2013 Kentucky Revised Statutes CHAPTER 161 - SCHOOL EMPLOYEES -- TEACHERS' RETIREMENT AND TENURE 161.662 Status of disabled teachers and superintendents.
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161.662 Status of disabled teachers and superintendents.
(1)
(2)
(3)
Teachers and superintendents with continuing status who retire because of
disability shall, notwithstanding provisions of KRS 161.720 to 161.810 to the
contrary, retain continuing status in the school district from which they retired
for twenty-four (24) calendar months from the date of retirement, if the teacher
or superintendent:
(a) Is approved for disability retirement under the provisions of KRS 161.661,
or
(b) Is approved for disability retirement but elects to have benefits calculated
on the service retirement formula under the provisions of KRS 161.661, or
(c) Is disqualified from receiving disability retirement benefits by KRS
161.661(2) but is otherwise eligible for disability retirement under the
remaining provisions of KRS 161.661.
(a) If the superintendent recovers from disability and presents written notice
of such recovery, supported by the statement of a licensed physician, to
the employing board of education within the twenty-four (24) calendar
month period but not later than April 15 prior to the beginning of the
school term, the board of education shall reinstate the superintendent to
active continuing status at the beginning of the school term. If notice of
recovery from disability is not presented to the employing board of
education within the twenty-four (24) calendar month period, or if the
superintendent states to the board, in a verified document, prior to
expiration of the twenty-four (24) calendar month period that he or she will
not return to employment in the school system, the continuing service
contract of the superintendent shall terminate as by retirement under the
provisions of KRS 161.661.
(b) If the teacher recovers from disability and presents written notice of such
recovery, supported by the statement of a licensed physician, to the
superintendent within the twenty-four (24) calendar month period but not
later than April 15 prior to the beginning of the school term, the
superintendent shall reinstate the teacher to active continuing status at
the beginning of the school term. If notice of recovery from disability is not
presented to the superintendent within the twenty-four (24) calendar
month period, or if the teacher states to the superintendent, in a verified
document, prior to expiration of the twenty-four (24) calendar month
period that he or she will not return to employment in the school system,
the continuing service contract of the teacher shall terminate as by
retirement under the provisions of KRS 161.661.
Retirement because of disability under this section shall not be cause for
termination of the contract of a teacher or superintendent under KRS 161.790
during the twenty-four (24) calendar month period described in this section. A
teacher or superintendent who applies for disability retirement under the
provisions of KRS 161.661 shall retain continuing service status during the
period of time the application for disability retirement is being processed. If the
application is not approved, the teacher or superintendent may return to the
contract, employment, or leave status held prior to submission of the
application.
(4)
(a)
(b)
If the superintendent recovers from the disability and presents written
notice of such recovery, supported by the statement of a licensed
physician, to the employing board of education within twenty-five (25)
through forty-two (42) months from the date of retirement, the board shall
give priority consideration to reemployment of the superintendent for the
first available position for which the superintendent is qualified and
certified.
If the teacher recovers from the disability and presents written notice of
such recovery, supported by the statement of a licensed physician, to the
superintendent within twenty-five (25) through forty-two (42) months from
the date of retirement, the superintendent shall give priority consideration
to reemployment of the teacher for the first available position for which the
teacher is qualified and certified.
Effective:July 13, 1990
History: Amended 1990 Ky. Acts ch. 476, Pt. IV, sec. 246, effective July 13, 1990.
-- Created 1982 Ky. Acts ch. 219, sec. 1, effective July 15, 1982.
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