KRS § 61.600 — KY Code / Title VIII / Chapter 61 / Section 61.600
61.600 Disability retirement
Status: in_force

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; 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 the County Employees Retirement 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 or the County Employees Retirement System 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 or the County

Employees Retirement System.

(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.