21.410 Disability retirement -- Computation. - Kentucky Statutes

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21.410 Disability retirement -- Computation. (1) If upon examination of a member under his normal retirement age by one (1) 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. A member who so retires
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 need not have completed eight (8) years of service in order to be eligible for benefits under subsection (1) of 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 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 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. History: Created 1960 Ky. Acts ch. 84, Art. III, sec. 7.