Kentucky Retirement Systems Disability Retirement

Note: This information is intended merely as a general information reference for members of the Kentucky Retirement Systems. Members having specific questions about disability should contact the retirement office. This information is not intended as a substitute for federal statutes or Kentucky Revised Statutes and administrative regulations, nor will its interpretation prevail should a conflict arise between its contents and federal statutes or Kentucky Revised Statutes and administrative regulations.

Eligibility requirements for Non-Hazardous Members

The person must have 60 months of service credit.
The person’s application shall be on file in the retirement office no later than 24 months after the person’s last day of paid employment in a regular full-time position as defined in KRS 61.510.
For a person whose membership date is prior to August 1, 2004, the person shall not be eligible for an unreduced benefit.

Eligibility requirements for Non-Hazardous Members applying for duty related benefits

Duty related is a single traumatic event that occurs while the employee is performing the duties of his position; or a single act of violence committed against the employee that is found to be related to his job duties, whether or not it occurs at his job site. The person must be totally and permanently disabled to engage in any occupation for remuneration or profit as a result of a duty related injury.

The service credit requirement shall be waived if the disability is a result of a duty related injury.
The person’s application shall be on file in the retirement office no later than 24 months after the person’s last day of paid employment in a regular full-time position as defined in KRS 61.510.
For a person whose membership date is prior to August 1, 2004, the person shall not be eligible for an unreduced benefit.

Eligibility requirements for Hazardous Members.

Hazardous disability means a disability which results in an employee’s total incapacity to continue as an employee in a hazardous position, but the employee is not necessarily deemed to be totally and permanently disabled to engage in other occupations for remuneration or profit.

The person shall have 60 months of service credit
The person must apply within 24 months of the last day of paid employment in a regular full-time position as defined by KRS 61.510.
For a person whose membership date is prior to August 1, 2004, the person shall not be eligible for an unreduced retirement allowance.

Eligibility requirements for Hazardous Members applying for in line of duty benefits

The service credit requirement shall be waived if the disability is a total and permanent disability or a hazardous disability and is a direct result of an act in the line of duty. Total and permanent disability means a disability which results in the member’s incapacity to engage in any occupation for renumeration or profit. Act in the line of duty is an act occurring or a thing done which was required in the performance of the specified duties.

The service credit requirement shall be waived if the disability is a result of an in line of duty related injury.
The person must apply within 24 months of the last day of paid employment in a regular full-time position as defined in KRS 61.510.
For a person whose membership date is prior to August 1, 2004, the person shall not be eligible for an unreduced retirement allowance.

Applying for Disability Retirement

STEP 1: Submit to the retirement office an accurately completed Form 6000, Notification of Retirement. NOTE: If the disability condition resulted from a duty related injury (non-hazardous) or as a result of an act in line of duty injury (hazardous) an incident report must accompany the Form 6000. Upon receipt of a valid Form 6000, a disability packet will be mailed which includes the forms listed below.

STEP 2: Obtain all medical information pertaining to the disabling condition for which you are applying for disability.

STEP 3: Accurately complete a Form 8035, Employee Job Description, listing and describing the duties of the job performed as of the last day of paid employment.

STEP 4: Accurately complete a Form 8040, Prescription and Non-prescription Medications, listing all current medications that you are taking.

STEP 5: After completion of steps 1 – 4, complete and submit the Form 8001, Certification of Application for Disability Retirement and Supporting Medical Information, certifying that the application for disability retirement and all supporting medical information are ready to be reviewed by the medical examiners.

Forms for Employer to Complete When a Person Files for Disability

STEP 1: The employer must complete a Form 8030, Employer Job Description, listing and describing the duties performed by the person as of their last day of paid employment.

STEP 2: Any requests made by the person for reasonable accommodations under the American with Disabilities Act (ADA) as provided for in 42 U.S.C. sec. 12111(9) and 29 C.F.R. Part 1630 must be submitted. If the person did not request reasonable accommodations under the ADA, please indicate on the Form 8030.

If you or your employer fail to complete and file the above forms and supporting medical information at the retirement office within 180 calendar days of the date you filed the Form 6000, Notification of Retirement, your application for disability retirement shall be void. This could possibly prevent you from qualifying for disability retirement benefits in the future.

Determination of Medical Examiners

Upon receipt of the Form 8001 certifying that all objective medical evidence and other required forms are ready to be evaluated by the medical examiners, KRS will submit your application to the medical examiners for review. The examiners must determine if the person, since his last day of paid employment, has been mentally or physically incapacitated to perform the job, or job of like duties, from which he received his last paid employment. The incapacity must be expected to last at least 12 months or result in death to be considered permanent. In determining whether a job is of like duties, reasonable accommodations of the last employer shall be considered. The incapacity cannot be based upon a condition that pre-existed membership or re-employment with a loss of service credit for persons with less than 16 years of service, unless objective medical evidence demonstrates that an injury or accident arising out of or in the course of employment substantially aggravated the underlying pre-existing condition.

Appeal Process

If a person is denied disability retirement benefits by the medical examiners, the person will be notified of their right to appeal.

Re-Employment

A person receiving disability retirement benefits who contemplates re-employment must provide the retirement systems with a detailed job description of the intended position. The job description must be completed by the employer. The medical examiners will review the intended position description to determine if the person may accept the new position and return to work and remain eligible to continue receipt of disability benefits. If a person receiving disability retirement benefits fails to disclose to the retirement systems reemployment after retirement, the retirement systems may recover all prior retirement benefits paid to or on behalf of the person.

Disability Retirement Maximum

If a person applies for Social Security disability and/or Workers’ Compensation, the disability benefits from KRS may be reduced if the combined income from Kentucky Retirement Systems, Social Security, and Workers’ Compensation exceeds 100% of the member’s final rate of pay or final compensation; whichever is greater.

Annual Review Process

Once each year following the retirement of a person on a disability retirement allowance, or less frequently as determined by the board's medical examiner but not less than once every five years, the system may require the person, prior to his 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 and medical information for the bodily injury, mental illness, or disease for which he receives a disability retirement allowance.