KRS 95.851: Definitions for KRS 95.851 to 95.884 and 95.991.

Words and phrases, used in KRS 95.851 to 95.884 and KRS 95.991, unless a different

meaning is clearly indicated by the context, shall have the following meanings:

(1) "Fund" shall mean the "Policemen's and Firefighters' Retirement Fund of the City of

__________."

(2) "City" shall mean any city that was previously classified as a city of the second class

prior to August 1, 1988, under the city classification system that was in effect prior

to August 1, 1988, or to any other city that established a policemen' s and

firefighters' retirement fund specifically under the provisions of KRS 95.851 to

95.884 prior to August 1, 1988.

(3) "Department" shall mean the police department or the fire department of a city.

(4) "Board" shall mean the board of trustees provided for herein as the agency

responsible for the direction and operation of the affairs and business of the fund.

The board shall hold title to all assets of the fund.

(5) "Member" shall mean any member of the police or fire department who is included

in the membership of the fund.

(6) "Service" shall mean actual employment in a department of a city for salary or

compensation, or service otherwise creditable as herein provided.

(7) "Prior service" shall mean service rendered prior to the date of establishment.

(8) "Membership service" shall mean service rendered on or after the date of

establishment.

(9) "Total service" shall mean prior service, membership service, and military service.

(10) "Regular interest" shall mean such rate of interest as shall be fixed by the board,

provided that for the first five (5) years of operation of the fund the rate shall be

three percent (3%) per annum, compounded annually.

(11) "Occupational disability" shall mean disability due to occupational causes,

including but not limite d to injury or disease. The presumption of contracting

disease "while on active duty as a result of strain or the inhalation of noxious fumes,

poisons or gases" created by KRS 79.080 shall be a presumption of "occupational

disability" hereunder.

(12) "Occupational death" shall mean death due to occupational causes, including but

not limited to injury or disease.

(13) "Average salary" shall mean the highest average annual salary of the member for

any three (3) consecutive years of service within the total se rvice of the member,

and includes employee contributions picked up by the employer pursuant to KRS

65.155.

(14) The masculine pronoun, wherever used, shall include the feminine pronoun; also,

widow shall include widower.

(15) The fiscal year of the fund shall date from July 1 of any year to June 30 of the next

year following.

(16) "Total disability" shall mean a disability which substantially precludes a person

from performing with reasonable regularity the substantial and mate rial parts of any

gainful work or occupation in the service of the department that he would be

competent to perform were it not for the fact that the impairment is founded upon

conditions which render it reasonably certain that it will continue indefinitely.