{"data":{"id":"us-ky/krs-78.852","jurisdiction":"us-ky","citation":"KRS 78.852","heading":"Benefits not to be reduced or impaired for members who began","body":"participating before January 1, 2014 -- Exceptions -- Amendment of benefits\nand rights -- Employers' funding responsibility -- Authority of board when\nemployer fails to meet funding requirements.\n(1) For members who begin participating in the County Employees Retirement System\nprior to January 1, 2014, it is hereby declared that in consideration of the\ncontributions by the members and in further consideration of benefits received by\nthe county from the member's employment, KRS 78.510 to 78.852 shall, except as\nprovided in KRS 6.696, constitute an inviolable contract of the Commonwealth, and\nthe benefits provided therein shall not be subject to reduction or impairment by\nalteration, amendment, or repeal.\n(2) (a) For members who begin participating in the County Employees Retirement\nSystem on or after January 1, 2014, the General Assembly reserves the right\nto amend, suspend, or reduce the benefits and rights provided under KRS\n78.510 to 78.852 if, in its judgment, the welfare of the Commonwealth so\ndemands, except that the amount of benefits the member has accrued at the\ntime of amendment, suspension, or reduction shall not be affected.\n(b) For purposes of this subsection, the amount  of benefits the member has\naccrued at the time of amendment, suspension, or reduction shall be limited to\nthe accumulated account balance the member has accrued at the time of\namendment, suspension, or reduction.\n(c) The provisions of this subsection shal l not be construed to limit the General\nAssembly's authority to change any other benefit or right specified by KRS\n78.510 to 78.852, except the benefits specified by paragraph (b) of this\nsubsection, for members who begin participating in the County Employ ees\nRetirement System on or after January 1, 2014.\n(3) The provisions of this section shall not be construed to limit the General Assembly's\nauthority to amend, reduce, or suspend the benefits and rights of members of the\nCounty Employees Retirement System  as provided by KRS 78.510 to 78.852 that\nthe General Assembly had the authority to amend, reduce, or suspend, prior to July\n1, 2013.\n(4) The responsibility for funding the provisions of KRS 78.510 to 78.852 shall be the\nresponsibility of the employers par ticipating in the County Employees Retirement\nSystem. For any employer failing to fund the requirements of KRS 78.510 to\n78.852, the board shall have the full authority under the law to:\n(a) Require the employer to involuntarily cease participating and pay  all costs for\nceasing participation as provided by KRS 78.535; or\n(b) Suspend benefit payments and refunds or to seek legal action as provided by\nKRS 78.625 for any employer failing to fund the requirements of KRS 78.510\nto 78.852.","path":["KRS Chapter 78"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54871","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:39Z","sha256":"64f5cec27ea5d1b65e29995f0834061ca011a3f2be1aa01cbc4d4768c1d127f9","source_id":"us-ky","stale":false,"prev":"us-ky/krs-78.851","next":"us-ky/krs-78.860"},"notice":"GroundRules: Original legal text. Not legal advice."}