{"data":{"id":"us-ky/krs-61.607","jurisdiction":"us-ky","citation":"KRS 61.607","heading":"Maximum disability benefit -- Determination -- Combined payments not","body":"increased as a result of legislation -- Annual report by disability recipient.\nNotwithstanding any other provisions of KRS 16.505 to 16.652 or 61.510 to 61.705, a\nmaximum dis ability benefit is hereby established which shall apply, upon disability\nretirement, to any disabled employee's account to which service credit is added to\ndetermine disability benefits or in any case where disability benefits are determined by\ncomputing a percentage of the disabled employee's final monthly rate of pay or monthly\naverage pay. The maximum disability benefit shall be determined by the following\nformula:\n(1) Add the monthly benefit payable to the disabled employee from the Kentucky\nRetirement Systems and the County Employees Retirement System, using the\nmonthly disability retirement allowance without any reduction due to the selection\nof an optional payment plan under KRS 61.635 but excluding dependent children's\nallowances, if any, to his or h er monthly benefit, if any, from Social Security, even\nthough these payments may not begin for a period of time as required for\nqualification under the federal Social Security law, excluding spouse or dependent\nbenefits, and his or her monthly benefit, if any, from workers' compensation, even\nthough these payments may not have begun as of the date the disabled member\napplies for disability retirement benefits, excluding spouse or dependent children's\nallowances, from workers' compensation, to arrive at a projected combined monthly\nbenefit.\n(2) If the projected combined monthly benefit exceeds one hundred percent (100%) of\nthe disabled employee's final rate of pay or his or her final compensation, whichever\nis greater, his or her disability retirement allowan ce from the Kentucky Retirement\nSystems and the County Employees Retirement System shall be reduced to an\namount which would cause his or her projected combined monthly benefit to equal\none hundred percent (100%) of his or her final rate of pay or his or h er final\ncompensation, whichever is greater; however, the disability retirement allowance\nshall not be reduced below an amount which would result from a computation of his\nor her disability retirement allowance from the Kentucky Retirement Systems and\nthe County Employees Retirement System using the disabled employee's actual total\nservice.\n(3) The system may pay estimated benefits to a disabled employee, upon qualification\nfor disability retirement, based on an estimate of his or her Social Security and\nworkers' compensation benefits until the amounts are actually determined, at which\ntime a final calculation of the member's actual benefits shall be determined and his\nor her account corrected retroactive to his or her effective retirement date.\n(4) Any increase in Social Security benefits or workers' compensation benefits which\nbecomes law, regardless of their effective date, subsequent to the disabled\nemployee's effective retirement date, shall not be considered in determination of the\nmaximum benefit payable, as the maximum benefit payable is based on the amount\nof combined benefits under these programs as of the disabled employee's effective\nretirement date.\n(5) Any disabled recipient whose potential payments from the system were reduced as\nprovided for in  this section shall advise the Authority if his or her payments under\nthe Federal Social Security Act or Workers' Compensation Act cease at any time\nsubsequent to his or her effective retirement date. Upon investigation, if the system\ndetermines that the disabled recipient continues to be eligible for disability benefits,\nthe system may increase his or her retirement allowance by adding to his or her\npayment an amount equal to the reduction applied upon the effective retirement date\nin accordance with subsection (2) of this section.\n(6) The amount of combined disability benefit payments made to an individual on or\nafter April 1, 2021, from the Kentucky Retirement Systems or the County\nEmployees Retirement System shall not be increased as a result of the pass age of\n2021 Ky. Acts ch. 102.\n(7) Subsequent to his or her effective retirement date, each disability recipient who is\nstill eligible to receive disability payments based upon a total and permanent\ndisability that occurred as a direct result of an act in l ine of duty as defined in KRS\n16.505 or a disablement that occurred as a result of a duty -related injury as defined\nin KRS 61.621, shall annually file on a form or via an electronic method established\nby the Authority, information on whether payments to th e recipient have ceased or\nbegan under the federal Social Security Act or Workers' Compensation Act and the\nAuthority shall make any necessary adjustments as provided by this section.","path":["KRS Chapter 61"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=51230","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:15Z","sha256":"6d7fce13fe5e1a6af4f7a30241790f115d127195bb4233b12955d3dcdf5f1c29","source_id":"us-ky","stale":false,"prev":"us-ky/krs-61.605","next":"us-ky/krs-61.610"},"notice":"GroundRules: Original legal text. Not legal advice."}