67A.460 Permanent occupational disability -- Annuity rate -- Disability
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/ky/67a-460A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
retirement benefits -- Reversion to service retirement precluded.
(1)If a total and permanent occupational disability occurs, the member shall
receive an annuity calculated pursuant to subsection
(2)of this section. This
benefit shall begin at the time the member's salary ceases, and shall be paid
during his or her entire lifetime. At the member's death, his or her eligible
surviving spouse, if any, shall receive the benefits as provided under KRS
67A.492, and his or her minor children, if any, shall receive benefits as
provided under KRS 67A.440.
(2)The minimum annuity rate for a total and permanent occupational disability
shall be:
(a)Fifty percent (50%) of the member's last rate of salary if the member's
rate of disability is less than twenty percent (20%) and the disablement is
the direct result of documented occupational injuries for service to the
department that occurred on or after July 1, 2013;
(b)Sixty percent (60%) of the member's last rate of salary if the member's
rate of disability is less than twenty percent (20%) and the disablement is
the direct result of documented occupational injuries for service to the
department that occurred prior to July 1, 2013; or
(c)Sixty percent (60%) of the member's last rate of salary if the member's
rate of disability is equal to twenty percent (20%) or more. The minimum
annuity rate provided by this paragraph shall be increased by one half
(1/2) of the amount by which the member's percentage of disability
exceeds twenty percent (20%), but this increase shall be not more than
fifteen percent (15%) of the member's last rate of salary and the
member's total annuity shall not be greater than seventy-five percent
(75%) of his or her last rate of salary.
(3)The member's percentage of disability shall be the average of the impairment
rating determined by two
(2)physicians selected by the board under KRS
67A.480, using the "Guides to the Evaluation of Permanent Impairment".
(a)If a member is eligible for a service retirement annuity under KRS
67A.410 and the amount of the member's service retirement annuity
would exceed the amount of his or her total and permanent occupational
disability annuity, as determined by the board under this section, then the
member may elect to receive an additional service retirement annuity
payment equal to the amount by which the member's service retirement
annuity would have exceeded the amount of his or her total and
permanent occupational disability annuity, in addition to the member's
disability annuity, by filing with the board the application required by KRS
67A.410.
(b)Effective July 1, 2022, any member who is approved by the board to
convert a service retirement to a disability retirement shall be precluded
from requesting to revert back to a service retirement. The provisions of
this paragraph shall apply to any member who begins receiving disability
retirement on or after July 1, 2022, or any member who has been
approved for a disability retirement prior to July 1, 2022, but has not yet
reverted back to a service retirement.