2014 Kentucky Revised Statutes CHAPTER 61 - GENERAL PROVISIONS AS TO OFFICES AND OFFICERS -- SOCIAL SECURITY FOR PUBLIC EMPLOYEES -- EMPLOYEES RETIREMENT SYSTEM 61.607 Maximum disability benefit -- Determination.
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61.607 Maximum disability benefit -- Determination.
Notwithstanding any other provisions of KRS 16.505 to 16.652, 61.510 to 61.705, or
78.510 to 78.852, a maximum disability benefit is hereby established which shall
apply, upon disability retirement, to any disabled employee's account to which
service credit is added to determine disability benefits or in any case where disability
benefits are determined by computing a percentage of the disabled employee's final
monthly rate of pay. The maximum disability benefit shall be determined by the
following formula:
(1) Add the monthly benefit payable to the disabled employee from the retirement
system, using the monthly disability retirement allowance (not optional plan) but
excluding dependent children's allowances, if any, to his monthly benefit, if any,
from Social Security, even though these payments may not begin for a period
of time as required for qualification under the federal Social Security law,
excluding spouse or dependent benefits, and his monthly benefit, if any, from
workers' compensation, even though these payments may not have begun as
of the date the disabled member applies for disability retirement benefits,
excluding spouse or dependent children's allowances, from workers'
compensation, to arrive at a projected combined monthly benefit.
(2) If the projected combined monthly benefit exceeds one hundred percent
(100%) of the disabled employee's final rate of pay or his final compensation,
whichever is greater, his disability retirement allowance from the retirement
system shall be reduced to an amount which would cause his projected
combined monthly benefit to equal one hundred percent (100%) of his final rate
of pay or his final compensation, whichever is greater; however, the disability
retirement allowance shall not be reduced below an amount which would result
from a computation of his disability retirement allowance from the retirement
system using the disabled employee's actual total service.
(3) The system may pay estimated benefits to a disabled employee, upon
qualification for disability retirement, based on an estimate of his Social
Security and workers' compensation benefits until the amounts are actually
determined, at which time a final calculation of the member's actual benefits
shall be determined and his account corrected retroactive to his effective
retirement date.
(4) Any increase in Social Security benefits or workers' compensation benefits
which becomes law, regardless of their effective date, subsequent to the
disabled employee's effective retirement date, shall not be considered in
determination of the maximum benefit payable, as the maximum benefit
payable is based on the amount of combined benefits under these programs as
of the disabled employee's effective retirement date.
(5) Any disabled recipient whose potential payments from the system were
reduced as provided for in this section shall advise the system if his payments
under the Federal Social Security Act or Workers' Compensation Act cease at
any time subsequent to his effective retirement date. Upon investigation, if the
system determines that the disabled recipient continues to be eligible for
disability benefits, the system may increase his retirement allowance by adding
to his payment an amount equal to the reduction applied upon the effective
retirement date in accordance with subsection (2) of this section.
Effective:July 14, 1992
History: Amended 1992 Ky. Acts ch. 240, sec. 31, effective July 14, 1992. -Amended 1988 Ky. Acts ch. 349, sec. 20, effective July 15, 1988. -- Amended
1984 Ky. Acts ch. 232, sec. 7, effective July 13, 1984. -- Amended 1976 Ky.
Acts ch. 321, sec. 40. -- Created 1974 Ky. Acts ch. 128, sec. 31.
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