{"data":{"id":"us-ky/krs-95.864","jurisdiction":"us-ky","citation":"KRS 95.864","heading":"Medical examination to determine disability -- Certification of examining","body":"physicians -- Termination of policeman's or firefighter's disability retirement\nannuity -- Appeal.\n(1) For the purpose of KRS 95.851 to 95.884 and KRS 95.991, a member shall be\nconsidered totally and permanently disabled after the board shall have received\nwritten certification by at least two (2) licensed and practicing physicians selected\nby the board that the member is totally and likely to be permanently disabled for the\nfurther performance of the duties of any assigned position in the service of the\ndepartment. If upon consideration of the report of such physicians and such other\nevidence as shall have been presented to it by the member or others interested\ntherein, the board finds the member to be totally and permanently disabled, it shall\ngrant him a disability retirement annuity upon written certification that the member\nhas been separated from the service of the city because of total disability of such\nnature as to reasonab ly prevent further service for the employer, and as a\nconsequence is not entitled to compensation from the city.\n(2) If, after the board grants a policeman or firefighter a disability retirement annuity,\nthe board determines that a policeman so retired is performing police work for\nanother employer, or that a firefighter so retired is performing firefighting duties for\nanother employer, and that the duties performed for the new employer are\nsubstantially the same as those which the retired member performed for the city,\nthen the board may terminate the retired member's disability retirement annuity.\n(3) If the board terminates a retired member's disability retirement annuity pursuant to\nsubsection (2) of this section, the city shall offer the member reemploy ment with\nthe police or fire department in order that the member may, if he chooses, complete\nthe service required for normal retirement. Time spent in disability retirement shall\nnot count as service credit for normal retirement.\n(4) A retired member aggrieved by termination of his disability retirement annuity may\nappeal the decision of the board to the Circuit Court of the county in which the\nboard is located. The scope of the appeal shall be limited to whether the board\nabused its discretion in terminating the retirement benefit.","path":["KRS Chapter 95"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=26088","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:56Z","sha256":"e03a0a3509fd0db4735042a0071f3f1f570c9a7dfd192c8fda0a7c9c6ed64b4c","source_id":"us-ky","stale":false,"prev":"us-ky/krs-95.863","next":"us-ky/krs-95.8641"},"notice":"GroundRules: Original legal text. Not legal advice."}