{"data":{"id":"us-ky/krs-16.165","jurisdiction":"us-ky","citation":"KRS 16.165","heading":"State Police officer disabled on hazardous duty may elect to be retained on","body":"payroll -- Compensation -- Conditions -- Exceptions -- Appeal -- Disability\nretirement allowance time may be included in calculation for normal\nretirement.\nAny Department of Kentucky State Police officer, as defined in KRS 16.010, who\nbecomes disabled after July 1, 1977, as a direct result of an injury or disease arising out of\nthe performance of a hazardous duty in the course of employment with the department\nmay elect to be retained on the regular payroll of the department subject to the following:\n(1) (a) For officers who become disabled after July 1, 1977, but prior to July 15,\n2016, compensation paid to the officer by the department shall be maintained\nat the officer's rate of pay that he or she was receiving on July 15, 2016.\n(b) For officers becoming disabled on or after July 15, 2016, compensation paid\nto the officer by the department shall be maintained at the officer's regular rate\nof pay based upon the officer's rank and tenure with the department on the\ndate he or she elects to be retained on the regular payroll of the department\nunder this section.\n(c) On and after July 15, 2016:\n1. Any officer receiving compensation under this section shall not receive\nany annual in crements or increases based on years of service or rank\nestablished by the schedules set forth in KRS 16.052 during the period\nin which the officer receives compensation under this section; and\n2. If the officer returns to full active duty, and the base sa lary he or she\nqualifies for at that time exceeds the base salary he or she was receiving\nunder this section, the officer shall receive the base salary he or she\nqualifies for under the schedules established by KRS 16.052 beginning\non the first day of the month following the month that he or she returns\nto full active duty.\n(d) Any compensation paid to an officer by the department under paragraph (a) or\n(b) of this subsection shall be reduced by the amount of payments received by\nthe officer from workers' c ompensation insurance, Social Security benefits,\nand other federal or state-financed disability programs designed to supplement\nthe officer's income for which the officer is qualified and elects participation.\nFinal compensation shall not be reduced by pay ments for medical care. The\ndisabled officer's regular rate of pay, without the reductions required by this\nsubsection, shall be his or her creditable compensation for purposes of KRS\n16.510 to 16.652;\n(2) The officer shall be assigned by the commissioner of the Department of Kentucky\nState Police to a position in the department for which the officer is qualified, if the\ncommissioner determines, based upon medical reports and recommendations\nsubmitted for that purpose, that the officer is able to perform li mited duties. If it is\ndetermined that the officer is able to perform limited duties and refuses to accept an\nassignment from the commissioner, the officer shall not be eligible for the payment\nof compensation authorized by this section. If the commissione r determines that the\nofficer is unable to perform limited duties, the officer shall be eligible for the\npayment of compensation authorized by this section without the performance of\nlimited duties. Any officer adversely affected or aggrieved by a final de termination\nof the commissioner pursuant to this section may appeal within thirty (30) days to\nthe local Circuit Court;\n(3) (a) For an officer whose participation date in the State Police Retirement System\nis prior to January 1, 2014, payments made pursuan t to this section shall\ncontinue until the officer is eligible for normal retirement allowances pursuant\nto KRS 16.576 or until the officer elects early retirement allowances pursuant\nto KRS 16.577 or disability retirement allowances pursuant to KRS 16.582.\n(b) For an officer whose participation date in the State Police Retirement System\nis on or after January 1, 2014, payments made pursuant to this section shall\ncontinue until the officer is eligible to retire under KRS 16.583(6)(a) or until\nthe officer el ects to retire under KRS 16.583(6)(b) or to receive disability\nretirement allowances pursuant to KRS 16.582.\n(c) If the officer receives preretirement payments under this section or KRS\n16.167 and subsequently elects disability retirement, the effective date of his\ndisability retirement shall be the first month following the month in which the\nofficer last receives preretirement payments under this section or KRS 16.167,\nKRS 16.505(16) to the contrary notwithstanding; and\n(4) Any Department of Kentucky State Police officer, disabled prior to July 1, 1977, as\na result of severe physical injuries arising out of the perf ormance of duty, who is\nunable to maintain gainful employment as a result of such injuries, but who was\nineligible for retention on the regular payroll because of the date of his injury, shall,\nif his or her time in active service plus his or her time on d isability retirement\nallowance equal the time necessary for normal retirement pursuant to KRS\n16.505(15), have his or her retirement allowance increased to the amount he or she\nwould receive, had he or she been retained on the regular payroll of the depart ment\npursuant to this section and had he or she subsequently elected normal retirement\npursuant to KRS 16.576 when first eligible, but any survivor option which he or she\nchose at the time of disability retirement shall not be changed.","path":["KRS Chapter 16"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45278","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:36Z","sha256":"06b7a73d135a24c101e08983d36d75b17c70a3d354c3585a8a5b3a95906e444a","source_id":"us-ky","stale":false,"prev":"us-ky/krs-16.160","next":"us-ky/krs-16.167"},"notice":"GroundRules: Original legal text. Not legal advice."}