{"data":{"id":"us-ky/krs-161.612","jurisdiction":"us-ky","citation":"KRS 161.612","heading":"Membership of individuals providing part -time and substitute services --","body":"Service credit -- Participation in benefits.\nEffective July 1, 2002, any individual occupying a position on a part -time basis that\nrequires certification or graduation f rom a four (4) year college or university as a\ncondition of employment and any individual providing part -time or substitute teaching\nservices that are the same or similar to those teaching services provided by certified, full -\ntime teachers shall be a membe r of the Teachers' Retirement System, according to the\nconditions and only to the extent set forth in this section, if the individual is employed by\none (1) of the public boards, institutions, or agencies set forth in KRS 161.220, excluding\nthose public bo ards, institutions, and agencies described in KRS 161.220(4)(b) and (n).\nMembers providing part -time and substitute services shall participate in the retirement\nsystem as follows:\n(1) Members providing part -time and substitute services shall accrue service  credit as\nprovided under KRS 161.500 and be entitled to a retirement allowance upon\nmeeting the service retirement conditions of KRS 161.600. The board of trustees\nshall adopt a methodology for accrediting service credit to these members on a pro\nrata basis. The methodology adopted by the board of trustees may be amended as\nnecessary to ensure its actuarial soundness. The retirement allowance for members\nproviding part -time and substitute services shall be calculated pursuant to KRS\n161.620 and 161.635 or 161.636, as applicable, except that the provisions of KRS\n161.620(3) shall not apply. Members providing part -time and substitute services\nwho meet the service retirement conditions of KRS 161.600 may also be eligible to\nparticipate as approved by the board  of trustees in the medical insurance program\nprovided by the retirement system under KRS 161.675. Members providing part -\ntime and substitute services shall make contributions to the Teachers' Retirement\nSystem at the rate provided under KRS 161.540. A mem ber who provides part-time\nor substitute services, or in the event of the death of the member, the member's\nestate or applicably designated beneficiary, will be entitled, within ninety (90) days\nof the posting of the annual report submitted by the member's  employer, to a refund\nof contributions as permitted and limited by KRS 161.470;\n(2) (a) 1. The board of trustees shall adopt eligibility conditions under which\nmembers providing part -time and substitute services may participate in\nthe benefits provided un der KRS 161.520, 161.655, 161.661, and\n161.663.\n2. For all disability retirement applications filed with the Teachers'\nRetirement System on or after July 1, 2021, disability retirement\npayments and any other recurring payments payable by any other state -\nadministered retirement system to members providing part -time or\nsubstitute services shall be applied to reduce, on a dollar -for-dollar\nbasis, the minimum monthly disability retirement allowance of five\nhundred dollars ($500) provided for under KRS 161.661(6).\n3. Effective July 1, 2021, members providing part -time or substitute\nservices shall not be eligible to apply for a disability retirement\nallowance if they are eligible for a service retirement allowance that is\nnot subject to an actuarial reduction req uired under KRS 161.600(1)(b)\nor (d).\n(b) The board of trustees may permit members providing part -time or substitute\nservices to participate in other benefits offered by the retirement system by\npromulgating administrative regulations that establish eligib ility conditions\nfor participation in these benefits. All eligibility conditions adopted by the\nboard of trustees pursuant to this subsection may be amended as necessary to\nensure their actuarial soundness;\n(3) In addition to the pro rata methodology adopted by the board of trustees under\nsubsection (1) of this section, members providing part -time and substitute services\nshall be subject to all limitations and conditions regarding the accrual, retention,\naccreditation, and use of service credit that apply to members providing full -time\nservices. In addition to the eligibility conditions set forth by the board of trustees\nunder subsection (2) of this section, members providing part -time and substitute\nservices shal l be subject to all limitations and conditions regarding both the\neligibility to participate and the extent of participation in any benefit offered under\nKRS 161.220 to 161.716 that apply to members providing full-time services;\n(4) Notwithstanding any oth er provisions of this section to the contrary, instructional\nassistants who provide teaching services in the local school districts on a full -time\nbasis in positions covered by the County Employees Retirement System who are\nused as substitute teachers on a n emergency basis for five (5) days or less during\nany one (1) fiscal year shall not be considered members of the Teachers' Retirement\nSystem during that period in which they are serving as substitute teachers for five\n(5) days or less;\n(5) The board of tr ustees may adopt a pro rata methodology to determine the annual\ncompensation of members providing part -time and substitute services in order to\ndetermine benefits provided under KRS 161.661 and 161.663. Members providing\npart-time and substitute services w ho had retirement contributions posted to their\naccounts during the previous fiscal year and who have not had those contributions\nrefunded to them are eligible to vote for the board of trustees;\n(6) The board of trustees of the Teachers' Retirement System shall be responsible for\nfinal determination of membership eligibility and may direct employers to take\nwhatever action that may be necessary to correct any error relating to membership;\nand\n(7) The provisions of this section are not subject to KRS 161.714.","path":["KRS Chapter 161"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=51821","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:11Z","sha256":"79de7224bf0aa8e1b129064efcf7f569e58df36eb29a5bda0b78c2ecacd3fd44","source_id":"us-ky","stale":false,"prev":"us-ky/krs-161.611","next":"us-ky/krs-161.614"},"notice":"GroundRules: Original legal text. Not legal advice."}