61.615 Vocational experts -- Disability retirement allowance -- Reduction --
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/ky/61-615A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Discontinuance -- Determinations by medical examiner or vocational expert --
Hearings and appeals -- Early retirement and reinstatement of disability
allowance for member who began participating before January 1, 2014.
(a)The Authority may contract for the services of one
(1)or more vocational
experts upon terms and conditions it prescribes to:
1. Review and investigate all employment information and forms
submitted by a disability recipient under this section and KRS 61.610;
and
2. Report in writing to the Authority the conclusions and recommendations
upon all matters referred for review and investigation.
(b)A vocational expert providing services to the Authority shall have a master's
degree or higher degree in counseling or rehabilitation, an American Board of
Vocational Experts certification, or a certification as a Certified Rehabilitation
Counselor, Certified Disability Management Specialist, Associate Disability
Case Manager, Licensed Rehabilitation Counselor, or Certified Case
Manager.
(a)Each recipient of a disability retirement allowance who is engaged in gainful
employment shall notify the Authority upon beginning the employment. If the
member fails to notify the Authority of the gainful employment, the Authority
may recover the payment of a disability retirement allowance made during the
gainful employment.
(b)The system may reduce or discontinue a disability retirement allowance if the
Authority's medical examiner selected under KRS 61.665 or vocational expert
selected under this section determines that:
1. A recipient of a disability retirement allowance is, prior to his or her
normal retirement date, gainfully employed in a position with the same
or similar duties, or in a position with duties requiring greater residual
functional capacity and physical exertion, as the position from which he
or she was disabled, except where the recipient has returned to work on
a trial basis not to exceed nine
(9)months; or
2. A recipient of a disability allowance resulting solely from mental illness
is, prior to his or her normal retirement date, gainfully employed in a
position with the same or similar duties, or in a position with duties
requiring greater residual functional capacity, as the position from which
he or she was disabled.
(3)The system may reduce or discontinue a disability retirement allowance if the
Authority's medical examiner determines that a recipient of a disability retirement
allowance is, prior to his or her normal retirement date, no longer incapacitated by
the bodily injury, mental illness, or disease for which he or she receives a disability
retirement allowance.
(a)The system shall have full power and exclusive authority to reduce or
discontinue a disability retirement allowance, and the Authority shall utilize
the services of a medical examiner as provided in KRS 61.665 or a vocational
expert selected under this section, in determining whether to continue, reduce,
or discontinue a disability retirement allowance under this section.
(b)The Authority shall select one
(1)medical examiner to evaluate the forms and
employment and medical information submitted by the person. If only
employment information is submitted, the Authority may select one
vocational expert to evaluate the forms and employment information
submitted by the person. If there is objective medical evidence of a mental
impairment, the medical examiner may request the Authority's licensed
mental health professional to assist in determining the level of the mental
impairment.
(c)The medical examiner or vocational expert shall be paid a reasonable amount
by the Authority for each case evaluated.
(d)1. The medical examiner or vocational expert shall recommend that
disability retirement allowance be continued, reduced, or discontinued.
2. If the medical examiner or vocational expert recommends that the
disability retirement allowance be continued, the system shall make
retirement payments in accordance with the retirement plan selected by
the person.
3. a. If the medical examiner or vocational expert recommends that the
disability retirement allowance be reduced or discontinued, the
Authority shall send notice of the recommendation by United
States first-class mail to the person's last address on file in the
retirement office, by electronic mail to the person's last electronic
mail address on file in the retirement office, or by other electronic
means.
b. The person shall have sixty
(60)days from the day that the
Authority sent the notice to file at the retirement office additional
supporting employment or medical information and certify to the
retirement office that the forms and additional supporting
employment information or medical information are ready to be
evaluated by the medical examiner or vocational expert or to
appeal the recommendation of the medical examiner or vocational
expert to reduce or discontinue the disability retirement allowance
by filing at the retirement office a request for a formal hearing.
c. If the person fails or refuses to file at the retirement office the
forms, the additional supporting employment information, and
current medical information or to appeal the recommendation of
the medical examiner or vocational expert to reduce or discontinue
the disability retirement allowance, his or her retirement allowance
shall be discontinued on the first day of the month following the
expiration of the period of the sixty
(60)days from the day the
Authority sent the notice of the recommendation by United States
first-class mail to the person's last address on file in the retirement
office, by electronic mail to the person's last electronic mail
address on file in the retirement office, or by other electronic
means.
(e)1. The medical examiner shall make a recommendation based upon the
evaluation of additional supporting employment and medical
information submitted in accordance with paragraph (d)3.b. of this
subsection, or the vocational expert shall make a recommendation upon
the evaluation of additional supporting employment information
submitted in accordance with paragraph (d)3.b. of this subsection.
2. If the medical examiner or vocational expert recommends that the
disability retirement allowance be continued, the system shall make
disability retirement payments in accordance with the retirement plan
selected by the person.
3. a. If the medical examiner recommends that the disability retirement
allowance be reduced or discontinued based upon the evaluation of
additional supporting employment information and medical
information, or if the vocational expert recommends that the
disability allowance be reduced or discontinued based upon the
evaluation of additional supporting employment information, the
Authority shall send notice of this recommendation by United
States first-class mail to the person's last address on file in the
retirement office, by electronic mail to the person's last electronic
mail address on file in the retirement office, or by other electronic
means.
b. The person shall have sixty
(60)days from the day that the
Authority sent the notice of the recommendation to appeal the
recommendation to reduce or discontinue the disability retirement
allowance by filing at the retirement office a request for formal
hearing.
c. If the person fails or refuses to appeal the recommendation of the
medical examiner or vocational expert to reduce or discontinue the
disability retirement allowance, his or her retirement allowance
shall be discontinued on the first day of the month following the
expiration of the period of the sixty
(60)days from the day the
Authority sent the notice of the recommendation by United States
first-class mail to the person's last address on file in the retirement
office, by electronic mail to the person's last electronic mail
address on file in the retirement office, or by other electronic
means.
(f)Any person whose disability benefits have been reduced or discontinued,
pursuant to paragraph (d)3.a. or (e)3.a. of this subsection, may file at the
retirement office a request for formal hearing to be conducted in accordance
with KRS Chapter 13B. The right to demand a formal hearing shall be limited
to a period of sixty
(60)days after the person had notice, as described in
paragraph
(d)or
(e)of this subsection. The request for formal hearing shall be
filed with the Authority, at the retirement office in Frankfort. The request for
formal hearing shall include a short and plain statement of the reasons the
reduction, discontinuance, or denial of disability retirement is being contested.
(g)Failure of the person to request a formal hearing within the period of time
specified shall preclude the person from proceeding any further with
contesting the reduction or discontinuation of disability retirement allowance,
except as provided in subsection (7)(d) of this section. This paragraph shall
not limit the person's right to appeal to a court.
(h)A final order of the board shall be based on substantial evidence appearing in
the record as a whole and shall set forth the decision of the board and the facts
and law upon which the decision is based. If the board orders that the person's
disability retirement allowance be discontinued or reduced, the order shall
take effect on the first day of the month following the day the system sent the
order by United States first-class mail to the person's last address on file in the
retirement office, by electronic mail to the person's last electronic mail
address on file in the retirement office, or by other electronic means. Judicial
review of the final board order shall not operate as a stay and the system shall
discontinue or reduce the person's disability retirement allowance as provided
in this section.
(i)Notwithstanding any other provisions of this section, the system may require
the person to submit to one
(1)or more medical or psychological
examinations at any time. The system shall be responsible for any costs
associated with any examinations of the person requested by the medical
examiner or the system for the purpose of providing medical information
deemed necessary by the medical examiner or the system. Notice of the time
and place of the examination shall be provided to the person or his or her legal
representative. If the person fails or refuses to submit to one
(1)or more
medical examinations, his or her rights to further disability retirement
allowance shall cease.
(j)All requests for a hearing pursuant to this section shall be made in writing.
(5)The board may establish an appeals committee whose members shall be appointed
by the chair and who shall have the authority to act upon the recommendations and
reports of the hearing officer pursuant to this section on behalf of the board.
(6)Any person aggrieved by a final order of the board may seek judicial review after
all administrative appeals have been exhausted by filing a petition for judicial
review in the Franklin Circuit Court in accordance with KRS Chapter 13B.
(7)If a disability retirement allowance is reduced or discontinued for a person who
began participating in the system prior to January 1, 2014, the person may apply for
early retirement benefits as provided under KRS 61.559, subject to the following
provisions:
(a)The person may not change his or her beneficiary or payment option, except
as provided by KRS 61.542(5);
(b)If the person has returned to employment with an employer participating in
the Kentucky Employees Retirement System, State Police Retirement System,
or County Employees Retirement System, the service and creditable
compensation shall be used in recomputing his or her benefit, except that the
person's final compensation shall not be less than the final compensation last
used in determining his or her retirement allowance;
(c)The benefit shall be reduced as provided by KRS 61.595(2);
(d)1. The person shall remain eligible for reinstatement of his or her disability
allowance upon reevaluation until his or her normal retirement age. The
person shall apply for reinstatement of disability benefits in accordance
with the provisions of this paragraph.
2. An application for reinstatement of disability benefits shall be
administered as an application under KRS 61.600, except:
a. Only the bodily injuries, mental illnesses, diseases, or conditions
for which the person was originally approved for disability
benefits shall be considered. Bodily injuries, mental illnesses,
diseases, or conditions that came into existence after the person's
last day of paid employment shall not be considered as a basis for
reinstatement of disability benefits. Bodily injuries, mental
illnesses, diseases, or conditions alleged by the person as being
incapacitating, but which were not the basis for the award of
disability retirement benefits, shall not be considered;
b. A person whose disability allowance was discontinued under
subsection
(2)of this section, who is still employed in the same
position on which his or her disability allowance was
discontinued, shall submit with the application employment
information detailing the changes to the position evidencing cause
for reinstatement;
c. A person whose disability allowance was discontinued under
subsection
(3)of this section shall provide with the application
new objective medical evidence not previously considered by the
Authority's medical examiner; and
d. The application for reinstatement shall be reviewed by one
medical examiner or vocational expert.
3. If the person establishes that the disability benefits should be reinstated,
the retirement system shall pay disability benefits effective from the first
day of the month following the month in which the person applied for
reinstatement of the disability benefits; and
(e)Upon attaining normal retirement age, the person shall receive the higher of
either his or her disability retirement allowance or his or her early retirement
allowance.
(8)If a disability retirement allowance is reduced or discontinued for a person who
began participating in the system on or after January 1, 2014, the person shall
remain eligible for reinstatement of his or her disability allowance as provided
under subsection (7)(d) of this section.
(9)No disability retirement allowance shall be reduced or discontinued by the system
after the person's normal retirement date except in case of reemployment as
provided for by KRS 61.637. If a disability retirement allowance has been reduced
or discontinued, except if the person is reemployed as provided for by KRS 61.637, the retirement allowance shall be reinstated upon attainment of the person's normal retirement date to the retirement allowance prior to adjustment. No reinstated payment shall be less than the person is receiving upon attainment of the person's normal retirement date.