2014 Kentucky Revised Statutes CHAPTER 61 - GENERAL PROVISIONS AS TO OFFICES AND OFFICERS -- SOCIAL SECURITY FOR PUBLIC EMPLOYEES -- EMPLOYEES RETIREMENT SYSTEM 61.615 Disability retirement allowance -- Reduction -- Discontinuance -- Medical examiners -- Hearings and appeals -- Early retirement upon discontinuance of disability allowance for member who began participating before January 1, 2014.
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61.615 Disability retirement allowance -- Reduction -- Discontinuance -Medical examiners -- Hearings and appeals -- Early retirement upon
discontinuance of disability allowance for member who began
participating before January 1, 2014.
(1)
(2)
(3)
If the board's medical examiner determines that a recipient of a disability
retirement allowance is, prior to his normal retirement date, employed in a
position with the same or similar duties, or in a position with duties requiring
greater residual functional capacity and physical exertion, as the position from
which he was disabled, except where the recipient has returned to work on a
trial basis not to exceed nine (9) months, the system may reduce or
discontinue the retirement allowance. Each recipient of a disability retirement
allowance who is engaged in gainful employment shall notify the system of any
employment; otherwise, the system shall have the right to recover payments of
a disability retirement allowance made during the employment.
If the board's medical examiner determines that a recipient of a disability
retirement allowance is, prior to his normal retirement date, no longer
incapacitated by the bodily injury, mental illness, or disease for which he
receives a disability retirement allowance, the board may reduce or discontinue
the retirement allowance.
The system shall have full power and exclusive authority to reduce or
discontinue a disability retirement allowance and the system shall utilize the
services of a medical examiner as provided in KRS 61.665, in determining
whether to continue, reduce, or discontinue a disability retirement allowance
under this section.
(a) The system shall select a medical examiner to evaluate the forms and
medical information submitted by the person. If there is objective medical
evidence of a mental impairment, the medical examiner may request the
board's licensed mental health professional to assist in determining the
level of the mental impairment.
(b) The medical examiners shall be paid a reasonable amount by the
retirement system for each case evaluated.
(c) The medical examiner shall recommend that disability retirement
allowance be continued, reduced, or discontinued.
1.
If the medical examiner recommends that the disability retirement
allowance be continued, the system shall make retirement payments
in accordance with the retirement plan selected by the person.
2.
If the medical examiner recommends that the disability retirement
allowance be reduced or discontinued, the system shall send notice
of the recommendation by United States first-class mail to the
person's last address on file in the retirement office.
a.
The person shall have sixty (60) days from the day that the
system mailed the notice to file at the retirement office
additional supporting employment or medical information and
certify to the retirement office that the forms and additional
supporting employment information or medical information are
ready to be evaluated by the medical examiner or to appeal the
(d)
(e)
(f)
recommendation of the medical examiner to reduce or
discontinue the disability retirement allowance by filing at the
retirement office a request for a formal hearing.
b.
If the person fails or refuses to file at the retirement office the
forms, the additional supporting employment information, and
current medical information or to appeal the recommendation
of the medical examiners to reduce or discontinue the disability
retirement allowance, his retirement allowance shall be
discontinued on the first day of the month following the
expiration of the period of the sixty (60) days from the day the
system mailed the notice of the recommendation to the
person's last address on file in the retirement office.
The medical examiner shall make a recommendation based upon the
evaluation of additional supporting medical information submitted in
accordance with paragraph (c)2.a. of this subsection.
1.
If the medical examiner recommends that the disability retirement
allowance be continued, the system shall make disability retirement
payments in accordance with the retirement plan selected by the
person.
2.
If the medical examiner recommends that the disability retirement
allowance be reduced or discontinued based upon the evaluation of
additional supporting medical information, the system shall send
notice of this recommendation by United States first-class mail to the
person's last address on file in the retirement office.
a.
The person shall have sixty (60) days from the day that the
system mailed the notice of the recommendation to appeal the
recommendation to reduce or discontinue the disability
retirement allowance by filing at the retirement office a request
for formal hearing.
b.
If the person fails or refuses to appeal the recommendation of
the medical examiners to reduce or discontinue the disability
retirement allowance, his retirement allowance shall be
discontinued on the first day of the month following the
expiration of the period of the sixty (60) days from the day the
system mailed the notice of the recommendation to the
person's last address on file in the retirement office.
Any person whose disability benefits have been reduced or discontinued,
pursuant to paragraph (c)2. or (d)2. of this subsection, may file at the
retirement office a request for formal hearing to be conducted in
accordance with KRS Chapter 13B. The right to demand a formal hearing
shall be limited to a period of sixty (60) days after the person had notice,
as described in paragraph (c) or (d) of this subsection. The request for
formal hearing shall be filed with the system, at the retirement office in
Frankfort. The request for formal hearing shall include a short and plain
statement of the reasons the reduction, discontinuance, or denial of
disability retirement is being contested.
Failure of the person to request a formal hearing within the period of time
(4)
(5)
(6)
specified shall preclude the person from proceeding any further with
contesting the reduction or discontinuation of disability retirement
allowance, except as provided in subsection (6)(d) of this section. This
paragraph shall not limit the person's right to appeal to a court.
(g) A final order of the board shall be based on substantial evidence
appearing in the record as a whole and shall set forth the decision of the
board and the facts and law upon which the decision is based. If the
board orders that the person's disability retirement allowance be
discontinued or reduced, the order shall take effect on the first day of the
month following the day the system mailed the order to the person's last
address on file in the retirement office. Judicial review of the final board
order shall not operate as a stay and the system shall discontinue or
reduce the person's disability retirement allowance as provided in this
section.
(h) Notwithstanding any other provisions of this section, the system may
require the person to submit to one (1) or more medical or psychological
examinations at any time. The system shall be responsible for any costs
associated with any examinations of the person requested by the medical
examiner or the system for the purpose of providing medical information
deemed necessary by the medical examiner or the system. Notice of the
time and place of the examination shall be mailed to the person or his
legal representative. If the person fails or refuses to submit to one (1) or
more medical examinations, his rights to further disability retirement
allowance shall cease.
(i) All requests for a hearing pursuant to this section shall be made in
writing.
The board may establish an appeals committee whose members shall be
appointed by the chair and who shall have the authority to act upon the
recommendations and reports of the hearing officer pursuant to this section on
behalf of the board.
Any person aggrieved by a final order of the board may seek judicial review
after all administrative appeals have been exhausted by filing a petition for
judicial review in the Franklin Circuit Court in accordance with KRS Chapter
13B.
If a disability retirement allowance is reduced or discontinued for a person who
began participating in the system prior to January 1, 2014, the person may
apply for early retirement benefits as provided under KRS 61.559, subject to
the following provisions:
(a) The person may not change his beneficiary or payment option;
(b) If the person has returned to employment with an employer participating
in one (1) of the systems administered by Kentucky Retirement Systems,
the service and creditable compensation shall be used in recomputing his
benefit, except that the person's final compensation shall not be less than
the final compensation last used in determining his retirement allowance;
(c) The benefit shall be reduced as provided by KRS 61.595(2);
(d) The person shall remain eligible for reinstatement of his disability
(7)
allowance upon reevaluation by the medical review board until his normal
retirement age. The person shall apply for reinstatement of disability
benefits in accordance with the provisions of this section. An application
for reinstatement of disability benefits shall be administered as an
application under KRS 61.600, and only the bodily injuries, mental
illnesses, diseases, or conditions for which the person was originally
approved for disability benefits shall be considered. Bodily injuries, mental
illnesses, diseases, or conditions that came into existence after the
person's last day of paid employment shall not be considered as a basis
for reinstatement of disability benefits. Bodily injuries, mental illnesses,
diseases, or conditions alleged by the person as being incapacitating, but
which were not the basis for the award of disability retirement benefits,
shall not be considered. If the person establishes that the disability
benefits should be reinstated, the retirement system shall pay disability
benefits effective from the first day of the month following the month in
which the person applied for reinstatement of the disability benefits; and
(e) Upon attaining normal retirement age, the person shall receive the higher
of either his disability retirement allowance or his early retirement
allowance.
No disability retirement allowance shall be reduced or discontinued by the
system after the person's normal retirement date except in case of
reemployment as provided for by KRS 61.637. If a disability retirement
allowance has been reduced or discontinued, except if the person is
reemployed as provided for by KRS 61.637, the retirement allowance shall be
reinstated upon attainment of the person's normal retirement date to the
retirement allowance prior to adjustment. No reinstated payment shall be less
than the person is receiving upon attainment of the person's normal retirement
date.
Effective:July 1, 2013
History: Amended 2013 Ky. Acts ch. 120, sec. 60, effective July 1, 2013. -Amended 2009 Ky. Acts ch. 77, sec. 15, effective June 25, 2009. -- Amended
2004 Ky. Acts ch. 36, sec. 18, effective July 13, 2004. -- Amended 1996 Ky.
Acts ch. 167, sec. 28, effective July 15, 1996. -- Amended 1994 Ky. Acts
ch. 473, sec. 1, effective July 15, 1994; and ch. 485, sec. 17, effective July 15,
1994. Amended 1992 Ky. Acts ch. 240, sec. 33, effective July 14, 1992. -Amended 1988 Ky. Acts ch. 349, sec. 21, effective July 15, 1988. -- Amended
1978 Ky. Acts ch. 311, sec. 16, effective June 17, 1978. -- Amended 1976 Ky.
Acts ch. 321, sec. 23. -- Amended 1972 Ky. Acts ch. 116, sec. 40. -- Amended
1962 Ky. Acts ch. 58, sec. 14. -- Created 1956 Ky. Acts ch. 110, sec. 22.
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