95.863 Total and permanent disability not occasioned by duties of member --
379 words·~2 min read·
/ky/95-863A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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
of total service, he shall be entitled to a disability retirement annuity. The amount of
such annuity shall be equal to two and one-half percent (2-1/2%) of average salary,
as defined in KRS 95.851(13), for each full year of total service, subject to a
minimum payment of twenty-five percent (25%) of such average salary, and a
maximum payment, excluding cost-of-living increases, of fifty percent (50%) of
average salary. If the calculated monthly benefit is less than five hundred dollars
($500) per month, the board may increase the monthly benefit to a minimum of five
hundred dollars ($500) monthly if the increase can be supported on an actuarially
sound basis by the fund. Payment of this annuity shall be made during disability of
the member. Any member who retired prior to June 21, 1974, shall receive an
increase of ten dollars ($10) per month for each year or part thereof of retirement
prior to June 21, 1974, with a maximum increase of one hundred seventy dollars
($170) per month. Upon death of the member, if an eligible widow or minor
children survive, such survivors shall be entitled to the regular annuities provided
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
member is receiving salary for sick leave for a period of more than ninety
(90)days,
payment shall accrue from the date such salary ceases. If written application for
such annuity shall not have been filed with the board prior to the expiration of
ninety
(90)days from the date of disability, the annuity shall begin to accrue from
the date the application shall be filed but not prior to the expiration of ninety
days from the date of disability, nor in any event prior to the time when salary
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).