Kentucky Revised Statutes

Ky. Rev. Stat. § 61.692 (2026)

Benefits not to be reduced or impaired for members who began

✓ current as of May 2026

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participating before January 1, 2014 -- Exceptions -- Amendment of benefits and rights. (1) For members who begin participating in the Kentucky Employees Retirement System prior to January 1, 2014, it is hereby declared that in consideration of the contributions by the members and in further consideration of benefits received by the state from the member's employment, KRS 61.510 to 61.705 shall, except as provided in KRS 6.696, constitute an inviolable contract of the Commonwealth, and the benefits provided therein shall not be subject to reduction or impairment by alteration, amendment, or repeal. (2) (a) For members who begin participating in the Kentucky Employees Retirement System on or after January 1, 2014, the General Assembly reserves the right to amend, suspend, or reduce the benefits and rights provided under KRS 61.510 to 61.705 if, in its judgment, the welfare of the Commonwealth so demands, except that the amount of benefits the member has accrued at the time of amendment, suspension, or reduction shall not be affected. (b) For purposes of this subsection, the amount of benefits the member has accrued at the time of amendment, suspension, or reduction shall be limited to the accumulated account balance the member has accrued at the time of amendment, suspension, or reduction. (c) The provisions of this subsection shall not be construed to limit the General Assembly's authority to change any other benefit or right specified by KRS 61.510 to 61.705, except the benefits specified by paragraph (b) of this subsection, for members who begin participating in the Kentucky Employees Retirement System on or after January 1, 2014. (3) The provisions of this section shall not be construed to limit the General Assembly's authority to amend, reduce, or suspend the benefits and rights of members of the Kentucky Employees Retirement System as provided by KRS 61.510 to 61.705 that the General Assembly had the authority to amend, reduce, or suspend, prior to July 1, 2013. Effective: July 15, 2024 History: Repealed, reenacted, and amended 2024 Ky. Acts ch. 55, sec. 16, effective July 15, 2024. -- Amended 2018 Ky. Acts ch. 107, sec. 33, effective July 14, 2018. -- Amended 2013 Ky. Acts ch. 120, sec. 70, effective July 1, 2013. -- Amended 1996 Ky. Acts ch. 167, sec. 21, effective July 15, 1996. -- Amended 1993 (1st Extra. Sess.) Ky. Acts ch. 4, sec. 78, effective September 16, 1993. -- Amended 1988 Ky. Acts ch. 349, sec. 29, effective July 15, 1988. -- Amended 1976 Ky. Acts ch. 321, sec. 40. -- Created 1972 Ky. Acts ch. 116, sec. 60. Legislative Research Commission Note (12/13/2018). On December 13, 2018, the Kentucky Supreme Court ruled that the passage of 2018 SB 151 (2018 Ky. Acts ch. 107), did not comply with the three-readings rule of Kentucky Constitution Section 46 and that the legislation is, therefore, constitutionally invalid and declared void. That ruling applies to changes made to this statute in that Act.

Notes of Decisions

Cited in 10 cases, 1995–2020 · leading case: Commonwealth v. Kentucky Ret. Sys., 396 S.W.3d 833 (Ky. 2013).

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Commonwealth v. Kentucky Ret. Sys., 396 S.W.3d 833 (Ky. 2013). · cites it 6× “075(4) and KRS 61.692 expressly waive sovereign immunity in declaratory judgment actions.”

Kentucky Mist Moonshine, Inc. v. Univ. of Kentucky, 192 F. Supp. 3d 772 (E.D. Ky. 2016). · cites it 4× “(citing Ky. Rev. Stat. §§ 61.692; 45A.245). Further, the court stated that, “[w]hen this is coupled with *783 the fact [the defendant] is authorized to ‘sue and be sued in its corporate name,’ ” as well as the language in the KDJA, “it is apparent that the Commonwealth intended…”

River City Fraternal Order of Police Lodge 614, Inc. v. Ky. Ret. Sys., 375 F. Supp. 3d 748 (E.D. Ky. 2019). · cites it 6× “1995) (interpreting KRS § 61.692, applicable to state employees, which contains language identical to § 78.”

Kentucky Employees Ret. Sys. v. Seven Counties Servs., Inc., 550 B.R. 741 (W.D. Ky. 2016). · cites it 4× “, PagelD # 161 (citing Ky. Rev. Stat. § 61.692)) That is, the laws governing Kentucky’s pension system recognize an agreement between the members of KERS and the' state.”

Jones v. Bd. of Trs., 910 S.W.2d 710 (Ky. 1995). · cites it 3× “In 1972, the General Assembly enacted KRS 61.692 which provides: It is hereby declared that in consideration of the contributions by the members and in further consideration of benefits received by the state from the member’s employment, KRS 61.”

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 5× “Effective July 1, 2013, under Senate Bill 2, KRS 61.692 was amended to distinguish between members who began to participate pri- or to January 1, 2014 and those who begin to participate thereafter.”

Lawson v. Kentucky Ret. Sys., 291 S.W.3d 679 (Ky. 2009). · cites it 2× “Lawson or were negligent in the handling of his retirement process. In my view, this case revolves around the proper construction of KRS 61.”

Kentucky Employees Ret. Sys. v. Seven Counties Servs., Inc. (Ky. 2019). · cites it 4× “Moreover, the legislature purposefully uses the word “contract” in other parts of KRS Chapter 61, most notably in the “inviolable contract” provision codified at KRS 61.692. Subsection (1) of that statute states: For members who begin participating in the Kentucky Employees…”

Randy Overstreet v. Jeffrey C. Mayberryas Member & Beneficiary of Trust Funds on Behalf of the Kentucky Ret. Sys. & as Taxpayer on Behalf of the Commonwealth of Kentucky (Ky. 2020). “”); See also KRS 61.692(1), which provides the following: (1) For members who begin participating in the Kentucky Employees Retirement System prior to January 1, 2014, it is hereby declared that in consideration of the contributions by the members and in further consideration of…”

Brent Aldridge v. Jeffrey C. Mayberryas Member & Beneficiary of Trust Funds on Behalf of the Kentucky Ret. Sys. & as Taxpayer on Behalf of the Commonwealth of Kentucky (Ky. 2020). “”); See also KRS 61.692(1), which provides the following: (1) For members who begin participating in the Kentucky Employees Retirement System prior to January 1, 2014, it is hereby declared that in consideration of the contributions by the members and in further consideration of…”

— Ky. Rev. Stat. § 61.692(1) — 2 cases

— Ky. Rev. Stat. § 61.692(2)(a) — 1 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). “Effective July 1, 2013, under Senate Bill 2, KRS 61.692 was amended to distinguish between members who began to participate pri- or to January 1, 2014 and those who begin to participate thereafter.”

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