Request By:
Mr. William W. Wells
2954 Veach Road
Apt. #8
Owensboro, Kentucky 42301
Opinion
Opinion By: Steven L. Beshear, Attorney General; Walter C. Herdman, Asst. Deputy Attorney General
This is in response to your recent letter in which you relate that the city commission has enacted an amendment to Section 6-10 of a city ordinance relating to civil service and pension program for city employees under the provisions of KRS 90.300 and 90.410. The original ordinance was enacted in August 1946. However, since that date you further relate that the city has employed certain individuals on a full-time basis who were not placed under the civil service and pension fund program. The question is raised as to whether or not the pension provisions of the referred to statutes pertaining to second class cities is limited to employees in the classified service or in other words those employees placed under civil service.
Our response to your question would be in the affirmative. The amended section of the civil service act you enclose provides that employees of the Owensboro City Utilities and Sewer Commission, who are not covered by another pension plan, shall come under the civil service act referred to and as a consequence under the pension plan. There is some indication that someone has marked through the provisions stating in effect that the referred to employees shall immediately come under the civil service program, however this would violate the terms of the civil service act.
The civil service act referred to, namely KRS 90.300 to 90.410, clearly indicates that only those persons placed under the civil service program can participate in the pension fund program. KRS 90.400(1) specifically states that any city of the second class adopting the civil service plan under KRS 90.314 shall provide by ordinance for the creation and maintenance of a pension fund for employees under the civil service program. As a consequence only those employees placed under civil service by virtue of the adoption of KRS 90.300 to 90.410 would be entitled to participate in the pension fund established by KRS 90.400. We might mention that the term "employee" is defined to include all city employees with certain exceptions mentioned in KRS 90.300(1)(f).