KRS 95.864: Medical examination to determine disability -- Certification of examining

physicians -- Termination of policeman's or firefighter's disability retirement

annuity -- Appeal.

(1) For the purpose of KRS 95.851 to 95.884 and KRS 95.991, a member shall be

considered totally and permanently disabled after the board shall have received

written certification by at least two (2) licensed and practicing physicians selected

by the board that the member is totally and likely to be permanently disabled for the

further performance of the duties of any assigned position in the service of the

department. If upon consideration of the report of such physicians and such other

evidence as shall have been presented to it by the member or others interested

therein, the board finds the member to be totally and permanently disabled, it shall

grant him a disability retirement annuity upon written certification that the member

has been separated from the service of the city because of total disability of such

nature as to reasonab ly prevent further service for the employer, and as a

consequence is not entitled to compensation from the city.

(2) If, after the board grants a policeman or firefighter a disability retirement annuity,

the board determines that a policeman so retired is performing police work for

another employer, or that a firefighter so retired is performing firefighting duties for

another employer, and that the duties performed for the new employer are

substantially the same as those which the retired member performed for the city,

then the board may terminate the retired member's disability retirement annuity.

(3) If the board terminates a retired member's disability retirement annuity pursuant to

subsection (2) of this section, the city shall offer the member reemploy ment with

the police or fire department in order that the member may, if he chooses, complete

the service required for normal retirement. Time spent in disability retirement shall

not count as service credit for normal retirement.

(4) A retired member aggrieved by termination of his disability retirement annuity may

appeal the decision of the board to the Circuit Court of the county in which the

board is located. The scope of the appeal shall be limited to whether the board

abused its discretion in terminating the retirement benefit.