(a) For the purpose of determining the value of "any workmen's compensation benefits paid or payable to the recipient of an accidental total disability benefit" under K.S.A. 74-4916(3) (g) to be deducted from the amounts payable under the provisions of clause (a) of subsection (3) of said section, the amount paid for medical and hospital expenses shall be disregarded. In the case of any accidental total disability benefit approved on or after May 15, 1973, the amount of any attorney fees allowed under K.S.A. 1972 Supp. 44-536 and acts amendatory thereof and supplemental thereto shall be disregarded if the award for disability compensation is equal to 75% or more of the maximum award which could be made for disability compensation under the workmen's compensation act at the time disability commenced.
(b) In determining the amount of the annual benefit provided in
K.S.A. 74-4916(3) (a) in those cases where workmen's compensation benefits are paid or payable to the recipient of such annual benefit the following formula shall be used in making the calculation:
Present value of one-half (1/2) of the member's final average salary less the present value of all workmen's compensation benefits paid or payable divided by the present value of one-half (1/2) of the member's final average salary. This quotient is to be multiplied by one-half (1/2) the final average salary. This formula may be expressed as:
(Present value of 1/2 FAS) minus (Present value Workmen's Compensation Benefit) / (Present value of 1/2 FAS) * (1/2 FAS)
Notes
Kan. Admin. Regs. §
80-6-4
Authorized by K.S.A. 74-4909; effective, E-66-8, July 13, 1966; effective Jan. 1, 1967; amended, E-73-17, May 25, 1973; amended Jan. 1, 1974.
