{"data":{"id":"us-ky/krs-78.5520","jurisdiction":"us-ky","citation":"KRS 78.5520","heading":"Retirement of persons working in hazardous positions.","body":"(1) For purposes of this section:\n(a) \"Hazardous  position\" for employees  who  began  participating in the\nCounty  Employees  Retirement System  prior to September  1, 2008,\nmeans  any  position whose  principal duties involve active law\nenforcement, including the positions of probation and parole officer, active\nfire suppression or prevention, correctional officers with duties that\nroutinely and regularly require face-to-face contact with inmates, or other\npositions, including but not limited to paramedics and emergency medical\ntechnicians, with duties that require frequent exposure to a high degree of\ndanger or peril and also require a high degree of physical conditioning;\nand\n(b) \"Hazardous position\" for employees who begin participating in the County\nEmployees  Retirement System on or after September 1, 2008, means\npolice officers and firefighters as defined in KRS  61.315(1), paramedics,\ncorrectional officers with duties that routinely and  regularly require\nface-to-face contact with inmates, and emergency medical technicians, if:\n1. The  employee's duties require frequent exposure to a high degree\nof danger or peril and a high degree of physical conditioning; and\n2. The employee's duties are not primarily clerical or administrative.\n(2) (a) Each  employer may request of the board hazardous coverage for those\npositions as defined in subsection (1) of this section. Upon request, each\nemployer shall certify to the system, in the manner prescribed by the\nboard, the names  of all employees working in a hazardous position as\ndefined in subsection (1) of this section for which coverage is requested.\nThe  certification of the employer shall bear the approval of the agent or\nagency  responsible for the budget of the employer indicating that the\nrequired employer contributions have been provided for in the budget of\nthe employer. The system shall determine whether the employees whose\nnames  have been certified by the employer are working in positions\nmeeting the definition of a hazardous position as provided by subsection\n(1) of this section.\n(b) Each  employer shall also certify, under penalty of perjury in accordance\nwith KRS  Chapter 523, that each employee's actual job duties are\naccurately reflected in the job description provided to the system. The\nsystem shall determine whether the employees whose names have been\ncertified by the employer are working in positions meeting the definition of\na hazardous position as defined in subsection (1) of this section.\n(c) The  board shall have the authority to remove  any employee  from\nhazardous coverage if the board determines the employee is not working\nin a hazardous position or if the employee is classified in a hazardous\nposition but has individual job duties that do not meet the definition of a\nhazardous position or are not accurately reflected in the job descriptions\nfiled by the employer with the system.\n(3) (a) If the employer participated in the system prior to electing hazardous\ncoverage, the employer may pay to the system the cost of converting the\nnonhazardous service to hazardous service from the date of participation\nto the date the payment is made, or the employer may  establish a\npayment schedule for payment of the cost of the hazardous service above\nthat which would be funded within the existing employer contribution rate.\nThe employer may extend the payment schedule to a maximum  of thirty\n(30) years. Payments made  by the employer under this subsection shall\nbe deposited to the retirement allowance account of the proper retirement\nor  retiree health fund and  shall not be  considered accumulated\ncontributions of the individual members.\n(b) If the employer elects not to make the additional payment as provided by\nparagraph (a) of this subsection, the employee may  pay the cost of\nconverting the service and provide payment for the cost as provided by\nKRS  61.552(9). Payments made  by the employee under this subsection\nshall not be picked up, as described in KRS 78.610(4), by the employer.\n(c) If neither the employer nor employee makes  the payment, the service\nprior to hazardous position coverage shall remain nonhazardous.\n(d) The provisions of this subsection shall not apply to members  who begin\nparticipating in the system on or after January 1, 2014.\n(4) Any  person employed in a hazardous position shall be required to undergo a\nthorough medical examination by a licensed physician, and a copy of the\nmedical report of the physician shall be retained on file by the person's\nemployer and made available to the system upon request.\n(5) If doubt exists regarding the benefits payable to a hazardous position\nemployee  under this section, the board shall determine the benefits payable\nunder KRS 78.510 to 78.852.","path":["KRS Chapter 78"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50778","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:38Z","sha256":"2cbb9e092f705d34a00b69782c5c22ee46739a637ca11f3d684cde459d62722e","source_id":"us-ky","stale":false,"prev":"us-ky/krs-78.5518","next":"us-ky/krs-78.5522"},"notice":"GroundRules: Original legal text. Not legal advice."}