67A.462 Review of disability retirements -- Suspension or termination of disability benefits. - Kentucky Statutes

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67A.462 Review of disability retirements -- Suspension or termination of disability benefits. (1) Once each year following the retirement of a member on a disability retirement allowance, the board may require the person, prior to his normal retirement date, to
undergo a medical examination. Should he refuse to submit to any such medical
examination, his retirement allowance shall be discontinued until his withdrawal of
his refusal, and should his refusal continue for one (1) year, all his rights to any
further disability allowance shall cease. Any member whose medical examination
reveals that he is no longer totally and permanently disabled within the meaning of
KRS 67A.360(16) shall be disqualified from further receipt of disability benefits. (2) (a) Once each year following the retirement of a member on a disability retirement allowance the board shall require the person, prior to his normal
retirement date, to complete and return to the board a statement indicating
whether he is employed, the name of his employer, if any, and a description of
his job duties. The board shall discontinue the disability benefits of any
member for the duration of his refusal to provide the board with employment
information. Any member who fails to provide the information to the board
within one (1) year after the initial request shall lose his right to any further
disability benefits. (b) The board shall have the right to terminate the disability retirement benefits of any member who is employed in an occupation which is essentially similar to
that of his former employment, either in job classification, similarity of duties,
or which otherwise demonstrates that the member is performing activities for
which he earlier claimed he was disabled from performing. For the purpose of
this section, members who were sworn police officers may not hold a sworn
position as peace officer and continue to receive disability benefits. Effective: July 13, 1990
History: Created 1990 Ky. Acts ch. 189, sec. 12, effective July 13, 1990.