Kentucky Revised Statutes

Ky. Rev. Stat. § 61.520 (2026)

Participation determined by board and fixed by executive order --

✓ current as of May 2026

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Authority for order.

(1) Each department determined by the board to be eligible and qualified for participation shall participate in the system when the Governor by appropriate executive order, the authority to issue such executive order being granted, directs such department to participate in the system. The effective date of such participation shall be determined by the board and fixed by the Governor in his executive order.

(2) (a) Notwithstanding the provisions of subsection (1) of this section, the Governor is authorized to permit any state college or university, which he directs by appropriate executive order to participate in the system after January 1, 1972, to include its noninstructional employees in the membership of the system while excluding the instructional employees of the state college or university from membership.

(b) All employees of an agency participating under authority of paragraph (a) of this subsection shall be considered noninstructional employees except the members of the instructional staff as defined in KRS 61.510.

(3) All executive orders issued under authority of this section since July 1, 1956, are hereby ratified by the General Assembly and each participating and contributing department, board, agency, corporation, board for mental health or individuals with an intellectual disability, or entity participating since that date under such executive order is hereby declared to be a participating department under the Kentucky Employees Retirement System.

(4) Except as provided by KRS 61.522:

(a) Once a department participates it shall continue to participate as long as it remains qualified; and

(b) Any position initially required to participate in the Kentucky Employees Retirement System shall continue to participate as long as the position exists. Effective:April 14, 2022 History: Amended 2022 Ky. Acts ch. 216, sec. 5, effective April 14, 2022. -- Amended 2015 Ky. Acts ch. 28, sec. 3, effective June 24, 2015. -- Amended 2012 Ky. Acts ch. 146, sec. 7, effective July 12, 2012. -- Amended 2003 Ky. Acts ch. 169, sec. 6, effective March 31, 2003. -- Amended 2000 Ky. Acts ch. 385, sec. 10, effective July 14, 2000. -- Amended 1974 Ky. Acts ch. 128, sec. 13, effective March 26, 1974. -- Amended 1972 Ky. Acts ch. 116, sec. 21. -- Amended 1966 Ky. Acts ch. 35, sec. 2. -- Amended 1960 Ky. Acts ch. 165, Part II, sec. 2. -- Created 1956 Ky. Acts ch. 110, sec. 3.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2010–2021 · leading case: Kentucky Employees Ret. Sys. v. Seven Counties Servs., Inc. (In re Seven Counties Servs., Inc.), 511 B.R. 431 (Bankr. W.D. Ky. 2014).

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Kentucky Employees Ret. Sys. v. Seven Counties Servs., Inc. (In re Seven Counties Servs., Inc.), 511 B.R. 431 (Bankr. W.D. Ky. 2014). · cites it 7× “§ 61.520. KERS also has the authority to conduct an audit of the employing department at any time pursuant to K.”

Ky. Emps. Ret. Sys. v. Seven Counties Servs., Inc., 901 F.3d 718 (6th Cir. 2018). “Ky. Rev. Stat. § 61.520(1), (4)(a). From at least that time-and perhaps for a few years before-KERS has required documentation from new employers seeking to join the System that proves their status as a governmental entity.”

Kentucky Ret. Sys. v. Foster, 338 S.W.3d 788 (Ky. Ct. App. 2010). “In this regard, the circuit court did not grant Foster any relief beyond what she requested when it found in her favor and held, explicitly: “[Foster] is declared eligible to purchase twenty-three (23) months of service credit from [KERS] for her work as an instructor at UK.”…”

Kentucky Employees Ret. Sys. v. Seven Counties Servs., Inc. (Ky. 2019). · cites it 15× “In 1956, newly enacted KRS 61.520 provided: “Each department will participate in the system when the Governor by appropriate executive order, the authority to issue such executive order being hereby granted, permits such department to participate in the system.”

Kentucky Ret. Sys. by & Through the Bd. of Trs. of The v. W. Kentucky Univ. (Ky. Ct. App. 2021). · cites it 2× “Systems argues that WKU’s actions also violated KRS 61.520 and KRS 61.522, which require participating departments to collect and remit KERS contributions for their employees.”

— Ky. Rev. Stat. § 61.520(1) — 3 cases

Kentucky Employees Ret. Sys. v. Seven Counties Servs., Inc. (In re Seven Counties Servs., Inc.), 511 B.R. 431 (Bankr. W.D. Ky. 2014). “§ 61.520. KERS also has the authority to conduct an audit of the employing department at any time pursuant to K.”

Kentucky Employees Ret. Sys. v. Seven Counties Servs., Inc. (Ky. 2019). “In 1956, newly enacted KRS 61.520 provided: “Each department will participate in the system when the Governor by appropriate executive order, the authority to issue such executive order being hereby granted, permits such department to participate in the system.”

— Ky. Rev. Stat. § 61.520(4) — 2 cases

Kentucky Ret. Sys. by & Through the Bd. of Trs. of The v. W. Kentucky Univ. (Ky. Ct. App. 2021). “Systems argues that WKU’s actions also violated KRS 61.520 and KRS 61.522, which require participating departments to collect and remit KERS contributions for their employees.”

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