{"data":{"id":"us-ky/krs-21.410","jurisdiction":"us-ky","citation":"KRS 21.410","heading":"Disability retirement -- Computation.","body":"(1) (a) If upon examination of a member under his normal retirement age by one (1)\nor more qualified physicians employed by the retirement board, it is certified\nto the satisfaction of the board that such member is so physically or mentally\ndisabled as to be incap acitated for further performance of duty, and that such\nincapacity is likely to be permanent, the member may retire for disability.\n(b) 1. A member who began participating in the Judicial Retirement Plan prior\nto January 1, 2014, who retires for disability  as provided by this\nsubsection shall be entitled to receive commencing immediately a\ndisability retirement allowance, payable monthly during his disability, in\nan amount equal to one -half (1/2) of the monthly service retirement\nallowance he would have received commencing at his normal retirement\ndate if he had continued in service until that date and had then retired,\ncomputed however on the basis of his final compensation at time of\nactual retirement.\n2. A member who begins participating in the Judicial R etirement Plan on\nor after January 1, 2014, who retires for disability as provided by this\nsubsection shall be entitled to a disability retirement allowance equal to\nthe higher of twenty percent (20%) of the member's monthly official\nsalary or the retirement allowance determined in the same manner as for\nretirement at his or her normal retirement date under KRS 21.402.\n3. A member who begins participating in the Legislators' Retirement Plan\non or after January 1, 2014, who retires for disability as provided  by this\nsubsection shall be entitled to a disability retirement allowance equal to\nthe higher of twenty percent (20%) of the member's monthly creditable\ncompensation or the retirement allowance determined in the same\nmanner as for retirement at his or her  normal retirement date under KRS\n21.402.\n(2) (a) A member who began participating in the Judicial Retirement Plan prior to\nJanuary 1, 2014, need not have completed eight (8) years of service in order to\nbe eligible for benefits under subsection (1) of this section.\n(b) A member who begins participating in the Judicial Retirement Plan on or after\nJanuary 1, 2014, must have completed at least five (5) years of service in order\nto apply and be eligible for the disability benefits provided by this section.\n(3) The retirement board shall cause a member who has been retired for disability and\nwho is still under his normal retirement age to undergo periodic examination by one\n(1) or more qualified physicians employed by the board, to determine whether he\ncontinues to be incapacitated for service of the character required of a judge or\ncommissioner. If upon any such examination it is certified to the satisfaction of the\nboard that the member is no longer so incapacitated, or if the member refuses to\nsubmit to examination, the board shall terminate his disability retirement allowance.\nHe shall then be entitled to such rights, if any, under subsection (2) or (3) of KRS\n21.400 or under KRS 21.402 as he would have been entitled to had he voluntarily\nretired on the date he was retired for disability.\n(4) Upon reaching his normal retirement age, a member who began participating in the\nplan prior to January 1, 2014, and who has been receiving a disability retirement\nallowance may apply for and receive, in lieu thereof, the s ervice retirement\nallowance he would have been entitled to receive at normal retirement age had he\nvoluntarily retired on the date he was retired for disability.","path":["KRS Chapter 21"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44943","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:41Z","sha256":"96c3d80319a7f99787ad3dae6ead4412e3f903831c0abb97ea5fce1b627fbf0b","source_id":"us-ky","stale":false,"prev":"us-ky/krs-21.405","next":"us-ky/krs-21.415"},"notice":"GroundRules: Original legal text. Not legal advice."}