KRS § 78.5526 — KY Code / Title IX / Chapter 78 / Section 78.5526
78.5526 Employment and medical review after disability retirement -- Filing of review forms -- Duty of Authority to assist in obtaining records -- Investigation of fraud
Status: in_force

78.5526 Employment and medical review after disability retirement -- Filing of

review forms -- Duty of Authority to assist in obtaining records --

Investigation of fraud.

(1) Once each year following the retirement of a person on a disability retirement

allowance, except for persons who become totally and permanently disabled

as a direct result of an act in line of duty as defined in KRS 78.510 or become

disabled as a result of a duty-related injury as defined in KRS 61.621 in which

case shall be once every three (3) years following retirement, or less frequently

as determined by the Authority's medical examiner but not less than once

every five (5) years, the system may require the person, prior to his or her

normal retirement date, to undergo an employment and medical staff review

and, if necessary, be required to file at the retirement office on the review form

prescribed by the Authority current employment information and current

medical information for the bodily injury, mental illness, or disease for which he

or she receives a disability retirement allowance. The person shall have one

hundred eighty (180) days from the day the Authority sent the review form by

United States first-class mail to the person's last address on file in the

retirement office, by electronic mail to the person's last electronic mail address

on file in the retirement office, or by other electronic means to file at the

retirement office the review form and the current employment and medical

information. The person shall certify to the Authority that the review form,

including current employment and medical information, is ready to be

evaluated by the medical examiner in accordance with KRS 78.5528.

(2) If, after good faith efforts, the person informs the Authority that he or she has

been unable to obtain the employment or medical information, the Authority

shall assist the person in obtaining the records and may use the powers

granted pursuant to KRS 61.685(1) to obtain the records.

(3) If the person fails or refuses to file at the retirement office the review form,

including the current employment and medical information, his or her retirement

allowance shall be discontinued or reduced on the first day of the month

following the expiration of the one hundred eighty (180) days from the day the

Authority sent the review form by United States first-class mail to the person's

last address on file in the retirement office, by electronic mail to the person's

last electronic mail address on file in the retirement office, or by other electronic

means. The Authority shall send notice of the discontinuance or reduction of

the disability retirement allowance by United States first-class mail to the

person's last address on file in the retirement office, by electronic mail to the

person's last electronic mail address on file in the retirement office, or by other

electronic means. If the person's benefits are discontinued or reduced under

this section, his or her rights to further disability retirement allowances shall

cease, except as provided by KRS 78.5528.

(4) The Kentucky Public Pensions Authority shall hire or contract for the services

of one (1) or more investigators to investigate potential fraud involving disability

benefits with the system. The investigators shall evaluate potential cases of

disability fraud and conduct spot audits for potential fraud as determined by the

system in cases involving members who become totally and permanently

disabled as a direct result of an act in line of duty as defined in KRS 78.510 or

become disabled as a result of a duty-related injury as defined in KRS 61.621.