16.601 Death in the line of duty -- Payments to surviving spouse, dependent
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/ky/16-601A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
children, and designated beneficiaries -- Election -- Receipt of benefits under
KRS 16.578 pending final determination.
(1)If a member dies as a direct result of an act in line of duty as defined in KRS 16.505
and is survived by a spouse:
(a)The surviving spouse shall be the beneficiary, and this shall supersede the
designation of all previous beneficiaries of the deceased member's retirement
account except as provided in KRS 61.542(2)(e);
(b)The surviving spouse, provided he or she supersedes all previously designated
beneficiaries, may elect to receive a lump-sum payment of ten thousand
dollars ($10,000) and a monthly payment equal to seventy-five percent (75%)
of the member's monthly average pay beginning in the month following the
member's death and continuing each month until the death of the surviving
spouse; and
(c)In addition, if the member is also survived by dependent children, monthly
payments shall be made for each dependent child equal to ten percent (10%)
of the deceased member's monthly average pay, except that the combined
maximum payment made to the:
1. Surviving spouse and dependent children under this subsection shall not
exceed one hundred percent (100%) of the deceased member's monthly
average pay; and
2. Dependent children, while the surviving spouse is living, shall not
exceed twenty-five percent (25%) of the deceased member's monthly
average pay. Payments made to the dependent children under this
subsection shall be divided equally among all the dependent children.
(2)If a member dies as a result of an act in line of duty as defined in KRS 16.505 and is
not survived by a spouse but is survived by a dependent child or children, the
following benefits shall be paid to the dependent child or children:
(a)Fifty percent (50%) of the deceased member's monthly average pay, if the
deceased member has one
(1)dependent child;
(b)Sixty-five percent (65%) of the deceased member's monthly average pay, if
the deceased member has two
(2)dependent children; or
(c)Seventy-five percent (75%) of the deceased member's monthly average pay, if
the deceased member has three
(3)or more dependent children.
Payments made to the dependent children under this subsection shall be divided
equally among all the dependent children.
(3)If a member dies as a direct result of an act in line of duty as defined in KRS 16.505
and the member has on file in the retirement office at the time of his or her death a
written designation of only one
(1)beneficiary other than his or her spouse who has
not been superseded by the surviving spouse as provided by subsection (1)(a) of this
section, and who is a dependent receiving at least one-half (1/2) of his or her
support from the deceased member, the beneficiary may elect to receive a lump-sum
payment of ten thousand dollars ($10,000).
(4)The payments provided by this section shall commence in the month following the
date of death of the member and shall be payable to the spouse, dependent children,
beneficiaries, or to a legally appointed guardian or as directed by the system.
Benefits to a dependent child under this section shall be payable notwithstanding an
election by a surviving spouse or beneficiary to withdraw the deceased member's
accumulated account balance as provided in KRS 61.625 or to elect benefits under
any other provisions of KRS 16.510 to 16.652.
(5)A surviving spouse or beneficiary eligible for benefits under subsection
(1)or
(3)of
this section who is also eligible for benefits under any other provisions of KRS
16.510 to 16.652 may elect benefits under this section or any other section of KRS
16.510 to 16.652 but cannot elect to receive both.
(a)A surviving spouse or beneficiary applying for benefits under subsection
or
(3)of this section who is also eligible for benefits under KRS 16.578 may
elect to receive benefits under KRS 16.578(2)(a) or
(b)while the application
for benefits under subsection
(1)or
(3)of this section is pending.
(b)If a final determination results in a finding of eligibility for benefits under
subsection
(1)or
(3)of this section, the system shall recalculate the benefits
due the surviving spouse or beneficiary in accordance with this subsection.
(c)If the surviving spouse or beneficiary has been paid less than the amount of
benefits to which the surviving spouse or beneficiary was entitled to receive
under this section, the system shall pay the additional funds due to the
surviving spouse or beneficiary.
(d)If the surviving spouse or beneficiary has been paid more than the amount of
benefits to which the surviving spouse or beneficiary was entitled to receive
under this section, the system shall deduct the amount overpaid to the
surviving spouse or beneficiary from the ten thousand dollars ($10,000) lump-
sum payment and from the monthly retirement allowance payments until the
amount owed to the systems has been recovered.