16.582 Disability retirement.
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16.582 Disability retirement.
(1) (a) Total and permanent disability means a disability which results in the
member's incapacity to engage in any occupation for remuneration or profit. <br>Loss by severance of both hands at or above the wrists, or both feet at or <br>above the ankles, or one (1) hand above the wrist and one (1) foot above the <br>ankle, or the complete, irrevocable loss of the sight of both eyes shall be <br>considered as total and permanent.
(b) Hazardous disability means a disability which results in the member's total
incapacity to continue as a regular full-time officer or as an employee in a <br>hazardous position, as defined in KRS 61.592, but which does not result in the <br>member's total and permanent incapacity to engage in other occupations for <br>remuneration or profit.
(c) In determining whether the disability meets the requirement of this section,
any reasonable accommodation provided by the employer as provided in 42 <br>U.S.C. sec. 12111(9) and 29 C.F.R. Part 1630 shall be considered.
(d) If the board determines that the total and permanent disability of a member
receiving a retirement allowance under this section has ceased, then the board <br>shall determine if the member has a hazardous disability.
(2) Any person may qualify to retire on disability, subject to the following:
(a) The person shall have sixty (60) months of service, twelve (12) of which shall
be current service credited under KRS 16.543(1), 61.543(1), or 78.615(1). The <br>service requirement shall be waived if the disability is a total and permanent <br>disability or a hazardous disability and is a direct result of an act in line of <br>duty;
(b) For a person whose membership date is prior to August 1, 2004, the person
shall not be eligible for an unreduced retirement allowance;
(c) The person's application shall be on file in the retirement office no later than
twenty-four (24) months after the person's last day of paid employment, as <br>defined in KRS 16.505, as a regular full-time officer or in a regular full-time <br>hazardous position under KRS 61.592;
(d) The person shall receive a satisfactory determination pursuant to KRS 61.665;
and
(e) A person's disability application based on the same claim of incapacity shall
be accepted and reconsidered for disability if accompanied by new objective <br>medical evidence. The application shall be on file in the retirement office no <br>later than twenty-four (24) months after the person's last day of paid <br>employment as a regular full-time officer or in a regular full-time hazardous <br>position.
(3) Upon the examination of the objective medical evidence by licensed physicians
pursuant to KRS 61.665, it shall be determined that: <br>(a) The incapacity results from bodily injury, mental illness, or disease. For
purposes of this section, "injury" means any physical harm or damage to the <br>human organism other than disease or mental illness;
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(b) The incapacity is deemed to be permanent; and <br>(c) The incapacity does not result directly or indirectly from:
1.
Injury intentionally self-inflicted while sane or insane;
2.
Injury or disease resulting from military service; or
3.
Bodily injury, mental illness, disease, or condition which pre-existed <br>membership in the system or reemployment, whichever is most recent, <br>unless: <br>a.
The disability results from bodily injury, mental illness, disease, or <br>a condition which has been substantially aggravated by an injury or <br>accident arising out of or in the course of employment; or
b.
The person has at least sixteen (16) years' current or prior service <br>for employment with employers participating in the retirement <br>systems administered by the Kentucky Retirement Systems.
For purposes of this subparagraph, "reemployment" shall not mean a <br>change of employment between employers participating in the <br>retirement systems administered by the Kentucky Retirement Systems <br>with no loss of service credit.
(4) (a) 1.
An incapacity shall be deemed to be permanent if it is expected to result <br>in death or can be expected to last for a continuous period of not less <br>than twelve (12) months from the person's last day of paid employment <br>in a position as regular full-time officer or a hazardous position.
2.
The determination of a permanent incapacity shall be based on the <br>medical evidence contained in the member's file and the member's <br>residual functional capacity and physical exertion requirements.
(b) The person's residual functional capacity shall be the person's capacity for
work activity on a regular and continuing basis. The person's physical ability <br>shall be assessed in light of the severity of the person's physical, mental, and <br>other impairments. The person's ability to walk, stand, carry, push, pull, reach, <br>handle, and other physical functions shall be considered with regard to <br>physical impairments. The person's ability to understand, remember, and carry <br>out instructions and respond appropriately to supervision, coworkers, and <br>work pressures in a work setting shall be considered with regard to mental <br>impairments. Other impairments, including skin impairments, epilepsy, visual <br>sensory impairments, postural and manipulative limitations, and <br>environmental restrictions, shall be considered in conjunction with the <br>person's physical and mental impairments to determine residual functional <br>capacity.
(c) The person's physical exertion requirements shall be determined based on the
following standards: <br>1.
Sedentary work shall be work that involves lifting no more than ten (10) <br>pounds at a time and occasionally lifting or carrying articles such as <br>large files, ledgers, and small tools. Although a sedentary job primarily
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involves sitting, occasional walking and standing may also be required <br>in the performance of duties.
2.
Light work shall be work that involves lifting no more than twenty (20) <br>pounds at a time with frequent lifting or carrying of objects weighing up <br>to ten (10) pounds. A job shall be in this category if lifting is <br>infrequently required but walking and standing are frequently required, <br>or if the job primarily requires sitting with pushing and pulling of arm or <br>leg controls. If the person has the ability to perform substantially all of <br>these activities, the person shall be deemed capable of light work. A <br>person deemed capable of light work shall be deemed capable of <br>sedentary work unless the person has additional limitations such as the <br>loss of fine dexterity or inability to sit for long periods.
3.
Medium work shall be work that involves lifting no more than fifty (50) <br>pounds at a time with frequent lifting or carrying of objects weighing up <br>to twenty-five (25) pounds. If the person is deemed capable of medium <br>work, the person shall be deemed capable of light and sedentary work.
4.
Heavy work shall be work that involves lifting no more than one <br>hundred (100) pounds at a time with frequent lifting or carrying of <br>objects weighing up to fifty (50) pounds. If the person is deemed capable <br>of heavy work, the person shall also be deemed capable of medium, <br>light, and sedentary work.
5.
Very heavy work shall be work that involves lifting objects weighing <br>more than one hundred (100) pounds at a time with frequent lifting or <br>carrying of objects weighing fifty (50) or more pounds. If the person is <br>deemed capable of very heavy work, the person shall be deemed capable <br>of heavy, medium, light, and sedentary work.
(5) (a) The disability retirement allowance shall be determined as provided in KRS
16.576, except if the member's total service credit on his last day of paid <br>employment in a regular full-time position is less than twenty (20) years, <br>service shall be added beginning with his last date of paid employment and <br>continuing to his fifty-fifth birthday. The maximum service credit added shall <br>not exceed the total service the member had on his last day of paid <br>employment, and the maximum service credit for calculating his retirement <br>allowance, including his total service and service added under this section, <br>shall not exceed twenty (20) years.
(b) For a member whose participation begins on or after August 1, 2004, the
disability retirement allowance shall be the higher of twenty-five percent <br>(25%) of the member's monthly final rate of pay or the retirement allowance <br>determined in the same manner as for retirement at his normal retirement date <br>with years of service and final compensation being determined as of the date <br>of his disability.
(6) If the member receives a satisfactory determination of total and permanent disability
or hazardous disability pursuant to KRS 61.665 and the disability is the direct result
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of an act in line of duty, the member's retirement allowance shall be calculated as <br>follows: <br>(a) For the disabled member, benefits as provided in subsection (5) of this section
except that the monthly retirement allowance payable shall not be less than <br>twenty-five percent (25%) of the member's monthly final rate of pay; and
(b) For each dependent child of the member on his disability retirement date, who
is alive at the time any particular payment is due, a monthly payment equal to <br>ten percent (10%) of the disabled member's monthly final rate of pay; <br>however, total maximum dependent children's benefit shall not exceed forty <br>percent (40%) of the member's monthly final rate of pay. The payments shall <br>be payable to each dependent child, or to a legally appointed guardian or as <br>directed by the system.
(7) No benefit provided in this section shall be reduced as a result of any change in the
extent of disability of any retired member who is age fifty-five (55) or older.
(8) If a regular full-time officer or hazardous position member has been approved for
benefits under a hazardous disability, the board shall, upon request of the member, <br>permit the member to receive the hazardous disability allowance while accruing <br>benefits in a nonhazardous position, subject to proper medical review of the <br>nonhazardous position's job description by the system's medical examiner.
(9) For a member of the State Police Retirement System, in lieu of the allowance
provided in subsection (5) or (6) of this section, the member may be retained on the <br>regular payroll and receive the compensation authorized by KRS 16.165, if he is <br>qualified.
Effective: July 13, 2004 <br>History: Amended 2004 Ky. Acts ch. 33, sec. 1, effective July 13, 2004; and ch. 36,
sec. 4, effective July 13, 2004. -- Amended 2000 Ky. Acts ch. 385, sec. 4, effective <br>July 14, 2000. -- Amended 1998 Ky. Acts ch. 105, sec. 3, effective July 15, 1998. -- <br>Amended 1996 Ky. Acts ch. 167, sec. 4, effective July 15, 1996. -- Created 1994 Ky. <br>Acts ch. 485, sec. 6, effective July 15, 1994.
Legislative Research Commission Note (7/13/2004). This section was amended by
2004 Ky. Acts chs. 33 and 36, which do not appear to be in conflict and have been <br>codified together.
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