{"data":{"id":"us-ky/krs-67a.460","jurisdiction":"us-ky","citation":"KRS 67A.460","heading":"Permanent  occupational disability -- Annuity rate -- Disability","body":"retirement benefits -- Reversion to service retirement precluded.\n(1) If a total and permanent occupational disability occurs, the member  shall\nreceive an annuity calculated pursuant to subsection (2) of this section. This\nbenefit shall begin at the time the member's salary ceases, and shall be paid\nduring his or her entire lifetime. At the member's death, his or her eligible\nsurviving spouse, if any, shall receive the benefits as provided under KRS\n67A.492, and his or her minor children, if any, shall receive benefits as\nprovided under KRS 67A.440.\n(2) The  minimum  annuity rate for a total and permanent occupational disability\nshall be:\n(a) Fifty percent (50%) of the member's last rate of salary if the member's\nrate of disability is less than twenty percent (20%) and the disablement is\nthe direct result of documented occupational injuries for service to the\ndepartment that occurred on or after July 1, 2013;\n(b) Sixty percent (60%) of the member's last rate of salary if the member's\nrate of disability is less than twenty percent (20%) and the disablement is\nthe direct result of documented occupational injuries for service to the\ndepartment that occurred prior to July 1, 2013; or\n(c) Sixty percent (60%) of the member's last rate of salary if the member's\nrate of disability is equal to twenty percent (20%) or more. The minimum\nannuity rate provided by this paragraph shall be increased by one half\n(1/2) of the amount  by which the member's  percentage of disability\nexceeds twenty percent (20%), but this increase shall be not more than\nfifteen percent (15%) of the member's  last rate of salary and  the\nmember's  total annuity shall not be greater than seventy-five percent\n(75%) of his or her last rate of salary.\n(3) The member's percentage of disability shall be the average of the impairment\nrating determined by two (2) physicians selected by the board under KRS\n67A.480, using the \"Guides to the Evaluation of Permanent Impairment\".\n(4) (a) If a member  is eligible for a service retirement annuity under KRS\n67A.410  and the amount  of the member's service retirement annuity\nwould exceed the amount of his or her total and permanent occupational\ndisability annuity, as determined by the board under this section, then the\nmember  may  elect to receive an additional service retirement annuity\npayment  equal to the amount by which the member's service retirement\nannuity would have  exceeded  the amount  of his or her total and\npermanent  occupational disability annuity, in addition to the member's\ndisability annuity, by filing with the board the application required by KRS\n67A.410.\n(b) Effective July 1, 2022, any member  who is approved by the board to\nconvert a service retirement to a disability retirement shall be precluded\nfrom requesting to revert back to a service retirement. The provisions of\nthis paragraph shall apply to any member  who begins receiving disability\nretirement on or after July 1, 2022, or any member  who  has been\napproved for a disability retirement prior to July 1, 2022, but has not yet\nreverted back to a service retirement.","path":["KRS Chapter 67A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52308","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:27Z","sha256":"9771b19639eab362d0431890da3856abfeb9f9f1bef12cf6c50563a4ab3a6fa5","source_id":"us-ky","stale":false,"prev":"us-ky/krs-67a.450","next":"us-ky/krs-67a.462"},"notice":"GroundRules: Original legal text. Not legal advice."}