12RS HB529
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HB529

12RS

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HB 529/LM/AA (BR 1760) - B. Yonts

     AN ACT relating to disability retirement.
     Amend KRS 16.582 and 61.600 to amend disability application and approval procedures of the Kentucky Employees Retirement System (KERS), County Employees Retirement System (CERS), or State Police Retirement System (SPRS) for persons applying for disability benefits on or after August 1, 2012, by deeming disabling conditions as permanent if the applicant was approved for Social Security disability benefits, by allowing the applicants to reapply for disability benefits based upon approval for Social Security disability benefits provided Social Security disability benefits were awarded within twenty-four months of the person's last day of paid employment, and by not considering a condition as pre-existing if the systems can only identify one pre-existing condition but the person is determined disabled by the Social Security Administration based upon multiple disabling conditions; amend KRS 61.610 to establish verification process for receipt of Social Security disability benefits and to require a disability recipient to notify the systems if his or her Social Security disability benefits have been discontinued; amend KRS 61.615 to allow the systems to verify receipt of Social Security disability benefits in cases of discontinuance of disability benefits; establish the hearing officer's decision in disability cases as a final order of the board; require hearing officers contracted or employed by the systems on or after August 1, 2012, to have at least 5 years of experience in Social Security disability benefits, state retirement disability benefits, or worker's compensation benefits; prohibit the system from discontinuing disability benefits for persons who apply for disability benefits on or after August 1, 2012, who have received approval for Social Security disability benefits within 24 months of their last day of paid employment; amend KRS 61.665 to allow the systems to require verification of Social Security disability benefits in approval of state-retirement disability benefits; establish the hearing officer's decision in disability cases as a final order of the board; require hearing officers contracted or employed by the systems on or after August 1, 2012 to have at least 5 years of experience in Social Security disability benefits, state retirement disability benefits, or worker's compensation benefits; presume that a person applying for disability benefits on or after August 1, 2012, is permanently disabled if the person has received approval for Social Security disability within 24 months following his or her last day of paid employment; create a new section of KRS 61.510 to 61.705 to limit attorney fees involving approval or litigation of KERS, CERS, or SPRS disability benefits to 25% of back disability payments awarded, not to exceed a set dollar amount based upon the level of appeal; amend KRS 16.645 and 78.545 to conform; EFFECTIVE AUGUST 1, 2112.

     Mar 1-introduced in House
     Mar 5-to State Government (H)
     Mar 13-posted in committee


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