61.600 Disability retirement.
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/ky/chapter-61/61-600A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Any person may qualify to retire on disability, subject to the following
conditions:
(a)The person shall have sixty
(60)months of service, twelve
(12)of which
shall be current service credited under KRS 16.543(1), 61.543(1), or
78.615(1);
(b)For a person whose membership date is prior to August 1, 2004, the
person shall not be eligible for an unreduced retirement allowance;
(c)The person's application shall be on file in the retirement office no later
than twenty-four
(24)months after the person's last day of paid
employment, as defined in KRS 61.510, in a regular full-time position, as
defined in KRS 61.510; and
(d)The person shall receive a satisfactory determination pursuant to KRS
61.665.
(2)A person's disability reapplication based on the same claim of incapacity shall
be accepted and reconsidered for disability if accompanied by new objective
medical evidence. The reapplication shall be on file in the retirement office no
later than twenty-four
(24)months after the person's last day of paid
employment in a regular full-time position.
(3)Upon the examination of the objective medical evidence by licensed physicians
pursuant to KRS 61.665, it shall be determined that:
(a)The person, since his last day of paid employment, has been mentally or
physically incapacitated to perform the job, or jobs of like duties, from
which he received his last paid employment. In determining whether the
person may return to a job of like duties, any reasonable accommodation
by the employer as provided in 42 U.S.C. sec. 12111(9) and 29 C.F.R.
Part 1630 shall be considered;
(b)The incapacity is a result of bodily injury, mental illness, or disease. For
purposes of this section, "injury" means any physical harm or damage to
the human organism other than disease or mental illness;
(c)The incapacity is deemed to be permanent; and
(d)The incapacity does not result directly or indirectly from bodily injury,
mental illness, disease, or condition which pre-existed membership in the
system or the County Employees Retirement System or reemployment,
whichever is most recent. For purposes of this subsection, reemployment
shall not mean a change of employment between employers participating
in the retirement systems administered by the Kentucky Retirement
Systems or the County Employees Retirement System with no loss of
service credit.
(4)Paragraph
(d)of subsection
(3)of this section shall not apply if:
(a)The incapacity is a result of bodily injury, mental illness, disease, or
condition which has been substantially aggravated by an injury or
accident arising out of or in the course of employment; or
(b)The person has at least sixteen
(16)years' current or prior service for
employment with employers participating in the retirement systems
administered by the Kentucky Retirement Systems or the County
Employees Retirement System.
(a)1. An incapacity shall be deemed to be permanent if it is expected to
result in death or can be expected to last for a continuous period of
not less than twelve
(12)months from the person's last day of paid
employment in a regular full-time position.
2. The determination of a permanent incapacity shall be based on the
medical evidence contained in the member's file and the member's
residual functional capacity and physical exertion requirements.
(b)The person's residual functional capacity shall be the person's capacity
for work activity on a regular and continuing basis. The person's physical
ability shall be assessed in light of the severity of the person's physical,
mental, and other impairments. The person's ability to walk, stand, carry,
push, pull, reach, handle, and other physical functions shall be considered
with regard to physical impairments. The person's ability to understand,
remember, and carry out instructions and respond appropriately to
supervision, coworkers, and work pressures in a work setting shall be
considered with regard to mental impairments. Other impairments,
including skin impairments, epilepsy, visual sensory impairments, postural
and manipulative limitations, and environmental restrictions, shall be
considered in conjunction with the person's physical and mental
impairments to determine residual functional capacity.
(c)The person's physical exertion requirements shall be determined based
on the following standards:
1. Sedentary work shall be work that involves lifting no more than ten
(10)pounds at a time and occasionally lifting or carrying articles
such as large files, ledgers, and small tools. Although a sedentary
job primarily involves sitting, occasional walking and standing may
also be required in the performance of duties.
2. Light work shall be work that involves lifting no more than twenty
(20)pounds at a time with frequent lifting or carrying of objects
weighing up to ten
(10)pounds. A job shall be in this category if
lifting is infrequently required but walking and standing are
frequently required, or if the job primarily requires sitting with
pushing and pulling of arm or leg controls. If the person has the
ability to perform substantially all of these activities, the person shall
be deemed capable of light work. A person deemed capable of light
work shall be deemed capable of sedentary work unless the person
has additional limitations such as the loss of fine dexterity or inability
to sit for long periods.
3. Medium work shall be work that involves lifting no more than fifty
(50)pounds at a time with frequent lifting or carrying of objects
weighing up to twenty-five
(25)pounds. If the person is deemed
capable of medium work, the person shall be deemed capable of
light and sedentary work.
4. Heavy work shall be work that involves lifting no more than one
hundred
(100)pounds at a time with frequent lifting or carrying of
objects weighing up to fifty
(50)pounds. If the person is deemed
capable of heavy work, the person shall also be deemed capable of
medium, light, and sedentary work. 5. Very heavy work shall be work that involves lifting objects weighing
more than one hundred
(100)pounds at a time with frequent lifting
or carrying of objects weighing fifty
(50)or more pounds. If the
person is deemed capable of very heavy work, the person shall be
deemed capable of heavy, medium, light, and sedentary work.