{"data":{"id":"us-ky/krs-78.5530","jurisdiction":"us-ky","citation":"KRS 78.5530","heading":"Maximum  disability benefit -- Determination -- Information to be filed","body":"by disability recipient.\nNotwithstanding any other provisions of KRS 78.510 to 78.852, a maximum  disability\nbenefit is hereby established which shall apply, upon disability retirement, to any\ndisabled employee's account to which service credit is added to determine disability\nbenefits or in any case where disability benefits are determined by computing a\npercentage of the disabled employee's final monthly rate of pay or monthly average\npay. The maximum  disability benefit shall be determined by the following formula:\n(1) Add  the monthly benefit payable to the disabled employee from the County\nEmployees  Retirement System and the Kentucky Retirement Systems, using\nthe monthly disability retirement allowance without any reduction due to the\nselection of an optional payment  plan under KRS  61.635 but excluding\ndependent children's allowances, if any, to his or her monthly benefit, if any,\nfrom Social Security, even though these payments may not begin for a period\nof time as required for qualification under the federal Social Security law,\nexcluding spouse or dependent benefits, and his or her monthly benefit, if any,\nfrom workers' compensation, even though these payments may  not have\nbegun  as of the date the disabled member  applies for disability retirement\nbenefits, excluding spouse or dependent children's allowances, from workers'\ncompensation, to arrive at a projected combined monthly benefit.\n(2) If the projected combined  monthly benefit exceeds one hundred percent\n(100%)  of the disabled employee's final rate of pay or his or her final\ncompensation, whichever is greater, his or her disability retirement allowance\nfrom the County Employees Retirement System and the Kentucky Retirement\nSystems shall be reduced to an amount which would cause his or her projected\ncombined  monthly benefit to equal one hundred percent (100%) of his or her\nfinal rate of pay or his or her final compensation, whichever is greater;\nhowever, the disability retirement allowance shall not be reduced below an\namount which would result from a computation of his or her disability retirement\nallowance from the County Employees Retirement System and the Kentucky\nRetirement Systems using the disabled employee's actual total service.\n(3) The  system may  pay estimated benefits to a disabled employee, upon\nqualification for disability retirement, based on an estimate of his or her Social\nSecurity and workers' compensation benefits until the amounts are actually\ndetermined, at which time a final calculation of the member's actual benefits\nshall be determined and his or her account corrected retroactive to his or her\neffective retirement date.\n(4) Any  increase in Social Security benefits or workers' compensation benefits\nwhich  becomes  law, regardless of their effective date, subsequent to the\ndisabled employee's effective retirement date, shall not be considered in\ndetermination of the maximum  benefit payable, as the maximum  benefit\npayable is based on the amount of combined benefits under these programs as\nof the disabled employee's effective retirement date.\n(5) Any  disabled recipient whose  potential payments  from the system were\nreduced as provided for in this section shall advise the Authority if his or her\npayments under the federal Social Security Act or Workers' Compensation Act\ncease at any time subsequent to his or her effective retirement date. Upon\ninvestigation, if the system determines that the disabled recipient continues to\nbe eligible for disability benefits, the system may increase his or her retirement\nallowance by adding to his or her payment an amount equal to the reduction\napplied upon the effective retirement date in accordance with subsection (2) of\nthis section.\n(6) The amount of combined disability benefit payments made to an individual on\nor after April 1 2021, from the Kentucky Retirement Systems and the County\nEmployees  Retirement System  shall not be increased as a result of the\npassage of 2021 Ky. Acts ch. 102.\n(7) Subsequent to his or her effective retirement date, each disability recipient who\nis still eligible to receive disability payments based upon a total and permanent\ndisability that occurred as a direct result of an act in line of duty as defined in\nKRS  78.510 or a disablement that occurred as a result of a duty-related injury\nas defined in KRS  61.621 shall annually file, on a form or via an electronic\nmethod  established by the Authority, information on whether payments to the\nrecipient have ceased or begun under the federal Social Security Act or\nWorkers' Compensation  Act, and the Authority shall make  any necessary\nadjustments as provided by this section.","path":["KRS Chapter 78"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52276","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:39Z","sha256":"1203ae73c4e6600876ad34bda7acade4338de9bf6bc14761c7920d3ec34c6c55","source_id":"us-ky","stale":false,"prev":"us-ky/krs-78.5528","next":"us-ky/krs-78.5532"},"notice":"GroundRules: Original legal text. Not legal advice."}