67A.460 Permanent occupational disability -- Annuity rate -- Disability retirement
benefits.
(1)
(2)
(3)
(4)
If a total and permanent occupational disability occurs, the member shall receive an
annuity calculated pursuant to subsection (2) of this section. This benefit shall begin
at the time the member's salary ceases, and shall be paid during his or her entire
lifetime. At the member's death, his or her eligible surviving spouse, if any, shall
receive the benefits as provided under KRS 67A.492, and his or her minor children,
if any, shall receive benefits as provided under KRS 67A.440.
The minimum annuity rate for a total and permanent occupational disability shall be
sixty percent (60%) of the member's last rate of salary. The minimum rate shall be
increased by one half (1/2) of the amount by which the member's percentage of
disability exceeds twenty percent (20%), but this increase shall be not more than
fifteen percent (15%) of the member's last rate of salary and the member's total
annuity shall not be greater than seventy-five percent (75%) of his or her last rate of
salary.
The member's percentage of disability shall be the average of the impairment rating
determined by two (2) physicians selected by the board under KRS 67A.480, using
the "Guides to the Evaluation of Permanent Impairment".
If a member is eligible for a service retirement annuity under KRS 67A.410 and the
amount of the member's service retirement annuity would exceed the amount of his
or her total and permanent occupational disability annuity, as determined by the
board under this section, then the member may elect to receive an additional service
retirement annuity payment equal to the amount by which the member's service
retirement annuity would have exceeded the amount of his or her total and
permanent occupational disability annuity, in addition to the member's disability
annuity, by filing with the board the application required by KRS 67A.410.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 90, sec. 7, effective July 15, 2010. -- Amended
2006 Ky. Acts ch. 144, sec. 7, effective April 4, 2006. -- Amended 2000 Ky. Acts
ch. 484, sec. 4, effective July 14, 2000. -- Amended 1994 Ky. Acts ch. 380, sec. 2,
effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 189, sec. 16, effective July
13, 1990. -- Created 1974 Ky. Acts ch. 106, sec. 11, effective July 1, 1974.
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