Kentucky Statutes 67A.480 – Medical examination to determine disability — Certification of examining physicians — Rehearing or judicial review
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(1) For the purpose of KRS § 67A.360 to KRS § 67A.690, a member shall be considered totally and permanently disabled after the board has received written certification by at least two (2) licensed and practicing physicians selected by the board that the member is totally and likely to be permanently disabled for the further performance of the duties of any assigned position in the service of the department.
(2) For members who make an application for total and permanent occupational disability, at least two (2) licensed and practicing physicians selected by the board must also certify in writing that the member’s disability is due to an occupational cause. If such physicians do not concur as to whether the member’s disability is due to an occupational cause, the board may, with the consent of the member, grant the member a disability retirement due to a cause other than occupational disability under the provisions of KRS § 67A.470.
(3) If upon consideration of the report of such physicians as provided by subsections (1) and (2) of this section and such other evidence as shall have been presented to it by the member or others interested therein, the board finds the member to be totally and permanently disabled, it shall grant him a disability retirement annuity upon written certification that the member has been separated from the service of the government because of total disability of such nature as to reasonably prevent further service for the employer, and as a consequence is not entitled to compensation from the government.
(4) Nothing contained in this section shall be construed to limit the ability of a member to seek a rehearing in accordance with KRS § 67A.660 or judicial review in accordance with KRS § 67A.670 of a disability determination or calculation of a disability retirement annuity by the board.
Effective:July 1, 2022
History: Amended 2022 Ky. Acts ch. 140, sec. 7, effective July 1, 2022. — Created
1974 Ky. Acts ch. 106, sec. 13, effective July 1, 1974.
(2) For members who make an application for total and permanent occupational disability, at least two (2) licensed and practicing physicians selected by the board must also certify in writing that the member’s disability is due to an occupational cause. If such physicians do not concur as to whether the member’s disability is due to an occupational cause, the board may, with the consent of the member, grant the member a disability retirement due to a cause other than occupational disability under the provisions of KRS § 67A.470.
Terms Used In Kentucky Statutes 67A.480
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(3) If upon consideration of the report of such physicians as provided by subsections (1) and (2) of this section and such other evidence as shall have been presented to it by the member or others interested therein, the board finds the member to be totally and permanently disabled, it shall grant him a disability retirement annuity upon written certification that the member has been separated from the service of the government because of total disability of such nature as to reasonably prevent further service for the employer, and as a consequence is not entitled to compensation from the government.
(4) Nothing contained in this section shall be construed to limit the ability of a member to seek a rehearing in accordance with KRS § 67A.660 or judicial review in accordance with KRS § 67A.670 of a disability determination or calculation of a disability retirement annuity by the board.
Effective:July 1, 2022
History: Amended 2022 Ky. Acts ch. 140, sec. 7, effective July 1, 2022. — Created
1974 Ky. Acts ch. 106, sec. 13, effective July 1, 1974.