RELATES TO:
KRS
161.661,
161.663
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
161.310 requires the Board of Trustees of the
Teachers' Retirement System of the State of Kentucky (TRS) to promulgate
administrative regulations for the administration of the funds of the
retirement system and for the transaction of business.
KRS
161.661(14) authorizes the
board to promulgate administrative regulations regarding procedures for a
medical review committee to follow when reviewing applications for disability
retirement.
KRS
161.661(10) provides that
members retired by reason of disability shall undergo periodic examinations at
the discretion of the board of trustees to determine whether the disability
retirement allowance shall be continued. This administrative regulation
establishes guidelines for filing an application for disability retirement and
the required periodic examinations.
Section
1. To qualify for disability retirement, a member shall meet the
requirements set forth in
KRS
161.661(1) and (9) or
KRS
161.663. A member who requests an application
shall be given a copy of:
(1) Disability
Retirement Information You Should Know;
(2) Disability New Retiree Health Insurance
Information for Plan Year 2016; and
(3) Wage Bracket Method Tables for Income Tax
Withholding.
Section 2.
Administrative Provisions.
(1) An application
for disability retirement shall be filed on the Application for Disability
Retirement (application) and shall include:
(a) A photocopy of the member's certified
birth certificate;
(b) A photocopy
of the member's signed Social Security card;
(c) A voided or cancelled check from the
institution where monthly disbursements shall be electronically
transmitted;
(d) If applicable, a
photocopy of the member's certified marriage certificate;
(e) A photocopy of the primary beneficiary's
certified birth certificate; and
(f) A photocopy of the primary beneficiary's
signed Social Security card.
(2) The Report of Physician and supporting
documentation regarding the member's physical or mental condition shall be
submitted with the application.
(3)
TRS shall submit the application, Applicant Statement of Disability, Report of
Physician, and supporting documentation to the medical review committee for
evaluation and written disposition as required by
KRS
161.661(14).
(4) If the application is approved, payment
of disability benefits shall be effective on the applicable date set forth in
KRS
161.661(11).
Section 3. A member's receipt of
disability benefits shall be subject to the restrictions set forth in
KRS
161.661(12).
Section 4. A member retired by reason of
disability shall undergo examinations on an annual basis to determine whether
the member's disability retirement allowance shall be continued, except that,
on the recommendation of the medical review committee, a member's examinations
may be less frequent, but not less than once every five (5) years.
Section 5. If either of the conditions in
KRS
161.661(16) is met, a member
may seek reinstatement of disability benefits by filing an application as
required in Section 2 of this administrative regulation. Application shall be
made within the time frame set forth in
KRS
161.661(16).
Section 6. Incorporation by reference.
(1) The following material is incorporated by
reference:
(a) "Application for Disability
Retirement", July 2016;
(b)
"Applicant Statement of Disability", D-1, July 2016;
(c) "Disability Retirement Information You
Should Know", DB-1, July 2016;
(d)
"Report of Physician", D-3, July 2016;
(e) "Disability New Retiree Health Insurance
Information for Plan Year 2016", 2016; and
(f) "Wage Bracket Method Tables for Income
Tax Withholding", 2016.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at Teachers' Retirement
System, 479 Versailles Road, Frankfort, Kentucky 40601, Monday through Friday,
8 a.m. to 5 p.m.
