21.410 Disability retirement -- Computation.
581 words·~3 min read·
/ky/chapter-21/21-410A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)If upon examination of a member under his normal retirement age by one
or more qualified physicians employed by the retirement board, it is certified
to the satisfaction of the board that such member is so physically or mentally
disabled as to be incapacitated for further performance of duty, and that such
incapacity is likely to be permanent, the member may retire for disability.
(b)1. A member who began participating in the Judicial Retirement Plan prior
to January 1, 2014, who retires for disability as provided by this
subsection shall be entitled to receive commencing immediately a
disability retirement allowance, payable monthly during his disability, in
an amount equal to one-half (1/2) of the monthly service retirement
allowance he would have received commencing at his normal retirement
date if he had continued in service until that date and had then retired,
computed however on the basis of his final compensation at time of
actual retirement.
2. A member who begins participating in the Judicial Retirement Plan on
or after January 1, 2014, who retires for disability as provided by this
subsection shall be entitled to a disability retirement allowance equal to
the higher of twenty percent (20%) of the member's monthly official
salary or the retirement allowance determined in the same manner as for
retirement at his or her normal retirement date under KRS 21.402.
3. A member who begins participating in the Legislators' Retirement Plan
on or after January 1, 2014, who retires for disability as provided by this
subsection shall be entitled to a disability retirement allowance equal to
the higher of twenty percent (20%) of the member's monthly creditable
compensation or the retirement allowance determined in the same
manner as for retirement at his or her normal retirement date under KRS
21.402.
(a)A member who began participating in the Judicial Retirement Plan prior to
January 1, 2014, need not have completed eight
(8)years of service in order to
be eligible for benefits under subsection
(1)of this section.
(b)A member who begins participating in the Judicial Retirement Plan on or after
January 1, 2014, must have completed at least five
(5)years of service in order
to apply and be eligible for the disability benefits provided by this section.
(3)The retirement board shall cause a member who has been retired for disability and
who is still under his normal retirement age to undergo periodic examination by one
(1)or more qualified physicians employed by the board, to determine whether he
continues to be incapacitated for service of the character required of a judge or
commissioner. If upon any such examination it is certified to the satisfaction of the
board that the member is no longer so incapacitated, or if the member refuses to
submit to examination, the board shall terminate his disability retirement allowance.
He shall then be entitled to such rights, if any, under subsection
(2)or
(3)of KRS
21.400 or under KRS 21.402 as he would have been entitled to had he voluntarily
retired on the date he was retired for disability.
(4)Upon reaching his normal retirement age, a member who began participating in the
plan prior to January 1, 2014, and who has been receiving a disability retirement
allowance may apply for and receive, in lieu thereof, the service retirement
allowance he would have been entitled to receive at normal retirement age had he
voluntarily retired on the date he was retired for disability.