61.600 Disability retirement.
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61.600 Disability retirement.
(1) Any person may qualify to retire on disability, subject to the following conditions:
(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);
(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 61.510, in a regular full-time position, as defined in KRS <br>61.510 or 78.510; and
(d) The person shall receive a satisfactory determination pursuant to KRS 61.665.
(2) A person's disability reapplication based on the same claim of incapacity shall be
accepted and reconsidered for disability if accompanied by new objective medical <br>evidence. The reapplication shall be on file in the retirement office no later than <br>twenty-four (24) months after the person's last day of paid employment in a regular <br>full-time 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 person, since his last day of paid employment, has been mentally or
physically incapacitated to perform the job, or jobs of like duties, from which <br>he received his last paid employment. In determining whether the person may <br>return to a job of like duties, any reasonable accommodation by the employer <br>as provided in 42 U.S.C. sec. 12111(9) and 29 C.F.R. Part 1630 shall be <br>considered;
(b) The incapacity is a result of 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;
(c) The incapacity is deemed to be permanent; and <br>(d) The incapacity does not result directly or indirectly from bodily injury, mental
illness, disease, or condition which pre-existed membership in the system or <br>reemployment, whichever is most recent. For purposes of this subsection, <br>reemployment shall not mean a change of employment between employers <br>participating in the retirement systems administered by the Kentucky <br>Retirement Systems with no loss of service credit.
(4) Paragraph (d) of subsection (3) of this section shall not apply if:
(a) The incapacity is a result of bodily injury, mental illness, disease, or condition
which has been substantially aggravated by an injury or accident arising out of <br>or in the course of employment; or
(b) The person has at least sixteen (16) years' current or prior service for
employment with employers participating in the retirement systems <br>administered by the Kentucky Retirement Systems.
(5) (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 regular full-time 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 <br>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
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.
Effective: July 13, 2004 <br>History: Amended 2004 Ky. Acts ch. 36, sec. 15, effective July 13, 2004. -- Amended
2002 Ky. Acts ch. 52, sec. 25, effective July 15, 2002. -- Amended 2000 Ky. Acts <br>ch. 385, sec. 19, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 105, sec. 11, <br>effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 167, sec. 12, effective July <br>15, 1996. -- Amended 1994 Ky. Acts ch. 485, sec. 16, effective July 15, 1994. </p>
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