Employment – Retirement benefits calculation for legislator: Karem v. The Board of Trustees of the Judicial Form Retirement System (COA 5/15/2009)

Karem v. The Board of Trustees of the Judicial Form Retirement System
2007-CA-002035 05/15/2009 2009 WL 1347497

Opinion by Judge Moore; Judge Dixon and Senior Judge Knopf concurred.

The Court affirmed an opinion and order of the circuit court denying the appellant legislator’s request for a declaratory judgment that his retirement benefits should be calculated considering his salary while he was eligible to participate in the County Employees’ Retirement System (CERS) and his salary while he participated in the Kentucky Legislators’ Retirement Plan (LRP).

The Court held that although KRS 61.680(2)(a) contained an ambiguity, the more specific statutes governing retirement benefits for members of the General Assembly patently illustrated the intent of the General Assembly that retirement benefits under the LRP were to be calculated using a set assumed salary as a legislator.