KRS § 21.410 — KY Code / Title IV / Chapter 21 / Section 21.410
21.410 Disability retirement -- Computation
Status: in_force

21.410 Disability retirement -- Computation.

(1) (a) 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.

(b) 1. A member who began participating in the Judicial Retirement Plan prior

to January 1, 2014, who retires for disability as provided by this

subsection 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 who begins participating in the Judicial Retirement Plan on

or after January 1, 2014, who retires for disability as provided by this

subsection shall be entitled to a disability retirement allowance equal to

the higher of twenty percent (20%) of the member's monthly official

salary or the retirement allowance determined in the same manner as for

retirement at his or her normal retirement date under KRS 21.402.

3. A member who begins participating in the Legislators' Retirement Plan

on or after January 1, 2014, who retires for disability as provided by this

subsection shall be entitled to a disability retirement allowance equal to

the higher of twenty percent (20%) of the member's monthly creditable

compensation or the retirement allowance determined in the same

manner as for retirement at his or her normal retirement date under KRS

21.402.

(2) (a) A member who began participating in the Judicial Retirement Plan prior to

January 1, 2014, need not have completed eight (8) years of service in order to

be eligible for benefits under subsection (1) of this section.

(b) A member who begins participating in the Judicial Retirement Plan on or after

January 1, 2014, must have completed at least five (5) years of service in order

to apply and be eligible for the disability benefits provided by 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 or under KRS 21.402 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 began participating in the

plan prior to January 1, 2014, and 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.