61.600 Disability retirement. - Kentucky Statutes

Download pdf

Loading PDF...

61.600 Disability retirement. (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 or 78.510; 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
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 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. (5) (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. Effective: July 13, 2004
History: Amended 2004 Ky. Acts ch. 36, sec. 15, effective July 13, 2004. -- Amended 2002 Ky. Acts ch. 52, sec. 25, effective July 15, 2002. -- Amended 2000 Ky. Acts
ch. 385, sec. 19, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 105, sec. 11,
effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 167, sec. 12, effective July
15, 1996. -- Amended 1994 Ky. Acts ch. 485, sec. 16, effective July 15, 1994.