{"data":{"id":"us-ky/krs-61.435","jurisdiction":"us-ky","citation":"KRS 61.435","heading":"Referendum on coverage under agreement -- Separate system for state","body":"colleges.\n(1) In order for any service performed by an employee in a position covered by a\nretirement system to be included in an agreement as permitted by KRS 61.430, a\nreferendum pursuant to Section 218(d)(3) or 218(d)(7) of the Social Security Act\nshall be held on the question of whether the service covered by the retirement\nsystem should be included in the agreement. The procedure for obtaining the vote of\nthe members of the retirement systems shall be as follows:\n(a) Upon request of the political subdivision concerned, the Governor shall\nauthorize a referendum within the retirement system concerned and designate\nan agency or individual to supervise the manner of conducting it;\n(b) Any referendum shall be conducted in accordance with the requirements of\nSection 218(d)(3) or 218(d)(7) of the Social Security Act;\n(c) In the case of a referendum authorized under Section 218(d)(6) of the Social\nSecurity Act, the retirement system will be divided into two (2) parts or\ndivisions. One (1) part or division of the retirement system shall be composed\nof positions of those members of the system who desire coverage under the\nagreement as permitted by KRS 61.430. The remaining part or division of t he\nretirement system shall be composed of positions of those members who do\nnot desire coverage under such an agreement. Each part or division shall be\ndeemed to be a separate retirement system for the purposes of Section 218(d)\nof the Social Security Act. The positions of individuals who become members\nof the system after such coverage is extended shall be included in the part or\ndivision of the system composed of members desiring the coverage, with the\nexception of positions that are excluded in the agreement.\n(2) Upon receiving satisfactory evidence that the conditions specified in this section\nand Section 218(d)(3) or 218(d)(7) of the Social Security Act have been fulfilled,\nthe Governor or any agency or individual designated by the Governor shall so\ncertify to the commissioner.\n(3) For purposes of this section, in any case where a retirement system covers the\nemployees of two (2) or more political subdivisions, or of the Commonwealth and\none (1) or more political subdivisions, there are deemed to exist s eparate retirement\nsystems with respect to the Commonwealth or each political subdivision. Also for\npurposes of this section, where a retirement system covers the employees of one (1)\nor more of the state universities or of one (1) or more of the public ju nior colleges\nor of any combination of state universities, there shall be deemed to exist separate\nretirement systems with respect to each state university and each public junior\ncollege.","path":["KRS Chapter 61"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=22947","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:14Z","sha256":"f57923f2efa1018d87b2b7ccdd6c1346b54a73d04a586d2cd10019765470bda8","source_id":"us-ky","stale":false,"prev":"us-ky/krs-61.430","next":"us-ky/krs-61.440"},"notice":"GroundRules: Original legal text. Not legal advice."}