(1) Once each year following the retirement of a person on a disability retirement allowance, except for persons who become totally and permanently disabled as a direct result of an act in line of duty as defined in KRS § 78.510 or become disabled as a result of a duty-related injury as defined in KRS § 61.621 in which case shall be once every three (3) years following retirement, or less frequently as determined by the Authority’s medical examiner but not less than once every five (5) years, the system may require the person, prior to his or her normal retirement date, to undergo an employment and medical staff review and, if necessary, be required to file at the retirement office on the review form prescribed by the Authority current employment information and current medical information for the bodily injury, mental illness, or disease for which he or she receives a disability retirement allowance. The person shall have one hundred eighty (180) days from the day the Authority sent the review form by United States first-class mail to the person’s last address on file in the retirement office, by electronic mail to the person’s last electronic mail address on file in the retirement office, or by other electronic means to file at the retirement office the review form and the current employment and medical information. The person shall certify to the Authority that the review form, including current employment and medical information, is ready to be evaluated by the medical examiner in accordance with KRS § 78.5528.
(2) If, after good faith efforts, the person informs the Authority that he or she has been unable to obtain the employment or medical information, the Authority shall assist the person in obtaining the records and may use the powers granted pursuant to KRS § 61.685(1) to obtain the records.
(3) If the person fails or refuses to file at the retirement office the review form, including the current employment and medical information, his or her retirement allowance shall be discontinued or reduced on the first day of the month following the expiration of the one hundred eighty (180) days from the day the Authority sent the review form by United States first-class mail to the person’s last address on file in the retirement office, by electronic mail to the person’s last electronic mail address on file in the retirement office, or by other electronic means. The Authority shall send notice of the discontinuance or reduction of the disability retirement allowance by United States first-class mail to the person’s last address on file in the retirement office, by electronic mail to the person’s last electronic mail address on file in the retirement office, or by other electronic means. If the person’s benefits are discontinued or reduced under this section, his or her rights to further disability retirement allowances shall cease, except as provided by KRS § 78.5528.
(4) The Kentucky Public Pensions Authority shall hire or contract for the services of one (1) or more investigators to investigate potential fraud involving disability benefits with the system. The investigators shall evaluate potential cases of disability fraud and conduct spot audits for potential fraud as determined by the system in cases involving members who become totally and permanently disabled as a direct result of an act in line of duty as defined in KRS § 78.510 or
become disabled as a result of a duty-related injury as defined in KRS § 61.621.
Effective:April 14, 2022
History: Amended 2022 Ky. Acts ch. 216, sec. 21, effective April 14, 2022. — Created 2021 Ky. Acts ch. 102, sec. 9, effective April 1, 2021.