GOP cries foul over Kelly’s judgeship appointment
The appointment — made less than a full business day after Kelly was one of three candidates recommended for the position — is effective immediately. Beshear called a special election for Dec. 8 to choose Kelly’s replacement in the 14th Senate District.
If Democrats win the election, the Republican margin in the Senate would slip to 19-18, with one independent who caucuses with the GOP. That could help efforts to push through expanded gambling at racetracks, which has stalled in the GOP-controlled Senate. * * *
elly, 59, is a Springfield lawyer and a graduate of the University of Louisville Law School. He was elected five times to the Senate and quietly resigned about three weeks ago as majority leader when he submitted an application for the judgeship.
His appointment follows Beshear’s decision earlier this year to name Republican Sen. Charlie Borders to the Public Service Commission. Democratic state Rep. Robin Webb won the special election for Borders’ seat, cutting the Republican majority in the Senate to 20-17 with the one independent.
Both Kelly and Borders will see significant increases to their legislative pensions as a result of their appointments.
In 2005 the General Assembly changed state law to allow legislators to use non-legislative salaries to calculate their legislative pensions. The appointment will boost Kelly’s legislative pension by at least $35,700 a year, assuming he serves as judge for at least three years.
In addition, Kelly will be immediately vested in a judicial pension. That means if he works just one year as a judge he will receive about $4,000 in annual pension payments.
Borders’ appointment will boost his legislative pension by at least $37,500 a year, assuming he serves at the PSC for at least three years. He’ll also be eligible for a second pension through the Kentucky Employees’ Retirement System.
Reporter Tom Loftus can be reached at (502) 875-5136. Reporter Stephenie Steitzer contributed to this story.
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