of trustees of the Kentucky Judicial Form Retirement

System shall recompute the monthly benefits of persons then receiving benefits

under the Judicial Retirement Plan, provided the person began participating in the

plan prior to January 1, 2014, by using the same service credit rate and the same

number of years of service that were used in computing the benefits then being

received but substituting, in lieu of the "final compensation" that was used in the

computation of the benefit then being received an amount equal to fifty-five percent

(55%) of the final compensation of the office in which the credit was earned for a

person retiring as of June 30, 1982.

(2) As of July 1, 1983, and as of July 1 of each year thereafter, the boa rd of trustees of

the Kentucky Judicial Form Retirement System shall recompute the monthly

benefits of persons then receiving benefits under the Judicial Retirement Plan,

provided the person began participating in the plan prior to January 1, 2014, by

using the following formula: two and three -fourths percent (2.75%) times fifty -five

percent (55%) of the final compensation of the office in which the retirement credit

was earned for a person retiring as of the recomputation date, times the number of

years of service credit (not to exceed thirty-six (36) years).

(3) In making the recomputations provided for in subsections (1) and (2) of this section

for members who began participating in the plan prior to January 1, 2014, the same

reduction factor, in case of an actuarially reduced benefit or a surviving spouse's

benefit, shall be used as was used in determining the benefit then being received. If

the benefit as recomputed in accordance with subsection (1) or (2) of this section is

higher than the benefit then being received, the recomputed benefit shall thereafter

be paid monthly, commencing as of the date specified for the recomputation,

subject to future adjustment at ensuing annual recomputations in accordance with

subsection (2) of this section. For the pur poses of this section, the following office

equivalents shall be used: Judge of former Court of Appeals - Justice of Supreme

Court; any position other than judge or justice that was covered by the Judicial

Retirement System - Judge of the present Court of Appeals.

(4) Effective August 1, 1998, to July 1, 2008, a recipient of a monthly pension benefit

from the Kentucky Judicial Retirement Plan who began participating in the plan

prior to January 1, 2014, shall have his or her benefit increased on July 1 of e ach

year by the percentage increase in the annual average of the consumer price index

for all urban consumers for the most recent calendar year as published by the

Federal Bureau of Labor Statistics, not to exceed five percent (5%). In determining

the state's appropriation to the Judicial Retirement Fund, only the costs of increases

granted as of the most recent valuation date shall be recognized. The benefits of this

subsection as provided on August 1, 1998, to July 1, 2008, shall not be considered

as bene fits protected by the inviolable contract provisions of KRS 21.480. The

General Assembly reserves the right to suspend or reduce the benefits conferred in

this subsection if in its judgment the welfare of the Commonwealth so demands.

(5) (a) Effective July 1, 2009, and on July 1 of each year thereafter, a recipient of a

monthly pension benefit from the Kentucky Judicial Retirement Plan shall

have his or her benefit increased by one and one-half percent (1.5%), if:

1. The funding level of the plan is greater than one hundred percent

(100%) and subsequent legislation authorizes the use of any surplus

actuarial assets to provide an increase in retirement allowances

described by this subsection; or

2. The General Assembly appropriates sufficient funds to fully p refund the

increase described by this subsection in the year the increase is

provided.

(b) The board of trustees of the Kentucky Judicial Form Retirement System shall,

at least thirty (30) days prior to the beginning of regular sessions of the

General Assembly held in even-numbered years, advise the General Assembly

of the following:

1. Whether the plan has a funding level greater than one hundred percent

(100%) and if the plan can support an increase in recipients' retirement

allowances as provided by paragraph (a) of this subsection over the next

budget biennium without reducing the fun ding level of the plan below

one hundred percent (100%); and

2. If no surplus actuarial assets are available, the level of funds needed to

fully prefund an increase for plan recipients over the next budget

biennium if a one and one -half percent (1.5%) incr ease is provided

annually over the biennium.

(c) For purposes of this subsection, "funding level" means the actuarial value of

assets divided by the actuarially accrued liability expressed as a percentage

that is determined and reported by the plan's actua ry in the plan's actuarial

valuation.

(d) The full increase described by this subsection shall only be provided if the

recipient has been receiving a benefit for at least twelve (12) months prior to

the effective date of the increase. If the recipient has been receiving a benefit

for less than (12) months prior to the effective date of the increase provided

by this subsection, the increase shall be reduced on a pro rata basis for each

month the recipient has not been receiving benefits in the twelve (12) mo nths

preceding the effective date of the increase.

(e) In determining the state's appropriation to the Judicial Retirement Fund, only

the costs of increases granted as of the most recent valuation date shall be

recognized.

(f) The benefits of this subsecti on as provided on July 1, 2009, and thereafter

shall not be considered as benefits protected by the inviolable contract

provisions of KRS 21.480. The General Assembly reserves the right to

suspend or reduce the benefits conferred in this subsection if in i ts judgment

the welfare of the Commonwealth so demands.

(6) In addition to the increase to a recipient's retirement allowance as provided by

subsection (5) of this section, the General Assembly may, by subsequent legislation,

provide supplemental increases to a recipient's retirement allowance to help adjust

for actual changes in the recipient's cost of living if the General Assembly

appropriates sufficient funds to fully prefund the benefit in the year the increase is

provided.