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95.863 Total and permanent disability not occasioned by duties of member -- Accrual of annuity -- Cost-of-living increases.

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95.863 Total and permanent disability not occasioned by duties of member -- Accrual of annuity -- Cost-of-living increases. (1) Upon total and permanent disability of a member as the result of any cause other than occupational disability, if a member shall have rendered at least ten (10) years <br>of total service, he shall be entitled to a disability retirement annuity. The amount of <br>such annuity shall be equal to two and one-half percent (2-1/2%) of average salary, <br>as defined in KRS 95.851(13), for each full year of total service, subject to a <br>minimum payment of twenty-five percent (25%) of such average salary, and a <br>maximum payment, excluding cost-of-living increases, of fifty percent (50%) of <br>average salary. If the calculated monthly benefit is less than five hundred dollars <br>(&#36;500) per month, the board may increase the monthly benefit to a minimum of five <br>hundred dollars (&#36;500) monthly if the increase can be supported on an actuarially <br>sound basis by the fund. Payment of this annuity shall be made during disability of <br>the member. Any member who retired prior to June 21, 1974, shall receive an <br>increase of ten dollars (&#36;10) per month for each year or part thereof of retirement <br>prior to June 21, 1974, with a maximum increase of one hundred seventy dollars <br>(&#36;170) per month. Upon death of the member, if an eligible widow or minor <br>children survive, such survivors shall be entitled to the regular annuities provided <br>under KRS 95.861. (2) Any annuity for nonoccupational disability shall begin to accrue upon the expiration of ninety (90) days following the commencement of disability, provided that, if the <br>member is receiving salary for sick leave for a period of more than ninety (90) days, <br>payment shall accrue from the date such salary ceases. If written application for <br>such annuity shall not have been filed with the board prior to the expiration of <br>ninety (90) days from the date of disability, the annuity shall begin to accrue from <br>the date the application shall be filed but not prior to the expiration of ninety (90) <br>days from the date of disability, nor in any event prior to the time when salary <br>payments to the employee shall have ceased. (3) Any member retired pursuant to this section shall receive the same cost-of-living increases granted to other retirees pursuant to the terms of KRS 95.859(3). Effective: July 14, 2000 <br>History: Amended 2000 Ky. Acts ch. 341, sec. 5, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 132, sec. 3, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. <br>84, sec. 2, effective March 24, 1992. -- Amended 1984 Ky. Acts ch. 351, sec. 5, <br>effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 367, sec. 4, effective July 15, <br>1980. -- Amended 1974 Ky. Acts ch. 396, sec. 6. -- Created 1956 Ky. Acts ch. 16, <br>sec. 13, effective July 1, 1956.