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161.662 Status of disabled teachers and superintendents.

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161.662 Status of disabled teachers and superintendents. (1) Teachers and superintendents with continuing status who retire because of disability shall, notwithstanding provisions of KRS 161.720 to 161.810 to the contrary, retain <br>continuing status in the school district from which they retired for twenty-four (24) <br>calendar months from the date of retirement, if the teacher or superintendent: <br>(a) Is approved for disability retirement under the provisions of KRS 161.661, or <br>(b) Is approved for disability retirement but elects to have benefits calculated on the service retirement formula under the provisions of KRS 161.661, or (c) Is disqualified from receiving disability retirement benefits by KRS 161.661(2) but is otherwise eligible for disability retirement under the <br>remaining provisions of KRS 161.661. (2) (a) If the superintendent recovers from disability and presents written notice of such recovery, supported by the statement of a licensed physician, to the <br>employing board of education within the twenty-four (24) calendar month <br>period but not later than April 15 prior to the beginning of the school term, the <br>board of education shall reinstate the superintendent to active continuing <br>status at the beginning of the school term. If notice of recovery from disability <br>is not presented to the employing board of education within the twenty-four <br>(24) calendar month period, or if the superintendent states to the board, in a <br>verified document, prior to expiration of the twenty-four (24) calendar month <br>period that he or she will not return to employment in the school system, the <br>continuing service contract of the superintendent shall terminate as by <br>retirement under the provisions of KRS 161.661. (b) If the teacher recovers from disability and presents written notice of such recovery, supported by the statement of a licensed physician, to the <br>superintendent within the twenty-four (24) calendar month period but not later <br>than April 15 prior to the beginning of the school term, the superintendent <br>shall reinstate the teacher to active continuing status at the beginning of the <br>school term. If notice of recovery from disability is not presented to the <br>superintendent within the twenty-four (24) calendar month period, or if the <br>teacher states to the superintendent, in a verified document, prior to expiration <br>of the twenty-four (24) calendar month period that he or she will not return to <br>employment in the school system, the continuing service contract of the <br>teacher shall terminate as by retirement under the provisions of KRS 161.661. (3) Retirement because of disability under this section shall not be cause for termination of the contract of a teacher or superintendent under KRS 161.790 <br>during the twenty-four (24) calendar month period described in this section. A <br>teacher or superintendent who applies for disability retirement under the provisions <br>of KRS 161.661 shall retain continuing service status during the period of time the <br>application for disability retirement is being processed. If the application is not <br>approved, the teacher or superintendent may return to the contract, employment, or <br>leave status held prior to submission of the application. (4) (a) If the superintendent recovers from the disability and presents written notice of such recovery, supported by the statement of a licensed physician, to the <br>employing board of education within twenty-five (25) through forty-two (42) <br>months from the date of retirement, the board shall give priority consideration <br>to reemployment of the superintendent for the first available position for <br>which the superintendent is qualified and certified. (b) If the teacher recovers from the disability and presents written notice of such recovery, supported by the statement of a licensed physician, to the <br>superintendent within twenty-five (25) through forty-two (42) months from <br>the date of retirement, the superintendent shall give priority consideration to <br>reemployment of the teacher for the first available position for which the <br>teacher is qualified and certified. Effective: July 13, 1990 <br>History: Amended 1990 Ky. Acts ch. 476, Pt. IV, sec. 246, effective July 13, 1990. -- Created 1982 Ky. Acts ch. 219, sec. 1, effective July 15, 1982.