2015 Kentucky Revised Statutes
CHAPTER 67A - URBAN-COUNTY GOVERNMENT
67A.460 Permanent occupational disability -- Annuity rate -- Disability retirement benefits.
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<![CDATA[67A.460 Permanent occupational disability -- Annuity rate -- Disability retirement
benefits.
(1)
(2)
(3)
(4)
If a total and permanent occupational disability occurs, the member shall receive an
annuity calculated pursuant to subsection (2) of this section. This benefit shall begin
at the time the member's salary ceases, and shall be paid during his or her entire
lifetime. At the member's death, his or her eligible surviving spouse, if any, shall
receive the benefits as provided under KRS 67A.492, and his or her minor children,
if any, shall receive benefits as provided under KRS 67A.440.
The minimum annuity rate for a total and permanent occupational disability shall
be:
(a) Fifty percent (50%) of the member's last rate of salary if the member's rate of
disability is less than twenty percent (20%) and the disablement is the direct
result of documented occupational injuries for service to the department that
occurred on or after July 1, 2013;
(b) Sixty percent (60%) of the member's last rate of salary if the member's rate of
disability is less than twenty percent (20%) and the disablement is the direct
result of documented occupational injuries for service to the department that
occurred prior to July 1, 2013; or
(c) Sixty percent (60%) of the member's last rate of salary if the member's rate of
disability is equal to twenty percent (20%) or more. The minimum annuity
rate provided by this paragraph shall be increased by one half (1/2) of the
amount by which the member's percentage of disability exceeds twenty
percent (20%), but this increase shall be not more than fifteen percent (15%)
of the member's last rate of salary and the member's total annuity shall not be
greater than seventy-five percent (75%) of his or her last rate of salary.
The member's percentage of disability shall be the average of the impairment rating
determined by two (2) physicians selected by the board under KRS 67A.480, using
the "Guides to the Evaluation of Permanent Impairment".
If a member is eligible for a service retirement annuity under KRS 67A.410 and the
amount of the member's service retirement annuity would exceed the amount of his
or her total and permanent occupational disability annuity, as determined by the
board under this section, then the member may elect to receive an additional service
retirement annuity payment equal to the amount by which the member's service
retirement annuity would have exceeded the amount of his or her total and
permanent occupational disability annuity, in addition to the member's disability
annuity, by filing with the board the application required by KRS 67A.410.
Effective: March 14, 2013
History: Amended 2013 Ky. Acts ch. 7, sec. 9, effective March 14, 2013. -- Amended
2010 Ky. Acts ch. 90, sec. 7, effective July 15, 2010. -- Amended 2006 Ky. Acts ch.
144, sec. 7, effective April 4, 2006. -- Amended 2000 Ky. Acts ch. 484, sec. 4,
effective July 14, 2000. -- Amended 1994 Ky. Acts ch. 380, sec. 2, effective July 15,
1994. -- Amended 1990 Ky. Acts ch. 189, sec. 16, effective July 13, 1990. -- Created
1974 Ky. Acts ch. 106, sec. 11, effective July 1, 1974.
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