2014 Kentucky Revised Statutes CHAPTER 61 - GENERAL PROVISIONS AS TO OFFICES AND OFFICERS -- SOCIAL SECURITY FOR PUBLIC EMPLOYEES -- EMPLOYEES RETIREMENT SYSTEM 61.665 Medical examiners -- Ruling on disability retirement -- Appeal -- Referral for evaluation and retraining.
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61.665
Medical examiners -- Ruling on disability retirement -- Appeal -Referral for evaluation and retraining.
(1)
(2)
The board shall employ at least three (3) physicians, licensed in the state and
not members of the system, upon terms and conditions it prescribes to serve
as medical examiners, whose duty it shall be to pass upon all medical
examinations required under KRS 61.510 to 61.705, 16.505 to 16.652, and
78.510 to 78.852, to investigate all health or medical statements and
certificates made by or in behalf of any person in connection with the payment
of money to the person under KRS 61.510 to 61.705, 16.505 to 16.652, and
78.510 to 78.852, and who shall report in writing to the system the conclusions
and recommendations upon all matters referred to them. The board may
employ one (1) or more licensed mental health professionals in making
recommendations regarding mental impairments.
(a) Each person requesting disability retirement shall file at the retirement
office an application for disability retirement and supporting medical
information to report the person's physical and mental condition. The
person shall also file at the retirement office a complete description of the
job and duties from which he received his last pay as well as evidence
that the person has made a request for reasonable accommodation as
provided for in 42 U.S.C. sec. 12111(9) and 29 C.F.R. Part 1630. The
person shall certify to the retirement office that the application for
disability retirement and supporting medical information are ready to be
evaluated by the medical examiners in accordance with paragraph (d) of
this subsection. If, after good faith efforts, the person informs the system
that he has been unable to obtain the employment or medical information,
the system shall assist the person in obtaining the records and may use
the authority granted pursuant to KRS 61.685(1) to obtain the records. If
the person fails to file, at the retirement office within one hundred eighty
(180) days of the date the person filed his notification of retirement, any of
the forms, certifications, or information required by this subsection, the
person's application for disability retirement shall be void. Any subsequent
filing of an application for disability retirement or supporting medical
information shall not be evaluated, except as provided in paragraph (f) of
this subsection or KRS 61.600(2).
(b) The employer shall file at the retirement office a complete description of
the job and duties for which the person was last paid and shall submit a
detailed description of reasonable accommodations attempted.
(c) The cost of medical examinations and the filing of the medical
information, reports, or data with the retirement office shall be paid by the
person applying for disability retirement.
(d) The system shall select three (3) medical examiners to evaluate the
medical evidence submitted by the person. The medical examiners shall
recommend that disability retirement be approved, or that disability
retirement be denied. If there is evidence of a mental impairment, the
medical examiners may request the board's licensed mental health
professional to assist in determining the level of the mental impairment.
(e) If two (2) or more of the three (3) medical examiners recommend that the
(f)
(g)
(h)
(i)
(j)
(3)
(a)
person be approved for disability retirement, the system shall make
retirement payments in accordance with the retirement plan selected by
the person.
If two (2) or more of the three (3) medical examiners recommend that the
person be denied disability retirement, 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. The person shall have one
hundred eighty (180) days from the day that the system mailed the notice
to file at the retirement office additional supporting medical information
and certify to the retirement office that the application for disability
retirement and supporting medical information are ready to be evaluated
by the medical examiners or to appeal his denial of disability retirement by
filing at the retirement office a request for a formal hearing. Any
subsequent filing of an application for disability retirement or supporting
medical information shall not be evaluated, except as provided in KRS
61.600(2).
If two (2) or more of the three (3) medical examiners recommend that the
person be approved for disability retirement based upon the evaluation of
additional supporting medical information in accordance with paragraph
(f) of this subsection, the system shall make retirement payments in
accordance with the retirement plan selected by the person.
If two (2) or more of the three (3) medical examiners recommend that the
person be denied disability retirement based upon the evaluation of
additional supporting medical information in accordance with paragraph
(f) of this subsection, 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. The person shall have one hundred eighty (180) days
from the day that the system mailed the notice to appeal his denial of
disability retirement by filing at the retirement office a request for a formal
hearing.
The medical examiners shall be paid a reasonable amount by the
retirement system for each case evaluated.
Notwithstanding the foregoing provisions of this section, the system may
pay for one (1) or more medical examinations of the person requested by
the medical examiners for the purpose of providing medical information
deemed necessary by the medical examiners. The system may require
the person to submit to one (1) or more medical examinations.
Any person whose disability benefits have been reduced, discontinued, or
denied pursuant to subsection (2)(f) or (2)(h) of this section may file at the
retirement office a request for a 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 one hundred eighty (180) days after the
person had notice of the system's determination, as described in
subsection (2)(f) or (2)(h) of this section. The request for a formal hearing
shall be filed with the executive director, at the retirement office in
Frankfort. The request for a formal hearing shall include a short and plain
statement of the reasons the denial of disability retirement is being
(4)
(5)
(6)
contested.
(b) Failure of the person to request a formal hearing within the period of time
specified shall preclude the person from proceeding any further with the
application for disability retirement, except as provided in KRS 61.600(2).
This paragraph shall not limit the person's right to appeal to a court.
(c) The system may require the person requesting the formal hearing to
submit to one (1) or more medical or psychological examinations. Notice
of the time and place of the examination shall be mailed to the person or
his legal representative. The system shall be responsible for the cost of
the examination.
(d) 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.
(e) 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.
The system, pursuant to regulations, may refer an employee determined by it
to be disabled to the Kentucky Office of Vocational Rehabilitation for evaluation
and, if appropriate, retraining.
(a) The cost of the evaluation and retraining shall be paid by the system in
accordance with the regulations established by the board.
(b) The member shall perform all acts that are necessary to enroll in and
satisfy the requirements of Vocational Rehabilitation as prescribed by the
board. This shall include the exchange of confidential information
between Kentucky Retirement Systems and the Kentucky Office of
Vocational Rehabilitation as necessary to conduct the rehabilitation
process. Failure of the member to cooperate with the system or
Vocational Rehabilitation may result in his disability allowance being
discontinued, reduced, or denied until the member complies with the
agency requests. If the refusal continues for one (1) year, all his rights to
any further disability allowance shall cease.
Effective:July 13, 2004
History: Amended 2004 Ky. Acts ch. 36, sec. 26, effective July 13, 2004. -Amended 2003 Ky. Acts ch. 169, sec. 12, effective March 31, 2003. -- Amended
2000 Ky. Acts ch. 385, sec. 24, effective July 14, 2000. -- Amended 1998 Ky.
Acts ch. 105, sec. 17, effective July 15, 1998. -- Amended 1996 Ky. Acts ch.
167, sec. 19, effective July 15, 1996; and ch. 318, sec. 30, effective July 15,
1996. -- Amended 1994 Ky. Acts ch. 406, sec. 4, effective July 15, 1994; and ch.
485, sec. 23, effective July 15, 1994. Amended 1992 Ky. Acts ch. 240, sec.
43, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 346, sec. 6, effective
July 13, 1990. -- Amended 1988 Ky. Acts ch. 349, sec. 42, effective July 15,
1988; and ch. 387, sec. 3, effective July 15, 1988. -- Amended 1986 Ky. Acts ch.
90, sec. 21, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 232, sec. 8,
effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 423, sec. 11, effective
July 15, 1982. -- Amended 1978 Ky. Acts ch. 311, sec. 18, effective June 17,
1978. -- Amended 1976 Ky. Acts ch. 321, sec. 40. -- Amended 1974 Ky. Acts
ch. 128, sec. 28. -- Amended 1972 Ky. Acts ch. 116, sec. 53. -- Created 1956
Ky. Acts ch. 110, sec. 32.
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