95.864 Medical examination to determine disability -- Certification of examining physicians -- Termination of policeman's or firefighter's disability retirement annuity -- Appeal. - Kentucky Statutes

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95.864 Medical examination to determine disability -- Certification of examining physicians -- Termination of policeman's or firefighter's disability retirement
annuity -- Appeal. (1) For the purpose of KRS 95.851 to 95.884 and KRS 95.991, a member shall be considered totally and permanently disabled after the board shall have 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. If upon consideration of the report of such physicians 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 city 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 city. (2) If, after the board grants a policeman or firefighter a disability retirement annuity, the board determines that a policeman so retired is performing police work for
another employer, or that a firefighter so retired is performing firefighting duties for
another employer, and that the duties performed for the new employer are
substantially the same as those which the retired member performed for the city,
then the board may terminate the retired member's disability retirement annuity. (3) If the board terminates a retired member's disability retirement annuity pursuant to subsection (2) of this section, the city shall offer the member reemployment with
the police or fire department in order that the member may, if he chooses, complete
the service required for normal retirement. Time spent in disability retirement shall
not count as service credit for normal retirement. (4) A retired member aggrieved by termination of his disability retirement annuity may appeal the decision of the board to the Circuit Court of the county in which the
board is located. The scope of the appeal shall be limited to whether the board
abused its discretion in terminating the retirement benefit. Effective: July 15, 1980
History: Amended 1980 Ky. Acts ch. 188, sec. 86, effective July 15, 1980; and ch. 367, sec. 5, effective July 15, 1980. -- Created 1956 Ky. Acts ch. 16, sec. 14, effective
July 1, 1956. Legislative Research Commission Note (11/21/96). In 1974, the Reviser of Statutes renumbered KRS 95.885 as KRS 95.991. 1980 Ky. Acts ch. 188, sec. 86, a revisory
act, mistakenly changed a reference in this statute from "KRS 95.851 to 95.885" to
"KRS 95.851 to 95.991." Because this change would appear to effect a substantive
change in the law, it has been disregarded, and the reference has been made to read
"KRS 95.851 to 95.884 and KRS 95.991" under KRS 7.123(4) and 7.136(1)(a).