2013 Kentucky Revised Statutes CHAPTER 16 - STATE POLICE 16.165 State Police officer disabled on hazardous duty may elect to be retained on payroll -- Conditions -- Exceptions -- Appeal -- Disability retirement allowance time may be included in calculation for normal retirement.
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16.165 State Police officer disabled on hazardous duty may elect to be
retained on payroll -- Conditions -- Exceptions -- Appeal -- Disability
retirement allowance time may be included in calculation for normal
retirement.
Any Department of Kentucky State Police officer, as defined in KRS 16.010, who
becomes disabled after July 1, 1977, as a direct result of an injury or disease arising
out of the performance of a hazardous duty in the course of employment with the
department may elect to be retained on the regular payroll of the department subject
to the following:
(1) Compensation paid to the officer by the department shall be adjusted and
maintained at the officer's regular rate of pay based upon the officer's rank and
tenure with the department and shall include annual increments, salary
adjustments, and other benefits of employment; provided, however, such
compensation paid to the officer by the department shall be reduced by the
amount of payments received by the officer from workers' compensation
insurance, Social Security benefits, and other federal or state-financed
disability programs designed to supplement the officer's income for which the
officer is qualified and elects participation. Final compensation shall not be
reduced by payments for medical care. The disabled officer's regular rate of
pay, without the reductions required by this subsection, shall be his creditable
compensation for purposes of KRS 16.510 to 16.652.
(2) Such officer shall be assigned by the commissioner of the Department of
Kentucky State Police to a position in the department for which the officer is
qualified, if the commissioner determines, based upon medical reports and
recommendations submitted for that purpose, that the officer is able to perform
limited duties. If it is determined that the officer is able to perform limited duties
and refuses to accept an assignment from the commissioner, the officer shall
not be eligible for the payment of compensation authorized by this section. If
the commissioner determines that the officer is unable to perform limited
duties, the officer shall be eligible for the payment of compensation authorized
by this section without the performance of limited duties. Any officer adversely
affected or aggrieved by a final determination of the commissioner pursuant to
this section may appeal within thirty (30) days to the local Circuit Court.
(3) (a) For an officer whose participation date in the State Police Retirement
System is prior to January 1, 2014, payments made pursuant to this
section shall continue until the officer is eligible for normal retirement
allowances pursuant to KRS 16.576 or until the officer elects early
retirement allowances pursuant to KRS 16.577 or disability retirement
allowances pursuant to KRS 16.582.
(b) For an officer whose participation date in the State Police Retirement
System is on or after January 1, 2014, payments made pursuant to this
section shall continue until the officer is eligible to retire under KRS
16.583(6)(a) or until the officer elects to retire under KRS 16.583(6)(b) or
to receive disability retirement allowances pursuant to KRS 16.582.
(c) If the officer receives preretirement payments under this section or KRS
16.167 and subsequently elects disability retirement, the effective date of
his disability retirement shall be the first month following the month in
(4)
which the officer last receives preretirement payments under this section
or KRS 16.167, KRS 16.505(16) to the contrary notwithstanding.
Any Department of Kentucky State Police officer, disabled prior to July 1, 1977,
as a result of severe physical injuries arising out of the performance of duty,
who is unable to maintain gainful employment as a result of such injuries, but
who was ineligible for retention on the regular payroll because of the date of his
injury, shall, if his or her time in active service plus his or her time on disability
retirement allowance equal the time necessary for normal retirement pursuant
to KRS 16.505(15), have his or her retirement allowance increased to the
amount he or she would receive, had he or she been retained on the regular
payroll of the department pursuant to this section and had he or she
subsequently elected normal retirement pursuant to KRS 16.576 when first
eligible, but any survivor option which he or she chose at the time of disability
retirement shall not be changed.
Effective:July 1, 2013
History: Amended 2013 Ky. Acts ch. 120, sec. 33, effective July 1, 2013. -Amended 2007 Ky. Acts ch. 85, sec. 65, effective June 26, 2007. -- Amended
1994 Ky. Acts ch. 485, sec. 30, effective July 15, 1994. -- Amended 1986 Ky.
Acts ch. 257, sec. 1, effective July 15, 1986. -- Created 1979 (1st Extra. Sess,)
Ky. Acts ch. 16, sec. 1, effective May 12, 1979.
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