21.425 Benefits to surviving or disabled children of members who began

286 words·~1 min read·/ky/21-425

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

participating before January 1, 2014 -- Designation of beneficiaries.

(1)In any circumstances in which a surviving spouse would be entitled to any

allowance under KRS 21.420, but there is no surviving spouse or the surviving

spouse subsequently dies, and there is a surviving child or children of the member

under the age of twenty-one (21), or there is a disabled child or children, the

monthly allowance that the surviving spouse would have received or was receiving

shall be continued, as follows:

(a)If the member does not have a disabled child or children, the benefit shall

continue until there are no children remaining under the age of twenty-one

(21); or

(b)If the member has a disabled child or children, the benefit shall continue until

the death of the last remaining disabled child.

(2)A member may designate his child or children under the age of twenty-one (21), or

his disabled child or children, to receive the death benefit payable under KRS

21.420 instead of his spouse, or he may designate that his spouse shall receive a

percentage of the death benefit, and his child or children under the age of twenty-

one (21), or his disabled child or children, shall receive the remainder. The member

making such a choice shall designate his beneficiary or beneficiaries in writing to

the manager of the Judicial Form Retirement System on a form provided by the

manager.

(3)For purposes of this section, "disabled" means an individual determined by the

Social Security Administration to be entitled to total disability benefits.

(4)Subsections

(1)to

(3)of this section shall not apply to a member who begins

participating in the Judicial Retirement Plan on or after January 1, 2014.