21.410 Disability retirement -- Computation.
(1) If upon examination of a member under his normal retirement age by one (1) or
more qualified physicians employed by the retirement board, it is certified to the <br>satisfaction of the board that such member is so physically or mentally disabled as <br>to be incapacitated for further performance of duty, and that such incapacity is likely <br>to be permanent, the member may retire for disability. A member who so retires <br>shall be entitled to receive commencing immediately a disability retirement <br>allowance, payable monthly during his disability, in an amount equal to one-half <br>(1/2) of the monthly service retirement allowance he would have received <br>commencing at his normal retirement date if he had continued in service until that <br>date and had then retired, computed however on the basis of his final compensation <br>at time of actual retirement.
(2) A member need not have completed eight (8) years of service in order to be eligible
for benefits under subsection (1) of this section.
(3) The retirement board shall cause a member who has been retired for disability and
who is still under his normal retirement age to undergo periodic examination by one <br>(1) or more qualified physicians employed by the board, to determine whether he <br>continues to be incapacitated for service of the character required of a judge or <br>commissioner. If upon any such examination it is certified to the satisfaction of the <br>board that the member is no longer so incapacitated, or if the member refuses to <br>submit to examination, the board shall terminate his disability retirement allowance. <br>He shall then be entitled to such rights, if any, under subsection (2) or (3) of KRS <br>21.400 as he would have been entitled to had he voluntarily retired on the date he <br>was retired for disability.
(4) Upon reaching his normal retirement age, a member who has been receiving a
disability retirement allowance may apply for and receive, in lieu thereof, the <br>service retirement allowance he would have been entitled to receive at normal <br>retirement age had he voluntarily retired on the date he was retired for disability.
History: Created 1960 Ky. Acts ch. 84, Art. III, sec. 7.
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