All members of the police and firemen and other employee pension plans of the City of Lexington on the effective date of this Charter shall continue as members of said plans unless otherwise specifically exempted therefrom under the provisions of this Charter. All new employees entering the classified civil service of the Merged Government after the effective date of this Charter shall be enrolled as members of the police and firemen or other employee pension plan in accordance with the terms and conditions for membership therein. No other employee, including those employees of the City of Lexington and County of Fayette entering the classified civil service of the Merged Government in accordance with the provisions of Section 9.03 of this Charter, shall be eligible for membership in said pension plans until the Council has provided by ordinance for the terms and conditions to be applied in extending the membership of any pension plan beyond the limits set forth in this Charter.
In no case shall the Council extend the membership in any pension plan beyond the limits set forth in this Charter that will result in the impairment, curtailment or diminishment of any right or benefit accrued by any person who is a member of said plan on the effective date of this Charter. Nor shall the Council extend membership in any pension plan to any employee of the Merged Government exempted from the classified civil service. However, the Council may provide by ordinance for the continuation of membership in any pension plan for any classified civil service employee appointed as an Administrative Assistant to the Mayor or as a Department Commissioner under the provisions of Sections 5.08 or 6.02 of this Charter.
Annotation—Under KRS 78.510(6), 78.531 and 78.540 every regular full-time appointed or elective officer or employee, except members of the Policemen's and Fire Fighter's Retirement Fund and City Employees Pension Fund, of an urban county government participating in the County Employees Retirement System must be included in the membership of that fund. The Lexington-Fayette Urban County Government is a participant in the County Employees Retirement System, so full-time non-classified civil service employees are covered by the pension plan.