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67A.462 Review of disability retirements -- Suspension or termination of
disability benefits.
(1)
(2)
Once each year following the retirement of a member on a disability retirement
allowance, the board may require the person, prior to his normal retirement
date, to undergo a medical examination. Should he refuse to submit to any
such medical examination, his retirement allowance shall be discontinued until
his withdrawal of his refusal, and should his refusal continue for one (1) year,
all his rights to any further disability allowance shall cease. Any member whose
medical examination reveals that he is no longer totally and permanently
disabled within the meaning of KRS 67A.360(16) shall be disqualified from
further receipt of disability benefits.
(a) Once each year following the retirement of a member on a disability
retirement allowance the board shall require the person, prior to his
normal retirement date, to complete and return to the board a statement
indicating whether he is employed, the name of his employer, if any, and
a description of his job duties. The board shall discontinue the disability
benefits of any member for the duration of his refusal to provide the board
with employment information. Any member who fails to provide the
information to the board within one (1) year after the initial request shall
lose his right to any further disability benefits.
(b) The board shall have the right to terminate the disability retirement
benefits of any member who is employed in an occupation which is
essentially similar to that of his former employment, either in job
classification, similarity of duties, or which otherwise demonstrates that
the member is performing activities for which he earlier claimed he was
disabled from performing. For the purpose of this section, members who
were sworn police officers may not hold a sworn position as peace officer
and continue to receive disability benefits.
Effective:July 13, 1990
History: Created 1990 Ky. Acts ch. 189, sec. 12, effective July 13, 1990.
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