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61.607 Maximum disability benefit -- Determination.

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61.607 Maximum disability benefit -- Determination. Notwithstanding any other provisions of KRS 16.505 to 16.652, 61.510 to 61.705, or <br>78.510 to 78.852, a maximum disability benefit is hereby established which shall apply, <br>upon disability retirement, to any disabled employee's account to which service credit is <br>added to determine disability benefits or in any case where disability benefits are <br>determined by computing a percentage of the disabled employee's final monthly rate of <br>pay. The maximum disability benefit shall be determined by the following formula: <br>(1) Add the monthly benefit payable to the disabled employee from the retirement system, using the monthly disability retirement allowance (not optional plan) but <br>excluding dependent children's allowances, if any, to his monthly benefit, if any, <br>from Social Security, even though these payments may not begin for a period of <br>time as required for qualification under the federal Social Security law, excluding <br>spouse or dependent benefits, and his monthly benefit, if any, from workers' <br>compensation, even though these payments may not have begun as of the date the <br>disabled member applies for disability retirement benefits, excluding spouse or <br>dependent children's allowances, from workers' compensation, to arrive at a <br>projected combined monthly benefit. (2) If the projected combined monthly benefit exceeds one hundred percent (100%) of the disabled employee's final rate of pay or his final compensation, whichever is <br>greater, his disability retirement allowance from the retirement system shall be <br>reduced to an amount which would cause his projected combined monthly benefit to <br>equal one hundred percent (100%) of his final rate of pay or his final compensation, <br>whichever is greater; however, the disability retirement allowance shall not be <br>reduced below an amount which would result from a computation of his disability <br>retirement allowance from the retirement system using the disabled employee's <br>actual total service. (3) The system may pay estimated benefits to a disabled employee, upon qualification for disability retirement, based on an estimate of his Social Security and workers' <br>compensation benefits until the amounts are actually determined, at which time a <br>final calculation of the member's actual benefits shall be determined and his account <br>corrected retroactive to his effective retirement date. (4) Any increase in Social Security benefits or workers' compensation benefits which becomes law, regardless of their effective date, subsequent to the disabled <br>employee's effective retirement date, shall not be considered in determination of the <br>maximum benefit payable, as the maximum benefit payable is based on the amount <br>of combined benefits under these programs as of the disabled employee's effective <br>retirement date. (5) Any disabled recipient whose potential payments from the system were reduced as provided for in this section shall advise the system if his payments under the <br>Federal Social Security Act or Workers' Compensation Act cease at any time <br>subsequent to his effective retirement date. Upon investigation, if the system <br>determines that the disabled recipient continues to be eligible for disability benefits, <br>the system may increase his retirement allowance by adding to his payment an amount equal to the reduction applied upon the effective retirement date in <br>accordance with subsection (2) of this section. Effective: July 14, 1992 <br>History: Amended 1992 Ky. Acts ch. 240, sec. 31, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 349, sec. 20, effective July 15, 1988. -- Amended 1984 Ky. Acts <br>ch. 232, sec. 7, effective July 13, 1984. -- Amended 1976 Ky. Acts ch. 321, sec. 40. -<br>- Created 1974 Ky. Acts ch. 128, sec. 31.