KRS 95.863: Total and permanent disability not occasioned by duties of member --

Accrual of annuity -- Cost-of-living increases.

(1) Upon total and permanent disability of a member as the result of any cause other

than occupational disability, if a member shall ha ve rendered at least ten (10) years

of total service, he shall be entitled to a disability retirement annuity. The amount of

such annuity shall be equal to two and one -half percent (2-1/2%) of average salary,

as defined in KRS 95.851(13), for each full yea r of total service, subject to a

minimum payment of twenty -five percent (25%) of such average salary, and a

maximum payment, excluding cost -of-living increases, of fifty percent (50%) of

average salary. If the calculated monthly benefit is less than five h undred dollars

($500) per month, the board may increase the monthly benefit to a minimum of five

hundred dollars ($500) monthly if the increase can be supported on an actuarially

sound basis by the fund. Payment of this annuity shall be made during disabil ity of

the member. Any member who retired prior to June 21, 1974, shall receive an

increase of ten dollars ($10) per month for each year or part thereof of retirement

prior to June 21, 1974, with a maximum increase of one hundred seventy dollars

($170) per month. Upon death of the member, if an eligible widow or minor

children survive, such survivors shall be entitled to the regular annuities provided

under KRS 95.861.

(2) Any annuity for nonoccupational disability shall begin to accrue upon the expiration

of ninety (90) days following the commencement of disability, provided that, if the

member is receiving salary for sick leave for a period of more than ninety (90) days,

payment shall accrue from the date such salary ceases. If written application for

such annuity shall not have been filed with the board prior to the expiration of

ninety (90) days from the date of disability, the annuity shall begin to accrue from

the date the application shall be filed but not prior to the expiration of ninety (90)

days fr om the date of disability, nor in any event prior to the time when salary

payments to the employee shall have ceased.

(3) Any member retired pursuant to this section shall receive the same cost -of-living

increases granted to other retirees pursuant to the terms of KRS 95.859(3).