95.864 Medical examination to determine disability -- Certification of examining physicians -- Termination of policeman's or firefighter's disability retirement <br>annuity -- Appeal. (1) For the purpose of KRS 95.851 to 95.884 and KRS 95.991, a member shall be considered totally and permanently disabled after the board shall have received <br>written certification by at least two (2) licensed and practicing physicians selected <br>by the board that the member is totally and likely to be permanently disabled for the <br>further performance of the duties of any assigned position in the service of the <br>department. If upon consideration of the report of such physicians and such other <br>evidence as shall have been presented to it by the member or others interested <br>therein, the board finds the member to be totally and permanently disabled, it shall <br>grant him a disability retirement annuity upon written certification that the member <br>has been separated from the service of the city because of total disability of such <br>nature as to reasonably prevent further service for the employer, and as a <br>consequence is not entitled to compensation from the city. (2) If, after the board grants a policeman or firefighter a disability retirement annuity, the board determines that a policeman so retired is performing police work for <br>another employer, or that a firefighter so retired is performing firefighting duties for <br>another employer, and that the duties performed for the new employer are <br>substantially the same as those which the retired member performed for the city, <br>then the board may terminate the retired member's disability retirement annuity. (3) If the board terminates a retired member's disability retirement annuity pursuant to subsection (2) of this section, the city shall offer the member reemployment with <br>the police or fire department in order that the member may, if he chooses, complete <br>the service required for normal retirement. Time spent in disability retirement shall <br>not count as service credit for normal retirement. (4) A retired member aggrieved by termination of his disability retirement annuity may appeal the decision of the board to the Circuit Court of the county in which the <br>board is located. The scope of the appeal shall be limited to whether the board <br>abused its discretion in terminating the retirement benefit. Effective: July 15, 1980 <br>History: Amended 1980 Ky. Acts ch. 188, sec. 86, effective July 15, 1980; and ch. 367, sec. 5, effective July 15, 1980. -- Created 1956 Ky. Acts ch. 16, sec. 14, effective <br>July 1, 1956. Legislative Research Commission Note (11/21/96). In 1974, the Reviser of Statutes renumbered KRS 95.885 as KRS 95.991. 1980 Ky. Acts ch. 188, sec. 86, a revisory <br>act, mistakenly changed a reference in this statute from "KRS 95.851 to 95.885" to <br>"KRS 95.851 to 95.991." Because this change would appear to effect a substantive <br>change in the law, it has been disregarded, and the reference has been made to read <br>"KRS 95.851 to 95.884 and KRS 95.991" under KRS 7.123(4) and 7.136(1)(a).
95.864 Medical examination to determine disability -- Certification of examining physicians -- Termination of policeman's or firefighter's disability retirement <br>annuity -- Appeal. (1) For the purpose of KRS 95.851 to 95.884 and KRS 95.991, a member shall be considered totally and permanently disabled after the board shall have received <br>written certification by at least two (2) licensed and practicing physicians selected <br>by the board that the member is totally and likely to be permanently disabled for the <br>further performance of the duties of any assigned position in the service of the <br>department. If upon consideration of the report of such physicians and such other <br>evidence as shall have been presented to it by the member or others interested <br>therein, the board finds the member to be totally and permanently disabled, it shall <br>grant him a disability retirement annuity upon written certification that the member <br>has been separated from the service of the city because of total disability of such <br>nature as to reasonably prevent further service for the employer, and as a <br>consequence is not entitled to compensation from the city. (2) If, after the board grants a policeman or firefighter a disability retirement annuity, the board determines that a policeman so retired is performing police work for <br>another employer, or that a firefighter so retired is performing firefighting duties for <br>another employer, and that the duties performed for the new employer are <br>substantially the same as those which the retired member performed for the city, <br>then the board may terminate the retired member's disability retirement annuity. (3) If the board terminates a retired member's disability retirement annuity pursuant to subsection (2) of this section, the city shall offer the member reemployment with <br>the police or fire department in order that the member may, if he chooses, complete <br>the service required for normal retirement. Time spent in disability retirement shall <br>not count as service credit for normal retirement. (4) A retired member aggrieved by termination of his disability retirement annuity may appeal the decision of the board to the Circuit Court of the county in which the <br>board is located. The scope of the appeal shall be limited to whether the board <br>abused its discretion in terminating the retirement benefit. Effective: July 15, 1980 <br>History: Amended 1980 Ky. Acts ch. 188, sec. 86, effective July 15, 1980; and ch. 367, sec. 5, effective July 15, 1980. -- Created 1956 Ky. Acts ch. 16, sec. 14, effective <br>July 1, 1956. Legislative Research Commission Note (11/21/96). In 1974, the Reviser of Statutes renumbered KRS 95.885 as KRS 95.991. 1980 Ky. Acts ch. 188, sec. 86, a revisory <br>act, mistakenly changed a reference in this statute from "KRS 95.851 to 95.885" to <br>"KRS 95.851 to 95.991." Because this change would appear to effect a substantive <br>change in the law, it has been disregarded, and the reference has been made to read <br>"KRS 95.851 to 95.884 and KRS 95.991" under KRS 7.123(4) and 7.136(1)(a).
95.864 Medical examination to determine disability -- Certification of examining physicians -- Termination of policeman's or firefighter's disability retirement <br>annuity -- Appeal. (1) For the purpose of KRS 95.851 to 95.884 and KRS 95.991, a member shall be considered totally and permanently disabled after the board shall have received <br>written certification by at least two (2) licensed and practicing physicians selected <br>by the board that the member is totally and likely to be permanently disabled for the <br>further performance of the duties of any assigned position in the service of the <br>department. If upon consideration of the report of such physicians and such other <br>evidence as shall have been presented to it by the member or others interested <br>therein, the board finds the member to be totally and permanently disabled, it shall <br>grant him a disability retirement annuity upon written certification that the member <br>has been separated from the service of the city because of total disability of such <br>nature as to reasonably prevent further service for the employer, and as a <br>consequence is not entitled to compensation from the city. (2) If, after the board grants a policeman or firefighter a disability retirement annuity, the board determines that a policeman so retired is performing police work for <br>another employer, or that a firefighter so retired is performing firefighting duties for <br>another employer, and that the duties performed for the new employer are <br>substantially the same as those which the retired member performed for the city, <br>then the board may terminate the retired member's disability retirement annuity. (3) If the board terminates a retired member's disability retirement annuity pursuant to subsection (2) of this section, the city shall offer the member reemployment with <br>the police or fire department in order that the member may, if he chooses, complete <br>the service required for normal retirement. Time spent in disability retirement shall <br>not count as service credit for normal retirement. (4) A retired member aggrieved by termination of his disability retirement annuity may appeal the decision of the board to the Circuit Court of the county in which the <br>board is located. The scope of the appeal shall be limited to whether the board <br>abused its discretion in terminating the retirement benefit. Effective: July 15, 1980 <br>History: Amended 1980 Ky. Acts ch. 188, sec. 86, effective July 15, 1980; and ch. 367, sec. 5, effective July 15, 1980. -- Created 1956 Ky. Acts ch. 16, sec. 14, effective <br>July 1, 1956. Legislative Research Commission Note (11/21/96). In 1974, the Reviser of Statutes renumbered KRS 95.885 as KRS 95.991. 1980 Ky. Acts ch. 188, sec. 86, a revisory <br>act, mistakenly changed a reference in this statute from "KRS 95.851 to 95.885" to <br>"KRS 95.851 to 95.991." Because this change would appear to effect a substantive <br>change in the law, it has been disregarded, and the reference has been made to read <br>"KRS 95.851 to 95.884 and KRS 95.991" under KRS 7.123(4) and 7.136(1)(a).
