{"data":{"id":"us-ky/krs-78.5528","jurisdiction":"us-ky","citation":"KRS 78.5528","heading":"Vocational experts -- Disability retirement allowance -- Reduction --","body":"Discontinuance -- Determinations by medical examiner or vocational expert --\nHearings and appeals -- Early retirement upon discontinuance of disability\nallowance for member who began participating before January 1, 2014.\n(1) (a) The Authority may contract for the services of one (1) or more vocational\nexperts upon terms and conditions it prescribes to:\n1. Review and investigate all employment information and forms\nsubmitted by a disability recipient under this section and KRS 78.5526;\nand\n2. Report in writing to the Authority the conclusions and recommendations\nupon all matters referred for review and investigation.\n(b) A vocational expert providing services to the Authority shall have a master's\ndegree or higher degree in counseling or rehabilitation, an American Board of\nVocational Experts certification, or a certification as a Certified Rehabilitation\nCounselor, Certified Disability Management Specialist, Associate Disabili ty\nCase Manager, Licensed Rehabilitation Counselor, or Certified Case\nManager.\n(2) (a) Each recipient of a disability retirement allowance who is engaged in gainful\nemployment shall notify the Authority upon beginning the employment. If the\nmember fails to notify the Authority of the gainful employment, the Authority\nmay recover the payments of a disability retirement allowance made during\nthe gainful employment.\n(b) The system may reduce or discontinue a recipient's disability allowance if the\nAuthority's medical examiner selected under KRS 61.665 or vocational expert\nselected under this section determines that:\n1. A recipient of a disability retirement allowance is, prior to his or her\nnormal retirement date, gainfully employed in a position with the same\nor similar duties, or in a position with duties requiring greater residual\nfunctional capacity and physical exertion, as the position from which he\nor she was disabled, except where the recipient has returned to work on\na trial basis not to exceed nine (9) months; or\n2. A recipient of a disability retirement allowance resulting solely from\nmental illness is, prior to his or her normal retirement date, employed in\na position with the same or similar duties, or in a position with duties\nrequiring greater residual functional capacity, as the position from which\nhe or she was disabled.\n(3) The system may reduce or discontinue a recipient's disability allowance if the\nAuthority's medical examiner determines that a recipient of a disability retirement\nallowance is, prior to his or her normal retirement date, no longer incapacitated by\nthe bodily injury, mental illness, or disease for which he or she receives a disability\nretirement allowance.\n(4) (a) The system shall have full power and authority to reduce or discontinue a\ndisability retirement allowance and the Authority shall utilize the services of a\nmedical examiner as provided in KRS 61.665 or a vocational expert selected\nunder this section, in determining whether to continue, reduce, or discontinue\na disability retirement allowance under this section.\n(b) The Authority shall select one (1) medical examiner to evaluate the forms and\nemployment and medical information submitted by the person. If only\nemployment information is submitted, the Authority may select one (1)\nvocational expert to evaluate the forms and employment information\nsubmitted by the person. If there is objective medical evidence of a mental\nimpairment, the medical examiner may request the Authority's licensed\nmental health professional to assist in determining the level of the mental\nimpairment.\n(c) The medical examiner or v ocational expert shall be paid a reasonable amount\nby the Authority for each case evaluated.\n(d) 1. The medical examiner or vocational expert shall recommend that the\ndisability retirement allowance be continued, reduced, or discontinued.\n2. If the medical  examiner or vocational expert recommends that the\ndisability retirement allowance be continued, the system shall make\nretirement payments in accordance with the retirement plan selected by\nthe person.\n3. a. If the medical examiner or vocational expert rec ommends that the\ndisability retirement allowance be reduced or discontinued, the\nAuthority shall send notice of the recommendation by United\nStates first -class mail to the person's last address on file in the\nretirement office, by electronic mail to the pe rson's last electronic\nmail address on file in the retirement office, or by other electronic\nmeans.\nb. The person shall have sixty (60) days from the day that the\nAuthority sent the notice to file at the retirement office additional\nsupporting employment o r medical information and certify to the\nAuthority that the forms and additional supporting employment\ninformation or medical information are ready to be evaluated by\nthe medical examiner or vocational expert or to appeal the\nrecommendation of the medical examiner or vocational expert to\nreduce or discontinue the disability retirement allowance by filing\nat the retirement office a request for a formal hearing.\nc. If the person fails or refuses to file at the retirement office the\nforms, the additional suppo rting employment information, and\ncurrent medical information or to appeal the recommendation of\nthe medical examiner or vocational expert to reduce or discontinue\nthe disability retirement allowance, his or her retirement allowance\nshall be discontinued o n the first day of the month following the\nexpiration of the period of the sixty (60) days from the day the\nAuthority sent the notice of the recommendation to the person's\nlast address on file in the retirement office, by electronic mail to\nthe person's la st electronic mail address on file in the retirement\noffice, or by other electronic means.\n(e) 1. The medical examiner shall make a recommendation based upon the\nevaluation of additional supporting employment and medical\ninformation submitted in accordance  with paragraph (d)3.b. of this\nsubsection, or the vocational expert shall make a recommendation based\nupon the additional supporting employment information submitted in\naccordance with paragraph (d)3.b. of this subsection.\n2. If the medical examiner or vo cational expert recommends that the\ndisability retirement allowance be continued, the system shall make\ndisability retirement payments in accordance with the retirement plan\nselected by the person.\n3. a. If the medical examiner recommends that the disabili ty retirement\nallowance be reduced or discontinued based upon the evaluation of\nadditional supporting employment information and medical\ninformation, or if the vocational expert recommends that the\ndisability retirement allowance be reduced or discontinued  based\nupon the evaluation of additional employment information, the\nAuthority shall send notice of this recommendation by United\nStates first -class mail to the person's last address on file in the\nretirement office, by electronic mail to the person's last  electronic\nmail address on file in the retirement office, or by other electronic\nmeans.\nb. The person shall have sixty (60) days from the day that the\nAuthority sent the notice of the recommendation to appeal the\nrecommendation to reduce or discontinue th e disability retirement\nallowance by filing at the retirement office a request for formal\nhearing.\nc. If the person fails or refuses to appeal the recommendation of the\nmedical examiner or vocational expert to reduce or discontinue the\ndisability retiremen t allowance, his or her retirement allowance\nshall be discontinued on the first day of the month following the\nexpiration of the period of the sixty (60) days from the day the\nAuthority sent the notice of the recommendation to the person's\nlast address on file in the retirement office, by electronic mail to\nthe person's last electronic mail address on file in the retirement\noffice, or by other electronic means.\n(f) Any person whose disability benefits have been reduced or discontinued,\npursuant to paragraph  (d)3.a. or (e)3.a. of this subsection, may file at the\nretirement office a request for formal hearing to be conducted in accordance\nwith KRS Chapter 13B. The right to demand a formal hearing shall be limited\nto a period of sixty (60) days after the person  had notice, as described in\nparagraph (d) or (e) of this subsection. The request for formal hearing shall be\nfiled with the Authority, at the retirement office in Frankfort. The request for\nformal hearing shall include a short and plain statement of the r easons the\nreduction, discontinuance, or denial of disability retirement is being contested.\n(g) Failure of the person to request a formal hearing within the period of time\nspecified shall preclude the person from proceeding any further with\ncontesting the reduction or discontinuation of disability retirement allowance,\nexcept as provided in subsection (7)(d) of this section. This paragraph shall\nnot limit the person's right to appeal to a court.\n(h) A final order of the board shall be based on substantial evidence appearing in\nthe record as a whole and shall set forth the decision of the board and the facts\nand law upon which the decision is based. If the board orders that the person's\ndisability retirement allowance be discontinued or reduced, the order sh all\ntake effect on the first day of the month following the day the Authority sent\nthe order to the person's last address on file in the retirement office, by\nelectronic mail to the person's last electronic mail address on file in the\nretirement office, or  by other electronic means. Judicial review of the final\nboard order shall not operate as a stay and the system shall discontinue or\nreduce the person's disability retirement allowance as provided in this section.\n(i) Notwithstanding any other provisions o f this section, the system may require\nthe person to submit to one (1) or more medical or psychological\nexaminations at any time. The system shall be responsible for any costs\nassociated with any examinations of the person requested by the medical\nexaminer or the system for the purpose of providing medical information\ndeemed necessary by the medical examiner or the system. Notice of the time\nand place of the examination shall be provided to the person or his or her legal\nrepresentative. If the person fails or refuses to submit to one (1) or more\nmedical examinations, his or her rights to further disability retirement\nallowance shall cease.\n(j) All requests for a hearing pursuant to this section shall be made in writing.\n(5) The board may establish an appeals  committee whose members shall be appointed\nby the chair and who shall have the authority to act upon the recommendations and\nreports of the hearing officer pursuant to this section on behalf of the board. The\nboard may also establish a joint appeals commi ttee with the Kentucky Retirement\nSystems.\n(6) Any person aggrieved by a final order of the board may seek judicial review after\nall administrative appeals have been exhausted by filing a petition for judicial\nreview in the Franklin Circuit Court in accordance with KRS Chapter 13B.\n(7) If a disability retirement allowance is reduced or discontinued for a person who\nbegan participating prior to January 1, 2014, the person may apply for early\nretirement benefits as provided under KRS 78.5510 or 78.5514, as ap plicable,\nsubject to the following provisions:\n(a) The person may not change his or her beneficiary or payment option;\n(b) If the person has returned to employment with an employer participating in\nthe County Employees Retirement System, Kentucky Employees Retirement\nSystem, or State Police Retirement System, the service and creditable\ncompensation shall be used in recomputing  his or her benefit, except that the\nperson's final compensation shall not be less than the final compensation last\nused in determining his or her retirement allowance;\n(c) The benefit shall be reduced as provided by KRS 78.5510(4) or 78.5514(4);\n(d) 1. The person shall remain eligible for reinstatement of his or her disability\nallowance upon reevaluation until his or her normal retirement age. The\nperson shall apply for reinstatement of disability benefits in accordance\nwith the provisions of this paragraph.\n2. An application for reinstatement of disability benefits shall be\nadministered as an application under KRS 78.5524 or 78.5526, as\napplicable, except:\na. Only the bodily injuries, mental illnesses, diseases, or conditions\nfor which the person was origi nally approved for disability\nbenefits shall be considered. Bodily injuries, mental illnesses,\ndiseases, or conditions that came into existence after the person's\nlast day of paid employment shall not be considered as a basis for\nreinstatement of disabilit y benefits. Bodily injuries, mental\nillnesses, diseases, or conditions alleged by the person as being\nincapacitating, but which were not the basis for the award of\ndisability retirement benefits, shall not be considered;\nb. A person whose disability allowa nce was discontinued under\nsubsection (2) of this section, who is still employed in the same\nposition on which his or her disability allowance was\ndiscontinued, shall submit with the application employment\ninformation detailing the changes to the position evidencing cause\nfor reinstatement;\nc. A person whose disability allowance was discontinued under\nsubsection (3) of this section shall provide with the application\nnew objective medical evidence not previously considered by the\nAuthority's medical examiner; and\nd. The application for reinstatement shall be reviewed by one (1)\nmedical examiner or vocational expert.\n3. If the person establishes that the disability benefits should be reinstated,\nthe system shall pay disability benefits effective from the first day of the\nmonth following the month in which the person applied for\nreinstatement of the disability benefits; and\n(e) Upon attaining normal retirement age, the person shall receive the higher of\neither his or her disability retirement allowance or his or  her early retirement\nallowance.\n(8) If a disability retirement allowance is reduced or discontinued for a person who\nbegan participating in the system on or after January 1, 2014, the person shall\nremain eligible for reinstatement of his or her disability  allowance as provided\nunder subsection (7)(d) of this section.\n(9) No disability retirement allowance shall be reduced or discontinued by the system\nafter the person's normal retirement date except in case of reemployment as\nprovided for by KRS 78.5540. If a disability retirement allowance has been reduced\nor discontinued, except if the person is reemployed as provided for by KRS\n78.5540, the retirement allowance shall be reinstated upon attainment of the\nperson's normal retirement date to the retirement a llowance prior to adjustment. No\nreinstated payment shall be less than the person is receiving upon attainment of the\nperson's normal retirement date.","path":["KRS Chapter 78"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54865","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:39Z","sha256":"cc490ad80f095ad1cb4a37579e36b6e50483c6967bbe9b2ad06d0064f1ea30c3","source_id":"us-ky","stale":false,"prev":"us-ky/krs-78.5526","next":"us-ky/krs-78.5530"},"notice":"GroundRules: Original legal text. Not legal advice."}