Request By:
Mr. Bobby McKee
Operations Manager
Kentucky Retirement Systems
226 West Second Street
Frankfort, Kentucky 40601
Opinion
Opinion By: Steven L. Beshear, Attorney General; Patrick B. Kimberlin, III, Assistant Attorney General
This is in response to your recent letter to this office wherein you request our opinion as to whether any person who is covered by the Kentucky Retirement Systems must retire immediately upon termination of employment before he may be allowed to receive sick leave credit pursuant to KRS 61.546(1). That statutory provision reads as follows:
"Any member of the Kentucky employes retirement system or state police retirement system who is employed by the Commonwealth shall, on retirement receive credit for unused sick leave accrued in the state service in accordance with this section."
As you are aware, it is a generally accepted principle that pension and retirement statutes should be given a liberal construction. Mayberry v. Coyne, Ky., 312 S.W.2d 455 (1958). In the instant case the particular statutory provisions involved in KRS 61.546(1) is clear and unambiguous on its face and should be given effect according to its literal language. Hilliard v. United States, 310 F.2d 631 (6th Cir. 1962); Barrett v. Stephany, Ky., 510 S.W.2d 524 (1974).
Since there is no restriction in this statutory provision delineating between those who retire immediately upon termination of employment from those who retire at some subsequent date, it is our opinion that credit for accumulated sick leave should be given in either instance.