{"data":{"id":"us-ky/krs-61.661","jurisdiction":"us-ky","citation":"KRS 61.661","heading":"Member's  account confidential -- Release of certain information from","body":"accounts of current or former legislators -- Response  to subpoenas.\n(1) (a) Each  current, former, or retired member's account shall be administered\nin a confidential manner, and specific data regarding a current, former, or\nretired member  shall not be released for publication, except that:\n1. The  member  or recipient may  authorize the release of his or her\naccount information;\n2. The  Kentucky Public Pensions Authority may  release account\ninformation to the employer or to other state and federal agencies as\nit deems  necessary or in response to a lawful subpoena or order\nissued by a court of law, except that the Kentucky Public Pensions\nAuthority shall be required to release account information to the\nemployer as required by KRS 61.565(1)(d)1.b.; or\n3. a. Upon  request by any person, the systems shall release the\nfollowing information from the accounts of any member  or\nretired member  of the Kentucky  Employees  Retirement\nSystem,  the County Employees  Retirement System, or the\nState Police Retirement System, if the member  or retired\nmember  is a current or former officeholder in the Kentucky\nGeneral Assembly:\ni. The first and last name of the member  or retired member;\nii. The  system or systems in which the member  has an\naccount or from which the retired member  is receiving a\nmonthly retirement allowance;\niii. The  status of the member  or retired member, including\nbut not limited to whether he or she is a contributing\nmember,  a member  who is not currently contributing to\nthe systems but has not retired, a retired member, or a\nretired member  who  has returned to work following\nretirement with an agency participating in the systems;\niv. If the individual is a  retired member,  the monthly\nretirement allowance that he or she was receiving at the\nend of the most recently completed fiscal year;\nv. If the individual is a member  who has not yet retired, the\nestimated monthly retirement allowance that he or she is\neligible to receive at his or her normal retirement date\nbased upon his or her service credit, final compensation,\nand accumulated account balance at the end of the most\nrecently completed fiscal year; and\nvi. The current employer or last participating employer of the\nmember  or retired member, if applicable.\nb. No  information shall be disclosed under this subparagraph\nfrom an account that is paying benefits to a beneficiary due to\nthe death of a member  or retired member.\n(b) A current, former, or retired member's account shall be exempt from the\nprovisions of KRS 171.410 to 171.990.\n(c) The release of information under paragraph (a)3. of this subsection shall\nnot constitute a violation of the Open Records Act, KRS 61.870 to 61.884.\n(2) (a) When  a subpoena  is served upon  any employee  of the Kentucky\nRetirement Systems, the County Employees Retirement System, or the\nKentucky Public Pensions Authority, requiring production of any specific\ndata regarding a current, former, or retired member, it is sufficient if the\nemployee  of the Kentucky Public Pensions Authority charged with the\nresponsibility of being custodian of the original delivers within five (5)\nworking days, by certified mail or by personal delivery, legible and durable\ncopies of records, certified by the employee, or an affidavit stating the\ninformation required by the subpoena  to the person specified in the\nsubpoena. The production of documents or an affidavit shall be in lieu of\nany  personal testimony of any employee of the Kentucky Retirement\nSystems, the County Employees  Retirement System, or the Kentucky\nPublic Pensions Authority, unless, after the production of documents or\naffidavit, a separate subpoena  is served upon  the systems or the\nAuthority specifically directing the testimony of an employee  of the\nsystems or of the Authority. When  a subpoena is served on any employee\nof the systems or of the Authority requiring the employee  to give\ndeposition for any purpose, in the absence of a court order requiring the\ndeposition of a specific employee, the systems or the Authority may\ndesignate an employee to be deposed upon the matter referred to in the\nsubpoena.\n(b) The  certification required by this subsection shall be signed before a\nnotary public by the employee and shall include the full name  of the\nmember  or recipient, the member's or recipient's Social Security number,\nand a legend substantially to the following effect: \"The records are true\nand complete reproductions of the original or microfiched records which\nare housed in the retirement systems office. This certification is given in\nlieu of his or her personal appearance.\"\n(c) When  an affidavit or copies of records are personally delivered, a receipt\nshall be presented to the person receiving the records for his or her\nsignature and shall be immediately signed and returned to the person\ndelivering the records. When  an affidavit or copies of records are sent via\ncertified mail, the receipt used by the postal authorities shall be sufficient\nto prove delivery and receipt of the affidavit or copies of records.\n(d) When  the affidavit or copies of records are delivered to a party for use in\ndeposition, they shall, after termination of the deposition, be delivered\npersonally or by certified mail to the clerk of the court or other body before\nwhich the action or proceeding is pending. It shall be the responsibility of\nthe party or attorney to transmit the receipt obtained to the employee of\nthe Kentucky Public Pensions Authority charged with responsibility of\nbeing custodian of the original. Upon issuance of a final order terminating\nthe case and after the normal retention period for court records expires,\nthe affidavit or copies of records shall be permanently disposed of by the\nclerk in a manner  that protects the confidentiality of the information\ncontained therein.\n(e) Records of the Kentucky Public Pensions Authority that are susceptible to\nphotostatic reproduction may  be proved as to foundation, identity, and\nauthenticity without any preliminary testimony, by use of legible and\ndurable copies, certified in accordance with the provisions of this\nsubsection.","path":["KRS Chapter 61"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52267","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:15Z","sha256":"75e32c510cfdbe44e569da726e5fead60ea49a34666a52bf09ea23f2e9cdb9e0","source_id":"us-ky","stale":false,"prev":"us-ky/krs-61.660","next":"us-ky/krs-61.663"},"notice":"GroundRules: Original legal text. Not legal advice."}