KRS § 16.165 — KY Code / Title III / Chapter 16 / Section 16.165
16.165 State Police officer disabled on hazardous duty may elect to be retained on payroll -- Compensation -- Conditions -- Exceptions -- Appeal -- Disability retirement allowance time may be included in calculation for normal retirement
Status: in_force

16.165 State Police officer disabled on hazardous duty may elect to be retained on

payroll -- Compensation -- Conditions -- Exceptions -- Appeal -- Disability

retirement allowance time may be included in calculation for normal

retirement.

Any Department of Kentucky State Police officer, as defined in KRS 16.010, who

becomes disabled after July 1, 1977, as a direct result of an injury or disease arising out of

the performance of a hazardous duty in the course of employment with the department

may elect to be retained on the regular payroll of the department subject to the following:

(1) (a) For officers who become disabled after July 1, 1977, but prior to July 15,

2016, compensation paid to the officer by the department shall be maintained

at the officer's rate of pay that he or she was receiving on July 15, 2016.

(b) For officers becoming disabled on or after July 15, 2016, compensation paid

to the officer by the department shall be maintained at the officer's regular rate

of pay based upon the officer's rank and tenure with the department on the

date he or she elects to be retained on the regular payroll of the department

under this section.

(c) On and after July 15, 2016:

1. Any officer receiving compensation under this section shall not receive

any annual increments or increases based on years of service or rank

established by the schedules set forth in KRS 16.052 during the period

in which the officer receives compensation under this section; and

2. If the officer returns to full active duty, and the base salary he or she

qualifies for at that time exceeds the base salary he or she was receiving

under this section, the officer shall receive the base salary he or she

qualifies for under the schedules established by KRS 16.052 beginning

on the first day of the month following the month that he or she returns

to full active duty.

(d) Any compensation paid to an officer by the department under paragraph (a) or

(b) of this subsection shall be reduced by the amount of payments received by

the officer from workers' compensation insurance, Social Security benefits,

and other federal or state-financed disability programs designed to supplement

the officer's income for which the officer is qualified and elects participation.

Final compensation shall not be reduced by payments for medical care. The

disabled officer's regular rate of pay, without the reductions required by this

subsection, shall be his or her creditable compensation for purposes of KRS

16.510 to 16.652;

(2) The officer shall be assigned by the commissioner of the Department of Kentucky

State Police to a position in the department for which the officer is qualified, if the

commissioner determines, based upon medical reports and recommendations

submitted for that purpose, that the officer is able to perform limited duties. If it is

determined that the officer is able to perform limited duties and refuses to accept an

assignment from the commissioner, the officer shall not be eligible for the payment

of compensation authorized by this section. If the commissioner determines that the

officer is unable to perform limited duties, the officer shall be eligible for the

payment of compensation authorized by this section without the performance of

limited duties. Any officer adversely affected or aggrieved by a final determination

of the commissioner pursuant to this section may appeal within thirty (30) days to

the local Circuit Court;

(3) (a) For an officer whose participation date in the State Police Retirement System

is prior to January 1, 2014, payments made pursuant to this section shall

continue until the officer is eligible for normal retirement allowances pursuant

to KRS 16.576 or until the officer elects early retirement allowances pursuant

to KRS 16.577 or disability retirement allowances pursuant to KRS 16.582.

(b) For an officer whose participation date in the State Police Retirement System

is on or after January 1, 2014, payments made pursuant to this section shall

continue until the officer is eligible to retire under KRS 16.583(6)(a) or until

the officer elects to retire under KRS 16.583(6)(b) or to receive disability

retirement allowances pursuant to KRS 16.582.

(c) If the officer receives preretirement payments under this section or KRS

16.167 and subsequently elects disability retirement, the effective date of his

disability retirement shall be the first month following the month in which the

officer last receives preretirement payments under this section or KRS 16.167,

KRS 16.505(16) to the contrary notwithstanding; and

(4) Any Department of Kentucky State Police officer, disabled prior to July 1, 1977, as

a result of severe physical injuries arising out of the performance of duty, who is

unable to maintain gainful employment as a result of such injuries, but who was

ineligible for retention on the regular payroll because of the date of his injury, shall,

if his or her time in active service plus his or her time on disability retirement

allowance equal the time necessary for normal retirement pursuant to KRS

16.505(15), have his or her retirement allowance increased to the amount he or she

would receive, had he or she been retained on the regular payroll of the department

pursuant to this section and had he or she subsequently elected normal retirement

pursuant to KRS 16.576 when first eligible, but any survivor option which he or she

chose at the time of disability retirement shall not be changed.