102 KAR 1:310 - Benefit eligibility conditions for members providing part-time and substitute services
RELATES TO: KRS 161.470(6), 161.500, 161.520, 161.620, 161.655, 161.661, 161.663
NECESSITY, FUNCTION AND CONFORMITY: KRS 161.310 requires the Board of Trustees of the Kentucky Teachers' Retirement System to promulgate administrative regulations for the administration of the funds of the retirement system and for the transaction of business. KRS 161.612(2) requires the board to adopt eligibility conditions pursuant to which members providing part-time or substitute services may participate in the benefits provided pursuant to KRS 161.520, 161.655, 161.661, and 161.663. This administrative regulation establishes eligibility conditions for members providing part-time or substitute services.
Section
1. A member who provides part-time or substitute teaching services
and who has never been an annuitant of the retirement system shall be eligible
to apply for disability retirement benefits provided pursuant to
KRS
161.661 and
161.663,
and his or her beneficiary and any survivor eligible to apply for life
insurance benefits provided pursuant to
KRS
161.655 and survivor benefits provided
pursuant to
KRS
161.520, only if the member meets the
eligibility conditions established in this section.
(1) The member shall have completed at least
sixty-nine (69) percent of a full contract year that would be completed by a
member employed on a full-time basis in the same position in order to become
eligible to apply for disability retirement, and for his or her beneficiary or
any survivor to be eligible to apply for life insurance and survivor benefits.
Employment shall be in a position from which contributions were made to
Kentucky Teachers' Retirement System.
(2) If the position does not provide for
full-time employment, the member shall be required to complete at least
sixty-nine (69) percent of the normal school calendar for a certified,
full-time teacher in the school district in which the member is employed.
Full-time employment shall not require less than the normal school calendar for
a certified, full-time teacher in the district in which the member is
employed.
(3) The member shall be
accredited days by adding his or her total number of hours worked in one (1)
fiscal year and dividing that number by the number of hours that are required
pursuant to a normal, full-time contract to calculate the number of full-time
days. If this calculation results in a fractional number of days, the number
shall be rounded down to the next whole number of days.
(4) A member who is employed in more than one
(1) school district in the same fiscal year shall be required to complete a
number of days at least equal to sixty-nine (69) percent of the school calendar
in the district requiring the greatest number of days.
(5) Once the requisite number of days or
equivalent days are worked for one (1) fiscal year, the member shall be
eligible to apply for disability retirement, and his or her beneficiary and any
survivor shall be eligible to apply for life insurance and survivor benefits,
through the end of the next fiscal year immediately succeeding the fiscal year
in which the eligibility conditions are met.
(6) For a member with less than five (5)
years of active service in a position participating in the retirement system,
the disabling condition or death shall be the result of a single, traumatic,
physical injury directly related to his or her Kentucky Teachers' Retirement
System-covered employment in order to be eligible to apply for disability
retirement, and for his or her beneficiary or any survivor to be eligible to
apply for life insurance and survivor benefits.
(7) A member with less than five (5) years of
service credit in Kentucky Teachers' Retirement System, who has service credit
in Kentucky Retirement Systems, shall not be eligible to apply for disability
retirement and shall be eligible only for a refund on his or her account
pursuant to
KRS
161.470(6), unless the
member experiences a disabling condition as a result of the conditions required
by subsection (6) of this section.
Section 2. A member who is employed part-time
in a nonteaching position that requires certification or a four (4) year degree
and who has never been an annuitant of the retirement system shall be eligible
to apply for disability retirement benefits provided pursuant to
KRS
161.661 and
161.663,
and his or her beneficiary or any survivor eligible to apply for life insurance
benefits provided pursuant to
KRS
161.655 and survivor benefits provided
pursuant to
KRS
161.520, only if the member meets the
eligibility conditions established in this section.
(1) The member shall have completed at least
sixty-nine (69) percent of the number of days required for full-time employment
in the position in order to become eligible to apply for disability retirement,
and for his or her beneficiary and any survivor to be eligible to apply for
life insurance and survivor benefits. Employment shall be in a position from
which contributions were made to Kentucky Teachers' Retirement
System.
(2) If the position does
not provide for full-time employment, the member shall be required to complete
at least sixty-nine (69) percent of a normal full-time contract of 260 days in
order to meet the eligibility conditions established in this administrative
regulation. Full-time employment shall not require less than 220 working
days.
(3) The member shall be
accredited days by adding his or her total number of hours worked in one (1)
fiscal year and dividing that number by the number of hours that are required
pursuant to a typical, full-time contract to extrapolate the number of
full-time days. If this calculation results in a fractional number of days, the
number shall be rounded down to the next whole number of days.
(4) A member who is employed by more than one
(1) employer in the same fiscal year shall be required to complete a number of
days at least equivalent to sixty-nine (69) percent of the number days in the
full-time position of the employer requiring the greatest number of worked
days.
(5) Once the requisite number
of days or equivalent days are worked for one (1) fiscal year, the member shall
be eligible to apply for disability retirement, and his or her beneficiary or
any survivor shall be eligible to apply for life insurance and survivor
benefits, through the end of the next fiscal year immediately succeeding the
fiscal year in which the eligibility conditions are met.
(6) For a member with less than five (5)
years of active service in a position participating in the retirement system,
the disabling condition or death shall be the result of a single, traumatic,
physical injury directly related to his or her Kentucky Teachers' Retirement
System-covered employment in order to be eligible to apply for disability
retirement, and for his or her beneficiary or any survivor to be eligible to
apply for life insurance and survivor benefits.
(7) A member with less than five (5) years of
service credit in Kentucky Teachers' Retirement System, who has service credit
in Kentucky Retirement Systems, shall not be eligible to apply for disability
retirement benefits and shall be eligible only for a refund of his or her
account pursuant to the conditions of
KRS
161.470(6), unless the
member experiences a disabling condition as a result of the conditions required
in subsection (6) of this section.
Notes
STATUTORY AUTHORITY: KRS 161.310, 161.612
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