{"data":{"id":"us-ky/krs-95.863","jurisdiction":"us-ky","citation":"KRS 95.863","heading":"Total and permanent disability not occasioned by duties of member --","body":"Accrual of annuity -- Cost-of-living increases.\n(1) Upon total and permanent disability of a member as the result of any cause other\nthan occupational disability, if a member shall ha ve rendered at least ten (10) years\nof total service, he shall be entitled to a disability retirement annuity. The amount of\nsuch annuity shall be equal to two and one -half percent (2-1/2%) of average salary,\nas defined in KRS 95.851(13), for each full yea r of total service, subject to a\nminimum payment of twenty -five percent (25%) of such average salary, and a\nmaximum payment, excluding cost -of-living increases, of fifty percent (50%) of\naverage salary. If the calculated monthly benefit is less than five h undred dollars\n($500) per month, the board may increase the monthly benefit to a minimum of five\nhundred dollars ($500) monthly if the increase can be supported on an actuarially\nsound basis by the fund. Payment of this annuity shall be made during disabil ity of\nthe member. Any member who retired prior to June 21, 1974, shall receive an\nincrease of ten dollars ($10) per month for each year or part thereof of retirement\nprior to June 21, 1974, with a maximum increase of one hundred seventy dollars\n($170) per  month. Upon death of the member, if an eligible widow or minor\nchildren survive, such survivors shall be entitled to the regular annuities provided\nunder KRS 95.861.\n(2) Any annuity for nonoccupational disability shall begin to accrue upon the expiration\nof ninety (90) days following the commencement of disability, provided that, if the\nmember is receiving salary for sick leave for a period of more than ninety (90) days,\npayment shall accrue from the date such salary ceases. If written application for\nsuch annuity shall not have been filed with the board prior to the expiration of\nninety (90) days from the date of disability, the annuity shall begin to accrue from\nthe date the application shall be filed but not prior to the expiration of ninety (90)\ndays fr om the date of disability, nor in any event prior to the time when salary\npayments to the employee shall have ceased.\n(3) Any member retired pursuant to this section shall receive the same cost -of-living\nincreases granted to other retirees pursuant to the terms of KRS 95.859(3).","path":["KRS Chapter 95"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=26087","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:56Z","sha256":"ab533d378f02e851d501b455ea9dfa0f58cf256b430ce55f2bfe7a65936c31f1","source_id":"us-ky","stale":false,"prev":"us-ky/krs-95.862","next":"us-ky/krs-95.864"},"notice":"GroundRules: Original legal text. Not legal advice."}