Section 95.022 - Employment of retired police officers(1) As used in this section: (a) "City" means any incorporated city, consolidated local government, unified local government, urban-county government, or charter county government, operating under the law of this Commonwealth, and the offices and agencies thereof; and(b) "Police officer" has the same meaning as "police officer" in KRS 15.420 and as "officer" in KRS 16.010.(2) Subject to the limitations of subsection (7) of this section, a city may employ individuals as police officers under this section who have retired from the Kentucky Employees Retirement System, the County Employees Retirement System, or the State Police Retirement System.(3) To be eligible for employment under this section, an individual shall have: (a) Participated in the Law Enforcement Foundation Program fund under KRS 15.410 to 15.510 or retired as a commissioned officer pursuant to KRS Chapter 16;(b) Retired with at least twenty (20) years of service credit;(c) Been separated from service for the period required by KRS 61.637 and 78.5540 so that the member's retirement is not voided;(d) Retired with no administrative charges pending; and(e) Retired with no preexisting agreement between the individual and the city prior to the individual's retirement for the individual to return to work for the city.(4) Individuals employed under this section shall:(a) Serve for a term not to exceed one (1) year. The one (1) year employment term may be renewed annually at the discretion of the employing city;(b) Receive compensation according to the standard procedures applicable to the employing city; and(c) Be employed based upon need as determined by the employing city.(5) Notwithstanding any provisions of KRS 16.505 to 16.652, 18A.225 to 18A.2287, 61.510 to 61.705, or 78.510 to 78.852 to the contrary: (a) Individuals employed under this section shall continue to receive all retirement and health insurance benefits to which they were entitled upon retiring in the applicable system administered by Kentucky Retirement Systems or the County Employees Retirement System;(b) Individuals employed under this section shall not be eligible to receive health insurance coverage through the employing city;(c) The city shall not pay any employer contributions or retiree health expense reimbursements to the Kentucky Retirement Systems required by KRS 61.637 for individuals employed under this section; and(d) The city shall not pay any insurance contributions to the state health insurance plan, as provided by KRS 18A.225 to 18A.2287, for individuals employed under this section.(6) Individuals employed under this section shall be subject to any merit system, civil service, or other legislative due process provisions applicable to the employing city. A decision not to renew a one (1) year appointment term under this section shall not be considered a disciplinary action or deprivation subject to due process.(7) A city government shall be limited in the number of retired police officers that it may hire under this section as follows:(a) A city government that employed an average of five (5) or fewer police officers over the course of the immediately preceding calendar year shall not be limited in the number of officers that they may hire under this section;(b) A city government that employed an average of more than five (5) but fewer than one hundred (100) police officers over the course of the immediately preceding calendar year shall not hire more than five (5) police officers or a number equal to twenty-five percent (25%) of the police officers employed by the city in the immediately preceding calendar year, whichever is greater; and(c) A city government that employed an average of one hundred (100) or more police officers over the course of calendar year 2015 shall not hire more than twenty-five (25) police officers or a number equal to ten percent (10%) of the police officers employed by the city in the immediately preceding calendar year, whichever is greater.(8) Retired police officers employed by a city government for purposes of KRS 158.4414 shall not apply against the limitations provided by subsection (7) of this section.Effective: April 1, 2021
Amended 2021 Ky. Acts ch. 102, sec. 81, effective April 1, 2021. -- Amended 2020 Ky. Acts ch. 79, sec. 41, effective April 1, 2021; and ch. 121, sec. 9, effective July 15, 2020. -- Created 2016 Ky. Acts ch. 78, sec. 1, effective July 15, 2016.
Amended by 2022 Ky. Acts ch. 191,§ 3, eff. 7/13/2022.Amended by 2022 Ky. Acts ch. 191,§ 3, eff. 7/13/2022.Amended by 2021 Ky. Acts ch. 102,§ 81, eff. 4/1/2021.Amended by 2020 Ky. Acts ch. 79,§ 41, eff. 4/1/2021.Amended by 2020 Ky. Acts ch. 121,§ 9, eff. 7/14/2020.Added by 2016 Ky. Acts ch. 78,§ 1, eff. 7/14/2016.