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67A.462 Review of disability retirements -- Suspension or termination of disability benefits.

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67A.462 Review of disability retirements -- Suspension or termination of disability benefits. (1) Once each year following the retirement of a member on a disability retirement allowance, the board may require the person, prior to his normal retirement date, to <br>undergo a medical examination. Should he refuse to submit to any such medical <br>examination, his retirement allowance shall be discontinued until his withdrawal of <br>his refusal, and should his refusal continue for one (1) year, all his rights to any <br>further disability allowance shall cease. Any member whose medical examination <br>reveals that he is no longer totally and permanently disabled within the meaning of <br>KRS 67A.360(16) shall be disqualified from further receipt of disability benefits. (2) (a) Once each year following the retirement of a member on a disability retirement allowance the board shall require the person, prior to his normal <br>retirement date, to complete and return to the board a statement indicating <br>whether he is employed, the name of his employer, if any, and a description of <br>his job duties. The board shall discontinue the disability benefits of any <br>member for the duration of his refusal to provide the board with employment <br>information. Any member who fails to provide the information to the board <br>within one (1) year after the initial request shall lose his right to any further <br>disability benefits. (b) The board shall have the right to terminate the disability retirement benefits of any member who is employed in an occupation which is essentially similar to <br>that of his former employment, either in job classification, similarity of duties, <br>or which otherwise demonstrates that the member is performing activities for <br>which he earlier claimed he was disabled from performing. For the purpose of <br>this section, members who were sworn police officers may not hold a sworn <br>position as peace officer and continue to receive disability benefits. Effective: July 13, 1990 <br>History: Created 1990 Ky. Acts ch. 189, sec. 12, effective July 13, 1990.