{"data":{"id":"us-ky/krs-67a.406","jurisdiction":"us-ky","citation":"KRS 67A.406","heading":"Confidentiality of member's account records -- Exceptions -- Response to","body":"subpoena of records.\n(1) Each current, former, or retired member's account shall be administered in a\nconfidential manner, and specific data regarding a current, former, or retir ed\nmember shall not be released for publication unless authorized by the member.\nHowever, the board may release account information to the urban -county\ngovernment or to any other governmental agency as it deems necessary or in\nresponse to a lawful subpoena or order issued by a court of law.\n(2) A subpoena served upon the board that requires the production of any specific data\nregarding a current, former, or retired member is sufficient if the secretary of the\nboard delivers within five (5) working days, by certified mail or by personal\ndelivery, legible and durable copies of records, certified by the secretary, or an\naffidavit stating the information required by the subpoena. The production of\ndocuments or an affidavit shall be in lieu of any personal testim ony of the secretary\nunless, after the production of documents or affidavit, a separate subpoena is served\nupon the board specifically directing the testimony of the secretary.\n(3) The certification shall be signed before a notary public by the secretary a nd shall\ninclude the name of the member, the member's Social Security number, and a\nlegend substantially to the following effect: \"The records are true and complete\nreproductions of the original records which are housed in the board's office. This\ncertification is given by the undersigned in lieu of his or her personal appearance.\"\n(4) When an affidavit or copies of records are personally delivered, a receipt shall be\npresented to the person receiving the records for his or her signature and shall be\nimmediately signed and returned to the person delivering the records. When an\naffidavit or copies of records are sent via certified mail, the receipt used by the\npostal authorities shall be sufficient to prove delivery and receipt of the affidavit or\ncopies of records.\n(5) When the affidavit or copies of records are delivered to a party for use in a\ndeposition, they shall, after termination of the deposition, be delivered personally or\nby certified mail to the clerk of the court or other body before which the act ion or\nproceeding is pending. It shall be the responsibility of the party or attorney to\ntransmit the receipt obtained to the secretary of the board. Upon issuance of a final\norder terminating the case and after the normal retention period for court record s\nexpires, the affidavit or copies of records shall be permanently disposed of by the\nclerk in a manner that protects the confidentiality of the information contained\ntherein.\n(6) Records of the board that are susceptible to photostatic reproduction may be  proved\nas to foundation, identity, and authenticity without any preliminary testimony by use\nof legible and durable copies, certified in accordance with this section.","path":["KRS Chapter 67A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=23878","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:27Z","sha256":"299b214994ecf10c49cce8099d2f7e38cc10cc72d0c62335a404298d485f3813","source_id":"us-ky","stale":false,"prev":"us-ky/krs-67a.404","next":"us-ky/krs-67a.410"},"notice":"GroundRules: Original legal text. Not legal advice."}