KRS 161.662: Status of disabled teachers and superintendents.

(1) Teachers and superintendents with continuing status who retire because of disability

shall, notwithstanding provisions of KRS 161.720 to 161.810 to the contrary, retain

continuing status in the school district from which they retired for twenty -four (24)

calendar months from the date of retirement, if the teacher or superintendent:

(a) Is approved for disability retirement under the provisions of KRS 161.661, or

(b) Is approved for disability retirement but elects to have benefits calculated on

the service retirement formula under the provisions of KRS 161.661, or

(c) Is disqualified from receiving disability retirement benefits by KRS

161.661(2) but is otherwise eligible for disability retirement under the

remaining provisions of KRS 161.661.

(2) (a) If the superintendent recovers from disability and presents written notice of

such recovery, supported by the statement of a licensed physician, to the

employing board of education within the twenty -four (24) calendar month

period but not later than April 15 prior to the beginning of the school term, the

board of education shall reinstate the superintendent to active continuing

status at the beginning of the school term. If notice of recovery from disability

is not presented to the employing board of education wi thin the twenty -four

(24) calendar month period, or if the superintendent states to the board, in a

verified document, prior to expiration of the twenty -four (24) calendar month

period that he or she will not return to employment in the school system, the

continuing service contract of the superintendent shall terminate as by

retirement under the provisions of KRS 161.661.

(b) If the teacher recovers from disability and presents written notice of such

recovery, supported by the statement of a licensed physi cian, to the

superintendent within the twenty-four (24) calendar month period but not later

than April 15 prior to the beginning of the school term, the superintendent

shall reinstate the teacher to active continuing status at the beginning of the

school t erm. If notice of recovery from disability is not presented to the

superintendent within the twenty -four (24) calendar month period, or if the

teacher states to the superintendent, in a verified document, prior to expiration

of the twenty-four (24) calendar month period that he or she will not return to

employment in the school system, the continuing service contract of the

teacher shall terminate as by retirement under the provisions of KRS 161.661.

(3) Retirement because of disability under this section s hall not be cause for

termination of the contract of a teacher or superintendent under KRS 161.790

during the twenty -four (24) calendar month period described in this section. A

teacher or superintendent who applies for disability retirement under the prov isions

of KRS 161.661 shall retain continuing service status during the period of time the

application for disability retirement is being processed. If the application is not

approved, the teacher or superintendent may return to the contract, employment, o r

leave status held prior to submission of the application.

(4) (a) If the superintendent recovers from the disability and presents written notice

of such recovery, supported by the statement of a licensed physician, to the

employing board of education wit hin twenty-five (25) through forty -two (42)

months from the date of retirement, the board shall give priority consideration

to reemployment of the superintendent for the first available position for

which the superintendent is qualified and certified.

(b) If the teacher recovers from the disability and presents written notice of such

recovery, supported by the statement of a licensed physician, to the

superintendent within twenty -five (25) through forty -two (42) months from

the date of retirement, the super intendent shall give priority consideration to

reemployment of the teacher for the first available position for which the

teacher is qualified and certified.