Ky. Rev. Stat. § 61.665

Current through 2024 Ky. Acts ch. 225

Section 61.665 - Medical examiners - Ruling on disability retirement - Appeal

(1) The Authority shall employ or contract for the services of at least three (3) physicians, licensed in the state and not members of the system, upon terms and conditions it prescribes to serve as medical examiners, whose duty it shall be to pass upon all medical examinations required under KRS 61.510 to 61.705, 16.505 to 16.652, and 78.510 to 78.852, to investigate all health or medical statements and certificates made by or in behalf of any person in connection with the payment of money to the person under KRS 61.510 to 61.705, 16.505 to 16.652, and 78.510 to 78.852, and who shall report in writing to the system the conclusions and recommendations upon all matters referred to them. The Authority may employ or contract for the services of one (1) or more licensed mental health professionals in making recommendations regarding mental impairments.

(2)

(a) Each person requesting disability retirement shall file at the retirement office:

1.An application for disability retirement and supporting medical information to report the person's physical and mental condition;

2.A complete description of the job and duties from which he or she received his or her last pay, including information regarding whether the person has made a request for reasonable accommodation pursuant to 42 U.S.C. sec. 12111(9) and 29 C.F.R. pt. 1630 or whether reasonable accommodation as provided in 42 U.S.C. sec. 12111(9) and 29 C.F.R. pt. 1630 has been offered to the person; and

3. A certification that the application for disability retirement and supporting medical information are ready to be evaluated by the medical examiners in accordance with subsection (3) of this section.

(b)If, after good faith efforts, the person informs the Authority that he or she has been unable to obtain the employment or medical information, the Authority shall assist the person in obtaining the records and may use the authority granted pursuant to KRS 61.685(1) to obtain the records. If the person fails to file, at the retirement office within one hundred eighty (180) days of the date the person filed his or her notification of retirement, any of the forms, certifications, or information required by this subsection, the person's application for disability retirement shall be void. Any subsequent filing of an application for disability retirement or supporting medical information shall not be evaluated, except as provided in subsection (3)(g) of this section or KRS 61.600(2), 78.5522, or 78.5524.

(c) The employer shall file at the retirement office a complete description of the job and duties for which the person was last paid and shall submit a detailed description of any reasonable accommodations attempted.

(d) The cost of medical examinations and the filing of the medical information, reports, or data with the retirement office shall be paid by the person applying for disability retirement.

(3)

(a) The Authority shall select one (1) medical examiner to evaluate the medical evidence submitted by the person. The medical examiner shall recommend that disability retirement be approved, or that disability retirement be denied. If there is evidence of a mental impairment, the medical examiner may request the Authority's licensed mental health professional to assist in determining the level of the mental impairment.

(b) If the medical examiner selected under paragraph (a) of this subsection recommends that the person be approved for disability retirement, the system shall make retirement payments in accordance with the retirement plan selected by the person.

(c) If the medical examiner selected under paragraph (a) of this subsection recommends that the person be denied disability retirement, the Authority shall select one (1) medical examiner other than the medical examiner selected under paragraph (a) of this subsection to evaluate the medical evidence submitted by the person. The second medical examiner selected under this paragraph shall recommend that the disability retirement be approved, or that disability retirement be denied. If there is evidence of a mental impairment, the second medical examiner may request the Authority's licensed mental health professional to assist in determining the level of mental impairment.

(d) If the second medical examiner selected under paragraph (c) of this subsection recommends that the person be denied disability retirement, the Authority shall send notice of this recommendation by United States first-class mail to the person's last address on file in the retirement office, by electronic mail to the person's last electronic mail address on file in the retirement office, or by other electronic means. The person shall have one hundred eighty (180) days from the day that the Authority sent the notice to file at the retirement office additional supporting medical information and certify to the retirement office that the application for disability retirement and supporting medical information are ready to be evaluated under subsection (4) of this section or to appeal his or her denial of disability retirement by filing at the retirement office a request for a formal hearing. Any subsequent filing of an application for disability retirement or supporting medical information shall not be evaluated, except as provided in KRS 61.600(2), 78.5522, or 78.5524.

(e) If the second medical examiner selected under paragraph (c) of this subsection recommends that the person be approved for disability retirement, the Authority shall select one (1) medical examiner other than the first and second medical examiners selected under paragraphs (a) and (c) of this subsection to evaluate the medical evidence submitted by the person. The third medical examiner selected under this paragraph shall recommend that disability retirement be approved, or that disability retirement be denied. If there is evidence of a mental impairment, the third medical examiner may request the Authority's licensed mental health professional to assist in determining the level of the mental impairment.

(f) If the third medical examiner selected under paragraph (e) of this subsection recommends that the person be approved for disability retirement, the system shall make retirement payments in accordance with the retirement plan selected by the person.

(g) If the third medical examiner selected under paragraph (e) of this subsection recommends that the person be denied disability retirement, the Authority shall send notice of this recommendation by United States first-class mail to the person's last address on file in the retirement office, by electronic mail to the person's last electronic mail address on file in the retirement office, or by other electronic means. The person shall have one hundred eighty (180) days from the day that the Authority sent the notice to file at the retirement office additional supporting medical evidence and certify to the retirement office that the application for disability retirement and additional supporting medical evidence are ready to be evaluated under subsection (4) of this section or to appeal his or her denial of disability retirement by filing at the retirement office a request for a formal hearing.

(4)

(a) The Authority shall select one (1) medical examiner to evaluate the additional supporting medical evidence submitted by the person in accordance with subsection (3)(d) and (g) of this section. The medical examiner selected under this paragraph shall recommend that disability retirement be approved, or that disability retirement be denied. If there is evidence of a mental impairment, the medical examiner may request the Authority's licensed mental health professional to assist in determining the level of the mental impairment.

(b) If the first medical examiner selected under paragraph (a) of this subsection recommends that the person be approved for disability retirement, the system shall make retirement payments in accordance with the retirement plan selected by the person.

(c) If the first medical examiner selected under paragraph (a) of this subsection recommends that the person be denied disability retirement, the Authority shall select one (1) medical examiner other than the medical examiner selected under paragraph (a) of this subsection to evaluate the additional supporting medical evidence. The second medical examiner selected under this paragraph shall recommend that disability retirement be approved, or that disability retirement be denied. If there is evidence of a mental impairment, the second medical examiner may request the Authority's licensed mental health professional to assist in determining the level of the mental impairment.

(e) If the second medical examiner selected under paragraph (c) of this subsection recommends that the person be approved for disability retirement, the Authority shall select one (1) medical examiner other than the first and second medical examiners selected under paragraphs (a) and (c) of this subsection to evaluate the additional supporting medical evidence. The third medical examiner selected under this paragraph shall recommend that disability retirement be approved, or that disability retirement be denied. If there is evidence of a mental impairment, the third medical examiner may request the Authority's licensed mental health professional to assist in determining the level of the mental impairment.

(g) If the third medical examiner selected under paragraph (e) of this subsection recommends that the person be denied disability retirement, the Authority shall send notice of this recommendation by United States first-class mail to the person's last address on file in the retirement office, by electronic mail to the person's last electronic mail address on file in the retirement office, or by other electronic means. The person shall have one hundred eighty (180) days from the day that the Authority sent the notice to appeal his or her denial of disability retirement by filing at the retirement office a request for a formal hearing

(5) The medical examiners shall be paid a reasonable amount by the retirement system for each case evaluated.

(6) Notwithstanding the foregoing provisions of this section, the Authority may pay for one (1) or more medical examinations of the person requested by the medical examiners for the purpose of providing medical information deemed necessary by the medical examiners. The system may require the person to submit to one (1) or more medical examinations.

(7)

(a) Any person whose disability benefits have been reduced, discontinued, or denied pursuant to subsection (3)(g) or (4)(g) of this section may file at the retirement office a request for a formal hearing to be conducted in accordance with KRS Chapter 13B. The right to demand a formal hearing shall be limited to a period of one hundred eighty (180) days after the person had notice of the system's determination, as described in subsection (3)(g) or (4)(g) of this section. The request for a formal hearing shall be filed with the executive director, at the retirement office in Frankfort. The request for a formal hearing shall include a short and plain statement of the reasons the denial of disability retirement is being contested.

(b) Failure of the person to request a formal hearing within the period of time specified shall preclude the person from proceeding any further with the application for disability retirement, except as provided in KRS 61.600(2), 78.5522, or 78.5524. This paragraph shall not limit the person's right to appeal to a court.

(c) The system may require the person requesting the formal hearing to submit to one (1) or more medical or psychological examinations. Notice of the time and place of the examination shall be provided to the person or his or her legal representative. The system shall be responsible for the cost of the examination.

(d) A final order of the board shall be based on substantial evidence appearing in the record as a whole and shall set forth the decision of the board and the facts and law upon which the decision is based.

(e) All requests for a hearing pursuant to this section shall be made in writing.

(8) The boards of the Kentucky Retirement Systems and the County Employees Retirement Systems may each establish an appeals committee whose members shall be appointed by the chair and that shall have the authority to act upon the recommendations and reports of the hearing officer pursuant to this section on behalf of each respective board. The boards of the Kentucky Retirement Systems and the County Employees Retirement System may establish a joint appeals committee that shall be authorized to select a chair from among its committee members and to act upon the recommendations and reports of the hearing officer pursuant to this section on behalf of both boards.

(9) Any person aggrieved by a final order of the board may seek judicial review after all administrative appeals have been exhausted by filing a petition for judicial review in the Franklin Circuit Court in accordance with KRS Chapter 13B.

KRS 61.665

Effective: April 1, 2021

Amended 2021 Ky. Acts ch. 102, sec. 69, effective April 1, 2021. -- Amended 2004 Ky. Acts ch. 36, sec. 26, effective July 13, 2004. -- Amended 2003 Ky. Acts ch. 169, sec. 12, effective March 31, 2003. -- Amended 2000 Ky. Acts ch. 385, sec. 24, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 105, sec. 17, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 167, sec. 19, effective July 15, 1996; and ch. 318, sec. 30, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 406, sec. 4, effective July 15, 1994; and ch. 485, sec. 23, effective July 15, 1994. Amended 1992 Ky. Acts ch. 240, sec. 43, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 346, sec. 6, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 349, sec. 42, effective July 15, 1988; and ch. 387, sec. 3, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 90, sec. 21, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 232, sec. 8, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 423, sec. 11, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 311, sec. 18, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 321, sec. 40. -- Amended 1974 Ky. Acts ch. 128, sec. 28. -- Amended 1972 Ky. Acts ch. 116, sec. 53. -- Created 1956 Ky. Acts ch. 110, sec. 32.

Amended by 2024 Ky. Acts ch. 55,§ 14, eff. 7/15/2024.

Amended by 2022 Ky. Acts ch. 216,§ 14, eff. 4/14/2022.

Amended by 2021 Ky. Acts ch. 102,§ 69, eff. 4/1/2021.

Effective:7/13/2004
Amended 2004, Ky. Acts ch. 36, sec. 26, effective7/13/2004. -- Amended 2003, Ky. Acts ch. 169, sec. 12, effective 3/31/2003. -- Amended 2000, Ky. Acts ch. 385, sec. 24, effective 7/14/2000. -- Amended 1998, Ky. Acts ch. 105, sec. 17, effective 7/15/1998. -- Amended 1996, Ky. Acts ch. 167, sec. 19, effective 7/15/1996; and ch. 318, sec. 30, effective 7/15/1996. -- Amended 1994 Ky. Acts ch. 406, sec. 4, effective 7/15/1994; and ch. 485, sec. 23, effective 7/15/1994. - Amended 1992 Ky. Acts ch. 240, sec. 43, effective 7/14/1992. -- Amended 1990 Ky. Acts ch. 346, sec. 6, effective 7/13/1990. -- Amended 1988 Ky. Acts ch. 349, sec. 42, effective 7/15/1988; and ch. 387, sec. 3, effective 7/15/1988. -- Amended 1986 Ky. Acts ch. 90, sec. 21, effective 7/15/1986. -- Amended 1984 Ky. Acts ch. 232, sec. 8, effective 7/13/1984. -- Amended 1982 Ky. Acts ch. 423, sec. 11, effective 7/15/1982. -- Amended 1978 Ky. Acts ch. 311, sec. 18, effective 6/17/1978. -- Amended 1976 Ky. Acts ch. 321, sec. 40. -- Amended 1974 Ky. Acts ch. 128, sec. 28. -- Amended 1972 Ky. Acts ch. 116, sec. 53. -- Created 1956 Ky. Acts ch. 110, sec. 32.