Reemployment of Retired Police Officers

The ability of our cities to rehire retired police officers has been a boon for many of our members to ensure the public safety of their citizens. However, the failure to file ALL of the required forms with The Kentucky Public Pensions Authority (KPPA) will result in your city facing some real and severe financial repercussions. KLC wants to provide this reminder about the steps that our cities must take to hire retired police.

KRS 95.022 provides that cities can hire qualified retired police officers without having to pay employer retirement contributions or insurance reimbursements that are normally due on retired members. For retired officers who qualify, this means they can continue to receive their retirement benefits, including retirement insurance benefits unless prohibited by law.

KRS 95.022 requires that the officer:

• Participated in the Kentucky Law Enforcement Foundation Program Fund (KLEFPF) under Kentucky Revised Statute 15.410-15.515 or retired as a commissioned officer pursuant to Kentucky Revised Statute Chapter 16; 
• The officer retired from KERS, CERS, or SPRS with at least 20 years of service credit; 
• The officer retired with no administrative charges pending; 
• The officer has met the separation of employment requirements found in Kentucky Revised Statute 61.637; and 
• The retired officer is accepting a position with a city for a term not to exceed one year.

KRS 95.022 limits the number of officers a city can hire under this statute based on the average number of officers that the city employed during the 2015 calendar year. The limits are as follows:

• Less than or equal to five, the city employer may hire an unlimited number of retired police officers; or
• Greater than five but less than or equal to 100, the city employer may hire up to five retired police officers or 25% of the average number of police officers employed by the city in calendar year 2015, whichever is greater; or
• Greater than 100, the city may hire up to 25 retired police officers or 10% of the average number of police officers employed by the city in calendar year 2015, whichever is greater.

In addition to the requirements in KRS 95.022, the KPPA has several forms that must be completed with each rehire. KLC cannot emphasize enough that ALL required forms must be filed, or the city will be faced with owing money to KPPA. KPPA takes a strict liability approach to its requirements. There is simply no argument for a city to make that “close enough is good enough.” Unless all the required forms are filed with the state, KPPA will require the payment of employer retirement contributions and any required insurance reimbursements. KPPA also requires that the city recertify the positions annually and that failure to do so before hiring (or rehiring) will also result in the city being responsible for payment of employer retirement contributions and any required insurance reimbursements. Cities should review the information KPPA has provided on the restrictions, qualifications, and required forms for cities that hire or currently have hired retired sworn police officers or state troopers. That information is located here. PLEASE review this form to make sure your city is compliant.

For a sample one-year agreement or any questions on rehiring retired police officers, contact KLC Personnel Services Managing Attorney Chris Johnson or Personnel Services Attorney Michael Simon.