Ky. Rev. Stat. » Chapter 61
Kentucky Revised Statutes

Ky. Rev. Stat. § 61.665 (2026)

Medical examiners -- Ruling on disability retirement -- Appeal

✓ current as of May 2026
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(1) The Authority shall employ or contract for the services of at least three (3) physicians, licensed in the state and not members of the system, upon terms and conditions it prescribes to serve as medical examiners, whose duty it shall be to pass upon all medical examinations required under KRS 61.510 to 61.705, 16.505 to 16.652, and 78.510 to 78.852, to investigate all health or medical statements and certificates made by or in behalf of any person in connection with the payment of money to the person under KRS 61.510 to 61.705, 16.505 to 16.652, and 78.510 to 78.852, and who shall report in writing to the system the conclusions and recommendations upon all matters referred to them. The Authority may employ or contract for the services of one (1) or more licensed mental health professionals in making recommendations regarding mental impairments.

(2) (a) Each person requesting disability retirement shall file at the retirement office:

1. An application for disability retirement and supporting medical information to report the person's physical and mental condition;

2. A complete description of the job and duties from which he or she received his or her last pay, including information regarding whether the person has made a request for reasonable accommodation pursuant to 42 U.S.C. sec. 12111(9) and 29 C.F.R. pt. 1630 or whether reasonable accommodation as provided in 42 U.S.C. sec. 12111(9) and 29 C.F.R. pt. 1630 has been offered to the person; and

3. A certification that the application for disability retirement and supporting medical information are ready to be evaluated by the medical examiners in accordance with subsection (3) of this section.

(b) If, after good faith efforts, the person informs the Authority that he or she has been unable to obtain the employment or medical information, the Authority shall assist the person in obtaining the records and may use the authority granted pursuant to KRS 61.685(1) to obtain the records. If the person fails to file, at the retirement office within one hundred eighty (180) days of the date the person filed his or her notification of retirement, any of the forms, certifications, or information required by this subsection, the person's application for disability retirement shall be void. Any subsequent filing of an application for disability retirement or supporting medical information shall not be evaluated, except as provided in subsection (3)(g) of this section or KRS 61.600(2), 78.5522, or 78.5524.

(c) The employer shall file at the retirement office a complete description of the job and duties for which the person was last paid and shall submit a detailed description of any reasonable accommodations attempted.

(d) The cost of medical examinations and the filing of the medical information, reports, or data with the retirement office shall be paid by the person applying for disability retirement.

(3) (a) The Authority shall select one (1) medical examiner to evaluate the medical evidence submitted by the person. The medical examiner shall recommend that disability retirement be approved or that disability retirement be denied. If there is evidence of a mental impairment, the medical examiner may request the Authority's licensed mental health professional to assist in determining the level of the mental impairment.

(b) If the medical examiner selected under paragraph (a) of this subsection recommends that the person be approved for disability retirement, the system shall make retirement payments in accordance with the retirement plan selected by the person.

(c) If the medical examiner selected under paragraph (a) of this subsection recommends that the person be denied disability retirement, the Authority shall select one (1) medical examiner other than the medical examiner selected under paragraph (a) of this subsection to evaluate the medical evidence submitted by the person. The second medical examiner selected under this paragraph shall recommend that the disability retirement be approved or that disability retirement be denied. If there is evidence of a mental impairment, the second medical examiner may request the Authority's licensed mental health professional to assist in determining the level of mental impairment.

(d) If the second medical examiner selected under paragraph (c) of this subsection recommends that the person be denied disability retirement, the Authority shall send notice of this recommendation by United States first-class mail to the person's last address on file in the retirement office, by electronic mail to the person's last electronic mail address on file in the retirement office, or by other electronic means. The person shall have one hundred eighty (180) days from the day that the Authority sent the notice to file at the retirement office additional supporting medical information and certify to the retirement office that the application for disability retirement and supporting medical information are ready to be evaluated under subsection (4) of this section or to appeal his or her denial of disability retirement by filing at the retirement office a request for a formal hearing. Any subsequent filing of an application for disability retirement or supporting medical information shall not be evaluated, except as provided in KRS 61.600(2), 78.5522, or 78.5524.

(e) If the second medical examiner selected under paragraph (c) of this subsection recommends that the person be approved for disability retirement, the Authority shall select one (1) medical examiner other than the first and second medical examiners selected under paragraphs (a) and (c) of this subsection to evaluate the medical evidence submitted by the person. The third medical examiner selected under this paragraph shall recommend that disability retirement be approved or that disability retirement be denied. If there is evidence of a mental impairment, the third medical examiner may request the Authority's licensed mental health professional to assist in determining the level of the mental impairment.

(f) If the third medical examiner selected under paragraph (e) of this subsection recommends that the person be approved for disability retirement, the system shall make retirement payments in accordance with the retirement plan selected by the person.

(g) If the third medical examiner selected under paragraph (e) of this subsection recommends that the person be denied disability retirement, the Authority shall send notice of this recommendation by United States first-class mail to the person's last address on file in the retirement office, by electronic mail to the person's last electronic mail address on file in the retirement office, or by other electronic means. The person shall have one hundred eighty (180) days from the day that the Authority sent the notice to file at the retirement office additional supporting medical evidence and certify to the retirement office that the application for disability retirement and additional supporting medical evidence are ready to be evaluated under subsection (4) of this section or to appeal his or her denial of disability retirement by filing at the retirement office a request for a formal hearing.

(4) (a) The Authority shall select one (1) medical examiner to evaluate the additional supporting medical evidence submitted by the person in accordance with subsection (3)(d) and (g) of this section. The medical examiner selected under this paragraph shall recommend that disability retirement be approved or that disability retirement be denied. If there is evidence of a mental impairment, the medical examiner may request the Authority's licensed mental health professional to assist in determining the level of the mental impairment.

(b) If the first medical examiner selected under paragraph (a) of this subsection recommends that the person be approved for disability retirement, the system shall make retirement payments in accordance with the retirement plan selected by the person.

(c) If the first medical examiner selected under paragraph (a) of this subsection recommends that the person be denied disability retirement, the Authority shall select one (1) medical examiner other than the medical examiner selected under paragraph (a) of this subsection to evaluate the additional supporting medical evidence. The second medical examiner selected under this paragraph shall recommend that disability retirement be approved or that disability retirement be denied. If there is evidence of a mental impairment, the second medical examiner may request the Authority's licensed mental health professional to assist in determining the level of the mental impairment.

(d) If the second medical examiner selected under paragraph (c) of this subsection recommends that the person be denied disability retirement, the Authority shall send notice of this recommendation by United States first-class mail to the person's last address on file in the retirement office, by electronic mail to the person's last electronic mail address on file in the retirement office, or by other electronic means. The person shall have one hundred eighty (180) days from the day that the Authority sent the notice to appeal his or her denial of disability retirement by filing at the retirement office a request for a formal hearing.

(e) If the second medical examiner selected under paragraph (c) of this subsection recommends that the person be approved for disability retirement, the Authority shall select one (1) medical examiner other than the first and second medical examiners selected under paragraphs (a) and (c) of this subsection to evaluate the additional supporting medical evidence. The third medical examiner selected under this paragraph shall recommend that disability retirement be approved or that disability retirement be denied. If there is evidence of a mental impairment, the third medical examiner may request the Authority's licensed mental health professional to assist in determining the level of the mental impairment.

(f) If the third medical examiner selected under paragraph (e) of this subsection recommends that the person be approved for disability retirement, the system shall make retirement payments in accordance with the retirement plan selected by the person.

(g) If the third medical examiner selected under paragraph (e) of this subsection recommends that the person be denied disability retirement, the Authority shall send notice of this recommendation by United States first-class mail to the person's last address on file in the retirement office, by electronic mail to the person's last electronic mail address on file in the retirement office, or by other electronic means. The person shall have one hundred eighty (180) days from the day that the Authority sent the notice to appeal his or her denial of disability retirement by filing at the retirement office a request for a formal hearing.

(5) The medical examiners shall be paid a reasonable amount by the retirement system for each case evaluated.

(6) Notwithstanding the foregoing provisions of this section, the Authority may pay for one (1) or more medical examinations of the person requested by the medical examiners for the purpose of providing medical information deemed necessary by the medical examiners. The system may require the person to submit to one (1) or more medical examinations.

(7) (a) Any person whose disability benefits have been reduced, discontinued, or denied pursuant to subsection (3)(g) or (4)(g) of this section may file at the retirement office a request for a formal hearing to be conducted in accordance with KRS Chapter 13B. The right to demand a formal hearing shall be limited to a period of one hundred eighty (180) days after the person had notice of the system's determination, as described in subsection (3)(g) or (4)(g) of this section. The request for a formal hearing shall be filed with the executive director, at the retirement office in Frankfort. The request for a formal hearing shall include a short and plain statement of the reasons the denial of disability retirement is being contested.

(b) Failure of the person to request a formal hearing within the period of time specified shall preclude the person from proceeding any further with the application for disability retirement, except as provided in KRS 61.600(2), 78.5522, or 78.5524. This paragraph shall not limit the person's right to appeal to a court.

(c) The system may require the person requesting the formal hearing to submit to one (1) or more medical or psychological examinations. Notice of the time and place of the examination shall be provided to the person or his or her legal representative. The system shall be responsible for the cost of the examination.

(d) A final order of the board shall be based on substantial evidence appearing in the record as a whole and shall set forth the decision of the board and the facts and law upon which the decision is based.

(e) All requests for a hearing pursuant to this section shall be made in writing.

(8) The boards of the Kentucky Retirement Systems and the County Employees Retirement Systems may each establish an appeals committee whose members shall be appointed by the chair and that shall have the authority to act upon the recommendations and reports of the hearing officer pursuant to this section on behalf of each respective board. The boards of the Kentucky Retirement Systems and the County Employees Retirement System may establish a joint appeals committee that shall be authorized to select a chair from among its committee members and to act upon the recommendations and reports of the hearing officer pursuant to this section on behalf of both boards.

(9) Any person aggrieved by a final order of the board may seek judicial review after all administrative appeals have been exhausted by filing a petition for judicial review in the Franklin Circuit Court in accordance with KRS Chapter 13B. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 55, sec. 14, effective July 15, 2024. -- Amended 2022 Ky. Acts ch. 216, sec. 14, effective April 14, 2022. -- Amended 2021 Ky. Acts ch. 102, sec. 69, effective April 1, 2021. -- Amended 2004 Ky. Acts ch. 36, sec. 26, effective July 13, 2004. -- Amended 2003 Ky. Acts ch. 169, sec. 12, effective March 31, 2003. -- Amended 2000 Ky. Acts ch. 385, sec. 24, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 105, sec. 17, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 167, sec. 19, effective July 15, 1996; and ch. 318, sec. 30, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 406, sec. 4, effective July 15, 1994; and ch. 485, sec. 23, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 240, sec. 43, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 346, sec. 6, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 349, sec. 42, effective July 15, 1988; and ch. 387, sec. 3, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 90, sec. 21, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 232, sec. 8, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 423, sec. 11, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 311, sec. 18, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 321, sec. 40. -- Amended 1974 Ky. Acts ch. 128, sec. 28. -- Amended 1972 Ky. Acts ch. 116, sec. 53. -- Created 1956 Ky. Acts ch. 110, sec. 32.

Notes of Decisions
Cited in 19 cases (6 in the last 5 years), 2001–2026 · leading case: McManus v. Kentucky Ret. Sys., 124 S.W.3d 454 (Ky. Ct. App. 2004).
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McManus v. Kentucky Ret. Sys., 124 S.W.3d 454 (Ky. Ct. App. 2004). · cites it 4× “600 states in relevant part: (2) Upon the examination of the objective medical evidence by licensed physicians pursuant to KRS 61.665, it shall be determined that: (a)The person, since his last day of paid employment, has been mentally or physically incapacitated to perform the…”
Kentucky Ret. Sys. v. Lewis, 163 S.W.3d 1 (Ky. 2005). · cites it 5× “If the two disagree, a third medical examiner reviews the application before the matter is set for a hearing.”
Kentucky Ret. Sys. v. Brown, 336 S.W.3d 8 (Ky. 2011). “600 contains several other requirements, we confine our consideration to the following pertinent parts of that statute which provides: (3) Upon the examination of the objective medical evidence by licensed physicians pursuant to KRS 61.665, it shall be determined that: (b)The…”
Kentucky Ret. Sys. v. West, 413 S.W.3d 578 (Ky. 2013). · cites it 2× “board shall be based on substantial evidence appearing in the record as a whole and shall set forth the decision of the board and the facts and law upon which the decision is based.”). The error the majority perpetuates is the presumption that the minute daily (and annual)…”
Kentucky Ret. Sys. v. Bowens, 281 S.W.3d 776 (Ky. 2009). “600 provides, in part, that upon the examination of the objective medical evidence by licensed physicians pursuant to KRS 61.665, it shall be determined that: 1)the person, since his last day of paid employment, has been mentally or physically incapacitated to perform the job,…”
Lindall v. Kentucky Ret. Sys., 112 S.W.3d 391 (Ky. Ct. App. 2003). “600: (2) Upon the examination of the objective medical evidence by licensed physicians pursuant to KRS 61.665, it shall be determined that: (a) The person, since his last day of paid employment, has been mentally or physically incapacitated to perform the job, or jobs of like…”
Kentucky Ret. Sys. v. Heavrin, 172 S.W.3d 808 (Ky. Ct. App. 2005). “030(1); KRS 61.665(4). This Court vacated the judgment of the Franklin Circuit Court and the order entered by the Administrative Appeals Committee of the Board of Trustees of the Systems and remanded the matter back to the Board of Trustees for entry of a final decision.”
Kentucky Ret. Sys. v. Ronald Ashcraft (Ky. 2018). · cites it 13× “600(3) provides: Upon the examination of the objective medical evidence by licensed physicians pursuant to KRS 61.665, it shall be determined that: (a) The person, since his last day of paid employment, has been mentally or physically incapacitated to perform the job, or jobs of…”
Veronica Bradley v. Kentucky Ret. Sys. (Ky. 2018). · cites it 10× “600(3) generally describes the concept of incapacity for disability retirement purposes, in relevant part, as follows: Upon the examination of the objective medical evidence by licensed physicians pursuant to KRS 61.665, it shall be determined that: (a) The person, since his…”
Kentucky Pub. Pensions Auth. v. Brian Swint (Ky. Ct. App. 2025). · cites it 10× “Pursuant to KRS 61.665, three medical examiners reviewed Swint’s application, including supporting medical records and incident reports from Little Sandy and Lucasville Prison, and rendered recommendations on whether to approve or deny his request for disability retirement…”
Kentucky Pub. Pensions Auth. on Behalf of the Jt. Disability Appeals Comm. of Kentucky Ret. Sys. & Cnty. Employees Ret. Sys. v. Clifford Grinninger (Ky. Ct. App. 2026). · cites it 6× “600(3)2 and KRS 61.665,3 the Retirement System’s panel of three medical examiners evaluated Grinninger’s disability claim and medical records, including Magnetic Resonance Imaging (MRI) of his lumbar and cervical spine in 2015 and 2018, extensive chiropractic treatment notes,…”
Barbara Nooner v. Kentucky Ret. Sys. (Ky. Ct. App. 2022). · cites it 4× “See KRS 61.665(2)(f). Instead, she appealed the Medical Review Board’s determination by filing a request for a formal hearing.”
Show all 19 citing cases →
— Ky. Rev. Stat. § 61.665(1) — 1 case
McManus v. Kentucky Ret. Sys., 124 S.W.3d 454 (Ky. Ct. App. 2004). “600 states in relevant part: (2) Upon the examination of the objective medical evidence by licensed physicians pursuant to KRS 61.665, it shall be determined that: (a)The person, since his last day of paid employment, has been mentally or physically incapacitated to perform the…”
— Ky. Rev. Stat. § 61.665(2)(e) — 4 cases
Kentucky Ret. Sys. v. Lewis, 163 S.W.3d 1 (Ky. 2005). “If the two disagree, a third medical examiner reviews the application before the matter is set for a hearing.”
Veronica Bradley v. Kentucky Ret. Sys. (Ky. 2018). “600(3) generally describes the concept of incapacity for disability retirement purposes, in relevant part, as follows: Upon the examination of the objective medical evidence by licensed physicians pursuant to KRS 61.665, it shall be determined that: (a) The person, since his…”
Kentucky Ret. Sys. v. Ronald Ashcraft (Ky. 2018). “600(3) provides: Upon the examination of the objective medical evidence by licensed physicians pursuant to KRS 61.665, it shall be determined that: (a) The person, since his last day of paid employment, has been mentally or physically incapacitated to perform the job, or jobs of…”
Kentucky Pub. Pensions Auth. v. Brian Swint (Ky. Ct. App. 2025). “Pursuant to KRS 61.665, three medical examiners reviewed Swint’s application, including supporting medical records and incident reports from Little Sandy and Lucasville Prison, and rendered recommendations on whether to approve or deny his request for disability retirement…”
— Ky. Rev. Stat. § 61.665(2)(f) — 4 cases
Barbara Nooner v. Kentucky Ret. Sys. (Ky. Ct. App. 2022). “See KRS 61.665(2)(f). Instead, she appealed the Medical Review Board’s determination by filing a request for a formal hearing.”
Kentucky Ret. Sys. v. Ronald Ashcraft (Ky. 2018). “600(3) provides: Upon the examination of the objective medical evidence by licensed physicians pursuant to KRS 61.665, it shall be determined that: (a) The person, since his last day of paid employment, has been mentally or physically incapacitated to perform the job, or jobs of…”
Kentucky Pub. Pensions Auth. v. Brian Swint (Ky. Ct. App. 2025). “Pursuant to KRS 61.665, three medical examiners reviewed Swint’s application, including supporting medical records and incident reports from Little Sandy and Lucasville Prison, and rendered recommendations on whether to approve or deny his request for disability retirement…”
Kentucky Pub. Pensions Auth. on Behalf of the Jt. Disability Appeals Comm. of Kentucky Ret. Sys. & Cnty. Employees Ret. Sys. v. Clifford Grinninger (Ky. Ct. App. 2026). “600(3)2 and KRS 61.665,3 the Retirement System’s panel of three medical examiners evaluated Grinninger’s disability claim and medical records, including Magnetic Resonance Imaging (MRI) of his lumbar and cervical spine in 2015 and 2018, extensive chiropractic treatment notes,…”
— Ky. Rev. Stat. § 61.665(3) — 5 cases
McManus v. Kentucky Ret. Sys., 124 S.W.3d 454 (Ky. Ct. App. 2004). “600 states in relevant part: (2) Upon the examination of the objective medical evidence by licensed physicians pursuant to KRS 61.665, it shall be determined that: (a)The person, since his last day of paid employment, has been mentally or physically incapacitated to perform the…”
Kentucky Ret. Sys. v. Lewis, 163 S.W.3d 1 (Ky. 2005). “If the two disagree, a third medical examiner reviews the application before the matter is set for a hearing.”
Veronica Bradley v. Kentucky Ret. Sys. (Ky. 2018). “600(3) generally describes the concept of incapacity for disability retirement purposes, in relevant part, as follows: Upon the examination of the objective medical evidence by licensed physicians pursuant to KRS 61.665, it shall be determined that: (a) The person, since his…”
Kentucky Ret. Sys. v. Ronald Ashcraft (Ky. 2018). “600(3) provides: Upon the examination of the objective medical evidence by licensed physicians pursuant to KRS 61.665, it shall be determined that: (a) The person, since his last day of paid employment, has been mentally or physically incapacitated to perform the job, or jobs of…”
Kentucky Pub. Pensions Auth. v. Brian Swint (Ky. Ct. App. 2025). “Pursuant to KRS 61.665, three medical examiners reviewed Swint’s application, including supporting medical records and incident reports from Little Sandy and Lucasville Prison, and rendered recommendations on whether to approve or deny his request for disability retirement…”
— Ky. Rev. Stat. § 61.665(3)(c) — 2 cases
Kentucky Ret. Sys. v. Ronald Ashcraft (Ky. 2018). “600(3) provides: Upon the examination of the objective medical evidence by licensed physicians pursuant to KRS 61.665, it shall be determined that: (a) The person, since his last day of paid employment, has been mentally or physically incapacitated to perform the job, or jobs of…”
Kentucky Pub. Pensions Auth. v. Brian Swint (Ky. Ct. App. 2025). “Pursuant to KRS 61.665, three medical examiners reviewed Swint’s application, including supporting medical records and incident reports from Little Sandy and Lucasville Prison, and rendered recommendations on whether to approve or deny his request for disability retirement…”
— Ky. Rev. Stat. § 61.665(3)(d) — 8 cases
Kentucky Ret. Sys. v. West, 413 S.W.3d 578 (Ky. 2013). “board shall be based on substantial evidence appearing in the record as a whole and shall set forth the decision of the board and the facts and law upon which the decision is based.”). The error the majority perpetuates is the presumption that the minute daily (and annual)…”
Veronica Bradley v. Kentucky Ret. Sys. (Ky. 2018). “600(3) generally describes the concept of incapacity for disability retirement purposes, in relevant part, as follows: Upon the examination of the objective medical evidence by licensed physicians pursuant to KRS 61.665, it shall be determined that: (a) The person, since his…”
Kentucky Ret. Sys. v. Ronald Ashcraft (Ky. 2018). “600(3) provides: Upon the examination of the objective medical evidence by licensed physicians pursuant to KRS 61.665, it shall be determined that: (a) The person, since his last day of paid employment, has been mentally or physically incapacitated to perform the job, or jobs of…”
Barbara Nooner v. Kentucky Ret. Sys. (Ky. Ct. App. 2022). “See KRS 61.665(2)(f). Instead, she appealed the Medical Review Board’s determination by filing a request for a formal hearing.”
Rebecca Ratliff v. Kentucky Ret. Sys. (Ky. Ct. App. 2020).
— Ky. Rev. Stat. § 61.665(4) — 4 cases
Kentucky Ret. Sys. v. Heavrin, 172 S.W.3d 808 (Ky. Ct. App. 2005). “030(1); KRS 61.665(4). This Court vacated the judgment of the Franklin Circuit Court and the order entered by the Administrative Appeals Committee of the Board of Trustees of the Systems and remanded the matter back to the Board of Trustees for entry of a final decision.”
Baker v. Commonwealth, 50 S.W.3d 770 (Ky. Ct. App. 2001).
Kentucky Ret. Sys. v. Ronald Ashcraft (Ky. 2018). “600(3) provides: Upon the examination of the objective medical evidence by licensed physicians pursuant to KRS 61.665, it shall be determined that: (a) The person, since his last day of paid employment, has been mentally or physically incapacitated to perform the job, or jobs of…”
Kentucky Pub. Pensions Auth. v. Brian Swint (Ky. Ct. App. 2025). “Pursuant to KRS 61.665, three medical examiners reviewed Swint’s application, including supporting medical records and incident reports from Little Sandy and Lucasville Prison, and rendered recommendations on whether to approve or deny his request for disability retirement…”
— Ky. Rev. Stat. § 61.665(5) — 4 cases
Kentucky Ret. Sys. v. Nancy Gauze (Ky. Ct. App. 2020).
Kentucky Ret. Sys. v. Ronald Ashcraft (Ky. 2018). “600(3) provides: Upon the examination of the objective medical evidence by licensed physicians pursuant to KRS 61.665, it shall be determined that: (a) The person, since his last day of paid employment, has been mentally or physically incapacitated to perform the job, or jobs of…”
Kentucky Pub. Pensions Auth. on Behalf of the Jt. Disability Appeals Comm. of Kentucky Ret. Sys. & Cnty. Employees Ret. Sys. v. Clifford Grinninger (Ky. Ct. App. 2026). “600(3)2 and KRS 61.665,3 the Retirement System’s panel of three medical examiners evaluated Grinninger’s disability claim and medical records, including Magnetic Resonance Imaging (MRI) of his lumbar and cervical spine in 2015 and 2018, extensive chiropractic treatment notes,…”
Bd. of Trs. v. Est. of Chaney, 253 S.W.3d 67 (Ky. Ct. App. 2008).
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