{"data":{"id":"us-ky/krs-161.585","jurisdiction":"us-ky","citation":"KRS 161.585","heading":"Member's account confidential -- Release of certain information from","body":"accounts of current or former legislators -- Medical records on file confidential\n-- Production of records in response to a subpoena or court order.\n(1) Each member's or a nnuitant's account shall be administered in a confidential\nmanner, and specific data regarding a member or annuitant shall not be released for\npublication, except that:\n(a) The member or annuitant may authorize the release of his or her account\ninformation;\n(b) The board of trustees may release member or annuitant account information to\nthe employer or to other state and federal agencies as it deems necessary or in\nresponse to a lawful subpoena or order issued by a court of law; or\n(c) 1. Upon request by an y person, the system shall release the following\ninformation from the accounts of any member or annuitant of the\nKentucky Teachers' Retirement System, if the member or annuitant is a\ncurrent or former officeholder in the Kentucky General Assembly:\na. The first and last name of the member or annuitant;\nb. The status of the member or annuitant, including but not limited to\nwhether he or she is a contributing member, a member who is not\ncontributing but has not retired, a retiree receiving a monthly\nretirement allowance, or a retiree who has returned to work\nfollowing retirement with an agency participating in the system;\nc. If the individual is an annuitant, the monthly retirement allowance\nthat he or she was receiving at the end of the most recently\ncompleted fiscal year;\nd. If the individual is a member who has not yet retired, the estimated\nmonthly retirement allowance that he or she is eligible to receive\non the first date he or she would be eligible for an unreduced\nretirement allowance, using his or her s ervice credit, accumulated\naccount balance, and final average salary at the end of the most\nrecently completed fiscal year; and\ne. The current or last participating employer of the member or\nannuitant, if applicable.\n2. No information shall be disclosed under this paragraph from an account\nthat is paying benefits to a beneficiary due to the death of a member or\nannuitant.\n(2) The rele ase of information under subsection (1)(c) of this section shall not\nconstitute a violation of the Open Records Act, KRS 61.870 to 61.884.\n(3) Medical records which are included in a member's or annuitant's file maintained by\nthe Teachers' Retirement Syste m are confidential and shall not be released unless\nauthorized by the member or annuitant in writing or as otherwise provided by law\nor in response to a lawful subpoena or order issued by a court of law. A member\nappealing the denial of a disability retire ment application and his or her legal\ncounsel shall be entitled to all written recommendations and reports submitted by\nthe medical review committee to the Teachers' Retirement System under KRS\n161.661(14). Such recommendations and reports shall otherwise be maintained in a\nconfidential manner and shall not be subject to release under any conditions,\nincluding in response to a subpoena or order issued by a court of law\nnotwithstanding any other statute to the contrary.\n(4) (a) When a subpoena is served upon  any employee of the Kentucky Teachers'\nRetirement System requiring the production of any data, information, or\nrecords, it is sufficient if the employee of the Kentucky Teachers' Retirement\nSystem charged with the responsibility of being custodian of the original, or\nhis or her designated staff, delivers either of the following:\n1. Legible and durable copies of records certified by the employee or\ndesignated staff; or\n2. An affidavit stating the information required by the subpoena.\n(b) The production of r ecords or an affidavit shall be in lieu of any personal\ntestimony of any employee of the Kentucky Teachers' Retirement System\nunless, after the production of records or an affidavit, a separate subpoena is\nserved upon the retirement system specifically dir ecting the testimony of an\nemployee of the retirement system. When a subpoena is served on any\nemployee of the retirement system requiring the employee to give testimony\nor produce records for any purpose, in the absence of a court order requiring\nthe testimony of or production of records by a specific employee, the system\nmay designate an employee to give testimony or produce records upon the\nmatter referred to in the subpoena. The board of trustees may promulgate an\nadministrative regulation for the recov ery of reasonable travel and\nadministrative expenses for those occasions when an employee of the\nretirement system is required to travel from his or her home or office to\nprovide testimony or records. Recoverable expenses may include the travel\nexpenses, wages, salary, and overtime paid to the employee by the retirement\nsystem for the period of time that the employee is away from the office. The\ncost of these expenses shall be borne by the party issuing the subpoena\ncompelling the employee's travel. The boa rd of trustees may also promulgate\nan administrative regulation establishing a reasonable fee for the copying,\ncompiling, and mailing of requested records.\n(c) The certification required by this subsection shall be signed before a notary\npublic by the empl oyee and shall include the full name of the member or\nannuitant, the last four digits of the Social Security number of the member or\nannuitant, and a legend substantially to the following effect: \"The records are\ntrue and complete reproductions of the orig inal, microfiched, or electronically\nstored records which are housed in the retirement system's office. This\ncertification is given in lieu of the undersigned's personal appearance.\"\n(d) When the affidavit or copies of records are delivered to a requesting  party for\nuse in deposition they shall, after termination of the deposition, be delivered\nby the requesting party personally or by certified mail to the clerk of the court\nor other body before which the action or proceeding is pending.\n(e) Upon completion of delivery by the retirement system of copies of records by\ntheir deposit in the mail or by their personal delivery to the requesting party,\nthe retirement system shall cease to have any responsibility or liability for the\nrecords and their continued maintenance in a confidential manner.\n(f) Records of the Kentucky Teachers' Retirement System that are susceptible to\nreproduction may be proved as to foundation, identity, and authenticity\nwithout preliminary testimony, by use of legible and durable copies, certified\nin accordance with the provisions of this subsection.\n(g) The provisions of this subsection shall not be construed to prohibit the\nKentucky Teachers' Retirement System from asserting any exemption,\nexception, or relief provided under the Kentucky  Rules of Civil Procedure or\nother applicable law.\n(5) For purposes of this section, \"records\" includes retirement estimates, affidavits, and\nother documents prepared by or in the possession of the Kentucky Teachers'\nRetirement System in response to inform ation requested in a lawful subpoena or\norder issued by a court of law.","path":["KRS Chapter 161"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56064","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:11Z","sha256":"d31c39dfc3c5af751f23ce63ec2130191ff68b98bd2a186b2a9664de29ba216e","source_id":"us-ky","stale":false,"prev":"us-ky/krs-161.580","next":"us-ky/krs-161.590"},"notice":"GroundRules: Original legal text. Not legal advice."}