KRS 67A.460: Permanent occupational disability -- Annuity rate -- Disability

retirement benefits -- Reversion to service retirement precluded.

(1) If a total and permanent occupational disability occurs, the member shall

receive an annuity calculated pursuant to subsection (2) of this section. This

benefit shall begin at the time the member's salary ceases, and shall be paid

during his or her entire lifetime. At the member's death, his or her eligible

surviving spouse, if any, shall receive the benefits as provided under KRS

67A.492, and his or her minor children, if any, shall receive benefits as

provided under KRS 67A.440.

(2) The minimum annuity rate for a total and permanent occupational disability

shall be:

(a) Fifty percent (50%) of the member's last rate of salary if the member's

rate of disability is less than twenty percent (20%) and the disablement is

the direct result of documented occupational injuries for service to the

department that occurred on or after July 1, 2013;

(b) Sixty percent (60%) of the member's last rate of salary if the member's

rate of disability is less than twenty percent (20%) and the disablement is

the direct result of documented occupational injuries for service to the

department that occurred prior to July 1, 2013; or

(c) Sixty percent (60%) of the member's last rate of salary if the member's

rate of disability is equal to twenty percent (20%) or more. The minimum

annuity rate provided by this paragraph shall be increased by one half

(1/2) of the amount by which the member's percentage of disability

exceeds twenty percent (20%), but this increase shall be not more than

fifteen percent (15%) of the member's last rate of salary and the

member's total annuity shall not be greater than seventy-five percent

(75%) of his or her last rate of salary.

(3) The member's percentage of disability shall be the average of the impairment

rating determined by two (2) physicians selected by the board under KRS

67A.480, using the "Guides to the Evaluation of Permanent Impairment".

(4) (a) If a member is eligible for a service retirement annuity under KRS

67A.410 and the amount of the member's service retirement annuity

would exceed the amount of his or her total and permanent occupational

disability annuity, as determined by the board under this section, then the

member may elect to receive an additional service retirement annuity

payment equal to the amount by which the member's service retirement

annuity would have exceeded the amount of his or her total and

permanent occupational disability annuity, in addition to the member's

disability annuity, by filing with the board the application required by KRS

67A.410.

(b) Effective July 1, 2022, any member who is approved by the board to

convert a service retirement to a disability retirement shall be precluded

from requesting to revert back to a service retirement. The provisions of

this paragraph shall apply to any member who begins receiving disability

retirement on or after July 1, 2022, or any member who has been

approved for a disability retirement prior to July 1, 2022, but has not yet

reverted back to a service retirement.