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

452 words·~2 min read·/ky/67a-462

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

benefits -- Investigations, hearings, and appeals.

(1)Once each year following the retirement of a member on a disability retirement

allowance, the board may require the person, prior to his or her normal retirement

date, to undergo a medical examination. Should he or she refuse to submit to any

such medical examination, his or her retirement allowance shall be discontinued

until his or her withdrawal of his or her refusal, and should his or her refusal

continue for one

(1)year, all his or her rights to any further disability allowance

shall cease. Any member whose medical examination reveals that he or she is no

longer totally and permanently disabled within the meaning of KRS 67A.360(16)

shall be disqualified from further receipt of disability benefits.

(a)Once each year following the retirement of a member on a disability

retirement allowance, the board shall require the person, prior to his or her

normal retirement date, to complete and return to the board a statement

indicating whether he or she is employed, the name of his or her employer, if

any, and a description of his or her job duties. The board shall discontinue the

disability benefits of any member for the duration of his or her refusal to

provide the board with employment information. Any member who fails to

provide the information to the board within one

(1)year after the initial

request shall lose his or her right to any further 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

that of his or her former employment, either in job classification, similarity of

duties, or which otherwise demonstrates that the member is performing

activities for which he or she earlier claimed he or she was disabled from

performing. For the purpose of this section, members may not hold a sworn

position as an elected, paid, or volunteer peace officer, firefighter, paramedic,

or any other position generally considered to be a public safety position that

otherwise qualifies for hazardous duty salary, retirement, or death benefits

under the laws of the Commonwealth or the laws applicable to such

employment within the state or federal jurisdiction governing the position, and

continue to receive disability benefits.

(3)The board is authorized to make reasonable investigative inquiries, conduct a

hearing, and request the appearance of witnesses, including the member receiving

disability benefits, to ensure compliance with this section. Any member whose

disability benefits are terminated may request a rehearing before the board under

KRS 67A.660. A member may seek judicial review of any final order of the board

revoking disability benefits in accordance with KRS 67A.670.