KRS § 61.665 — KY Code / Title VIII / Chapter 61 / Section 61.665
61.665 Medical examiners -- Ruling on disability retirement -- Appeal
Status: in_force

61.665 Medical examiners -- Ruling on disability retirement -- Appeal.

(1) The Authority shall employ or contract for the services of at least three (3)

physicians, licensed in the state and not members of the system, upon terms and

conditions it prescribes to serve as medical examiners, whose duty it shall be to

pass upon all medical examinations required under KRS 61.510 to 61.705, 16.505

to 16.652, and 78.510 to 78.852, to investigate all health or medical statements and

certificates made by or in behalf of any person in connection with the payment of

money to the person under KRS 61.510 to 61.705, 16.505 to 16.652, and 78.510 to

78.852, and who shall report in writing to the system the conclusions and

recommendations upon all matters referred to them. The Authority may employ or

contract for the services of one (1) or more licensed mental health professionals in

making recommendations regarding mental impairments.

(2) (a) Each person requesting disability retirement shall file at the retirement office:

1. An application for disability retirement and supporting medical

information to report the person's physical and mental condition;

2. A complete description of the job and duties from which he or she

received his or her last pay, including information regarding whether the

person has made a request for reasonable accommodation pursuant to 42

U.S.C. sec. 12111(9) and 29 C.F.R. pt. 1630 or whether reasonable

accommodation as provided in 42 U.S.C. sec. 12111(9) and 29 C.F.R.

pt. 1630 has been offered to the person; and

3. A certification that the application for disability retirement and

supporting medical information are ready to be evaluated by the medical

examiners in accordance with subsection (3) of this section.

(b) 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 authority

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

file, at the retirement office within one hundred eighty (180) days of the date

the person filed his or her notification of retirement, any of the forms,

certifications, or information required by this subsection, the person's

application for disability retirement shall be void. Any subsequent filing of an

application for disability retirement or supporting medical information shall

not be evaluated, except as provided in subsection (3)(g) of this section or

KRS 61.600(2), 78.5522, or 78.5524.

(c) The employer shall file at the retirement office a complete description of the

job and duties for which the person was last paid and shall submit a detailed

description of any reasonable accommodations attempted.

(d) The cost of medical examinations and the filing of the medical information,

reports, or data with the retirement office shall be paid by the person applying

for disability retirement.

(3) (a) The Authority shall select one (1) medical examiner to evaluate the medical

evidence submitted by the person. The medical examiner shall recommend

that disability retirement be approved or that disability retirement be denied. If

there is evidence of a mental impairment, the medical examiner may request

the Authority's licensed mental health professional to assist in determining the

level of the mental impairment.

(b) If the medical examiner selected under paragraph (a) of this subsection

recommends that the person be approved for disability retirement, the system

shall make retirement payments in accordance with the retirement plan

selected by the person.

(c) If the medical examiner selected under paragraph (a) of this subsection

recommends that the person be denied disability retirement, the Authority

shall select one (1) medical examiner other than the medical examiner

selected under paragraph (a) of this subsection to evaluate the medical

evidence submitted by the person. The second medical examiner selected

under this paragraph shall recommend that the disability retirement be

approved or that disability retirement be denied. If there is evidence of a

mental impairment, the second medical examiner may request the Authority's

licensed mental health professional to assist in determining the level of mental

impairment.

(d) If the second medical examiner selected under paragraph (c) of this subsection

recommends that the person be denied disability retirement, the Authority

shall send notice of this recommendation 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 person shall have one hundred eighty (180) days

from the day that the Authority sent the notice to file at the retirement office

additional supporting medical information and certify to the retirement office

that the application for disability retirement and supporting medical

information are ready to be evaluated under subsection (4) of this section or to

appeal his or her denial of disability retirement by filing at the retirement

office a request for a formal hearing. Any subsequent filing of an application

for disability retirement or supporting medical information shall not be

evaluated, except as provided in KRS 61.600(2), 78.5522, or 78.5524.

(e) If the second medical examiner selected under paragraph (c) of this subsection

recommends that the person be approved for disability retirement, the

Authority shall select one (1) medical examiner other than the first and second

medical examiners selected under paragraphs (a) and (c) of this subsection to

evaluate the medical evidence submitted by the person. The third medical

examiner selected under this paragraph shall recommend that disability

retirement be approved or that disability retirement be denied. If there is

evidence of a mental impairment, the third medical examiner may request the

Authority's licensed mental health professional to assist in determining the

level of the mental impairment.

(f) If the third medical examiner selected under paragraph (e) of this subsection

recommends that the person be approved for disability retirement, the system

shall make retirement payments in accordance with the retirement plan

selected by the person.

(g) If the third medical examiner selected under paragraph (e) of this subsection

recommends that the person be denied disability retirement, the Authority

shall send notice of this recommendation 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 person shall have one hundred eighty (180) days

from the day that the Authority sent the notice to file at the retirement office

additional supporting medical evidence and certify to the retirement office

that the application for disability retirement and additional supporting medical

evidence are ready to be evaluated under subsection (4) of this section or to

appeal his or her denial of disability retirement by filing at the retirement

office a request for a formal hearing.

(4) (a) The Authority shall select one (1) medical examiner to evaluate the additional

supporting medical evidence submitted by the person in accordance with

subsection (3)(d) and (g) of this section. The medical examiner selected under

this paragraph shall recommend that disability retirement be approved or that

disability retirement be denied. If there is evidence of a mental impairment,

the medical examiner may request the Authority's licensed mental health

professional to assist in determining the level of the mental impairment.

(b) If the first medical examiner selected under paragraph (a) of this subsection

recommends that the person be approved for disability retirement, the system

shall make retirement payments in accordance with the retirement plan

selected by the person.

(c) If the first medical examiner selected under paragraph (a) of this subsection

recommends that the person be denied disability retirement, the Authority

shall select one (1) medical examiner other than the medical examiner

selected under paragraph (a) of this subsection to evaluate the additional

supporting medical evidence. The second medical examiner selected under

this paragraph shall recommend that disability retirement be approved or that

disability retirement be denied. If there is evidence of a mental impairment,

the second medical examiner may request the Authority's licensed mental

health professional to assist in determining the level of the mental impairment.

(d) If the second medical examiner selected under paragraph (c) of this subsection

recommends that the person be denied disability retirement, the Authority

shall send notice of this recommendation 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 person shall have one hundred eighty (180) days

from the day that the Authority sent the notice to appeal his or her denial of

disability retirement by filing at the retirement office a request for a formal

hearing.

(e) If the second medical examiner selected under paragraph (c) of this subsection

recommends that the person be approved for disability retirement, the

Authority shall select one (1) medical examiner other than the first and second

medical examiners selected under paragraphs (a) and (c) of this subsection to

evaluate the additional supporting medical evidence. The third medical

examiner selected under this paragraph shall recommend that disability

retirement be approved or that disability retirement be denied. If there is

evidence of a mental impairment, the third medical examiner may request the

Authority's licensed mental health professional to assist in determining the

level of the mental impairment.

(f) If the third medical examiner selected under paragraph (e) of this subsection

recommends that the person be approved for disability retirement, the system

shall make retirement payments in accordance with the retirement plan

selected by the person.

(g) If the third medical examiner selected under paragraph (e) of this subsection

recommends that the person be denied disability retirement, the Authority

shall send notice of this recommendation 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 person shall have one hundred eighty (180) days

from the day that the Authority sent the notice to appeal his or her denial of

disability retirement by filing at the retirement office a request for a formal

hearing.

(5) The medical examiners shall be paid a reasonable amount by the retirement system

for each case evaluated.

(6) Notwithstanding the foregoing provisions of this section, the Authority may pay for

one (1) or more medical examinations of the person requested by the medical

examiners for the purpose of providing medical information deemed necessary by

the medical examiners. The system may require the person to submit to one (1) or

more medical examinations.

(7) (a) Any person whose disability benefits have been reduced, discontinued, or

denied pursuant to subsection (3)(g) or (4)(g) of this section may file at the

retirement office a request for a formal hearing to be conducted in accordance

with KRS Chapter 13B. The right to demand a formal hearing shall be limited

to a period of one hundred eighty (180) days after the person had notice of the

system's determination, as described in subsection (3)(g) or (4)(g) of this

section. The request for a formal hearing shall be filed with the executive

director, at the retirement office in Frankfort. The request for a formal hearing

shall include a short and plain statement of the reasons the denial of disability

retirement is being contested.

(b) Failure of the person to request a formal hearing within the period of time

specified shall preclude the person from proceeding any further with the

application for disability retirement, except as provided in KRS 61.600(2),

78.5522, or 78.5524. This paragraph shall not limit the person's right to appeal

to a court.

(c) The system may require the person requesting the formal hearing to submit to

one (1) or more medical or psychological examinations. Notice of the time

and place of the examination shall be provided to the person or his or her legal

representative. The system shall be responsible for the cost of the

examination.

(d) A final order of the board shall be based on substantial evidence appearing in

the record as a whole and shall set forth the decision of the board and the facts

and law upon which the decision is based.

(e) All requests for a hearing pursuant to this section shall be made in writing.

(8) The boards of the Kentucky Retirement Systems and the County Employees

Retirement Systems may each establish an appeals committee whose members shall

be appointed by the chair and that shall have the authority to act upon the

recommendations and reports of the hearing officer pursuant to this section on

behalf of each respective board. The boards of the Kentucky Retirement Systems

and the County Employees Retirement System may establish a joint appeals

committee that shall be authorized to select a chair from among its committee

members and to act upon the recommendations and reports of the hearing officer

pursuant to this section on behalf of both boards.

(9) Any person aggrieved by a final order of the board may seek judicial review after

all administrative appeals have been exhausted by filing a petition for judicial

review in the Franklin Circuit Court in accordance with KRS Chapter 13B.