RELATES TO:
KRS
161.661(19)
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(19) authorizes the
board to promulgate administrative regulations regarding disability benefits
for individuals in TRS 4, which consists of those who became members on or
after January 1, 2022. This administrative regulation establishes the
disability retirement benefits for those new members.
Section 1. For TRS 4 members who have less
than five (5) years of creditable Kentucky service, the disability retirement
benefits, including all eligibility and other conditions, shall be those
disability retirement benefits for non-hazardous positions provided under
KRS
61.621 (the Fred Capps Memorial
Act).
Section 2. The members
described in Section 1 shall not be eligible for benefits provided by
KRS
161.661 or
161.663.
Section 3. Administrative Provisions.
(1) An application for duty-related injury
disability benefits shall be filed on the TRS 4 Disability Retirement
Application - Less Than Five Years of Service (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) The Physician's
Disability Evaluation Report and supporting documentation regarding the
member's duty-related injury;
(e)
The Applicant's Disability Statement; and
(f) If the duty-related injury was the result of external
violence, a copy of any incident or police report filed at the time of the
incident.
(2) TRS shall
submit the application and supporting documentation to the medical review
committee for evaluation and written disposition as required by
KRS
161.661(14).
(3) If the application is approved, payment
of these disability benefits shall be effective on the applicable date set
forth in KRS
161.661(11).
Section 4. A member described in
Section 1 of this administrative regulation shall be subject to providing
ongoing and current medical reports upon request by TRS to confirm that the
conditions for disability benefits eligibility remain in place.
Section 5. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "TRS 4 Disability Retirement
Application-Less Than Five Years of Service", September 2022;
(b) "Physician's Disability Evaluation
Report", September 2022; and
(c)
"Applicant's Disability Statement", September 2022.
(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.
