August 7, 2019

Reemployment of Retired Police Officers

In 2016, KRS 95.022 was amended to provide 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 that 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 employer 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 Kentucky Retirement System (KRS) has several forms that must be completed with each rehire. KRS requires that the city recertify the positions annually and that failure to do so before hiring (or rehiring) could result in the city being responsible for payment of employer retirement contributions and any required insurance reimbursements. Cities should review the information KRS has provided on the restrictions, qualifications and the required forms for cities that hire or currently have hired retired sworn police officers or state troopers. That information is located here.

For a sample one-year agreement or for any questions on rehiring retired police officers, contact Andrea Shindlebower Main, Personnel Services Manager or Courtney Risk Straw, Personnel Services Attorney at 800.876.4552.