Kentucky Revised Statutes

Ky. Rev. Stat. § 95.866 (2026)

Withdrawal from service prior to retirement -- Refund -- Forfeitures

✓ current as of May 2026
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(1) Upon withdrawal from service prior to retirement, a member shall be entitled to receive a refund of the amount of contributions made by the member after the date of establishment, including those employee contributions picked up by the employer pursuant to KRS 65.155, without interest. (2) Any member receiving a refund of contributions shall thereby ipso facto forfeit, waive, and relinquish all accrued rights and benefits in the system, including all credited and creditable service. The board may, in its discretion, regardless of cause, withhold payment of a refund for a period not to exceed six (6) months after receipt of an application from a member. (3) Any member who has received a refund shall be considered a new member upon subsequent reemployment if such person qualifies for membership under the provisions hereof. After the completion of at least five (5) years of continuous membership service following his latest reemployment, such member shall have the right to make a repayment to the system of the amount or amounts previously received as refund, including six percent (6%) interest from the dates of refund to the date of repayment. Such repayment shall not be picked up by the employer pursuant to KRS 65.155. Upon the restoration of such refunds, as herein provided, such member shall have reinstated to his account all credited service represented by the refunds of which repayment has been made. Repayment of refunds by any member shall include all refunds received by a member prior to the date of his last withdrawal from service and shall be made in a single sum. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 166, sec. 52, effective July 15, 1982. -- Created 1956 Ky. Acts ch. 16, sec. 16, effective July 1, 1956.

Notes of Decisions
Cited in 2 cases, 1975–1977 · leading case: Policemen's & Firemen's Ret. Fund v. Shields, 521 S.W.2d 82 (Ky. Ct. App. 1975).
Policemen's & Firemen's Ret. Fund v. Shields, 521 S.W.2d 82 (Ky. Ct. App. 1975). · cites it 3× “” It is the contention of the appellants that the word “withdraw” means a voluntary act on the part of the member as opposed to an involuntary dismissal.”
Louisville Policemen's Ret. Fund v. Bryant, 556 S.W.2d 6 (Ky. 1977). “KRS 95.866; KRS 95.877. However, these statutes apply only to pension funds of cities of the second class.”
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