Kentucky HB 589: AN ACT relating to coverage for cranial conditions.

Bill Text

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AN ACT relating to retired emergency personnel. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 65 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Employer" means: 6
1. Any incorporated city, consolidated local government, unified local 7
government, urban-county government, or charter county government 8
operating under the laws of this Commonwealth, and the offices and 9
agencies thereof; or 10
2. A fire protection district organized under KRS Chapter 75; and 11
(b) "Firefighter" means any member of a paid: 12
1. Municipal fire department organized under KRS Chapter 67A, 67C, or 13
95; or 14
2. Fire protection district organized under KRS Chapter 75. 15
(2) Subject to the limitations in subsection (7) of this section, an employer may 16
employ individuals as firefighters under this section who have retired from the 17
Kentucky Employees Retirement System, the County Employees Retirement 18
System, or the State Police Retirement System. 19
(3) To be eligible for employment under this section, an individual shall have: 20
(a) Participated in the Firefighters Foundation Program fund under KRS 21
95A.200 to 95A.300, or retired as a firefighter under KRS Chapter 95; 22
(b) Retired with at least twenty (20) years of service credit; 23
(c) Been separated from service for the period required in KRS 61.637 and 24
78.5540 so that the member's retirement is not voided; 25
(d) Retired with no administrative charges pending; 26
(e) Retired with no preexisting agreement between the individual and the 27

UNOFFICIAL COPY 26 RS HB 589/GA
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employer prior to the individual's retirement for the individual to return to 1
work for the employer; and 2
(f) Successfully completed a Candidate Physical Ability Test (CPAT) prior to 3
reemployment if the individual has not served as a firefighter for one (1) 4
year or more as of the date of reemployment. 5
(4) Individuals employed under this section shall: 6
(a) Be employed for a period not to exceed one (1) year. The one (1) year 7
employment period may be renewed annually at the discretion of the 8
employer; 9
(b) Receive compensation according to the standard procedures applicable to 10
the employer; and 11
(c) Be employed based upon need as determined by the employer. 12
(5) Notwithstanding any provisions of KRS 16.505 to 16.652, 18A.225 to 18A.2287, 13
61.510 to 61.705, or 78.510 to 78.852 to the contrary: 14
(a) Individuals employed under this section shall continue to receive all 15
retirement and health insurance benefits to which they were entitled upon 16
retiring in the applicable system administered by Kentucky Retirement 17
Systems or the County Employees Retirement System; 18
(b) Except as provided in paragraph (e) of this subsection, individuals employed 19
under this section shall not be eligible to receive health insurance coverage 20
through the employer; 21
(c) The employer shall pay the employer's normal cost contribution as defined 22
by KRS 78.635 on any firefighter employed in a regular full-time position as 23
defined by KRS 78.510, but shall not pay any other employer contributions 24
or retiree health expense reimbursements to the Kentucky Retirement 25
Systems or County Employees Retirement System required by KRS 26
61.637(17) or 78.5540(4) for individuals employed under this section; 27

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(d) Except as provided in paragraph (e) of this subsection, the employer shall 1
not pay any insurance contributions to the Kentucky Employees Health 2
Plan as provided by KRS 18A.225 to 18A.2287 for individuals employed 3
under this section; and 4
(e) The legislative body of the employer may by legislative action provide or 5
authorize provision of health insurance coverage for individuals employed 6
under this section, subject to the terms and conditions established by the 7
employer. 8
(6) Individuals employed under this section shall be subject to any merit system, civil 9
service, or other legislative due process provisions applicable to the employer. A 10
decision not to renew a one (1) year employment term under this section shall not 11
be considered a disciplinary action or deprivation subject to due process. 12
(7) An employer shall be limited in the number of retired firefighters that it may 13
employ under this section as follows: 14
(a) An employer that employed an average of five (5) or fewer firefighters over 15
the course of the immediately preceding calendar year shall not be limited 16
in the number of firefighters that it may employ under this section; 17
(b) An employer that employed an average of more than five (5) but fewer than 18
one hundred (100) firefighters over the course of the immediately preceding 19
calendar y