KRS § 61.610 — KY Code / Title VIII / Chapter 61 / Section 61.610
61.610 Employment and medical review after disability retirement -- Filing of review forms -- Duty of system to assist in obtaining records -- Disability fraud investigator
Status: in_force

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

review forms -- Duty of system to assist in obtaining records -- Disability

fraud investigator.

(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 16.505 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 board'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 board 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 system 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 retirement office that the review form, including

current employment and medical information, is ready to be evaluated by the

medical examiner in accordance with KRS 61.615.

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

been unable to obtain the employment or medical information, the system shall

assist the person in obtaining the records and may use the authority 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

system 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 61.615.

(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 16.505 or

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