67A.440 Death of member due to occupational causes -- Benefits to surviving

443 words·~2 min read·/ky/67a-440

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

spouse, minor children, and parents.

(a)Upon death of a member due to occupational causes, regardless of length of

service, the surviving spouse shall be entitled immediately upon cessation of

salary to an annuity equal to seventy-five percent (75%) of the member's last

rate of salary. This annuity shall be payable until the surviving spouse dies. In

addition, if any minor children of the member, under age eighteen (18),

survive the member, the surviving spouse or parent or legal guardian shall

receive on account of each child, ten percent (10%) of the member's last rate

of salary until each child attains age eighteen (18). In the case of a child

regularly engaged in full-time educational activities, payments shall continue

until age twenty-three (23), but payments shall be made directly to a child

between the ages of eighteen

(18)and twenty-three (23). The combined

payments to a surviving spouse and minor children shall not exceed one

hundred percent (100%) of the final rate of salary. When more than one

child survives the member, the amount payable by reason of such children

shall be divided equally among them.

(b)Any surviving spouse who is drawing a benefit pursuant to paragraph

(a)of

this subsection on July 1, 2013, that is less than the amount computed under

paragraph

(a)of this subsection, shall have the retirement annuity increased to

the amount determined under paragraph

(a)of this subsection.

(2)If the member is not survived by a spouse, and there are minor children of the

member, the following benefits shall be paid:

(a)One

(1)minor child, fifty percent (50%) of the final rate of salary;

(b)Two

(2)minor children, an additional fifteen percent (15%) of final salary;

(c)Three

(3)or more minor children, an additional ten percent (10%) of final

salary, subject to a maximum combined payment of seventy-five percent

(75%) of the member's final rate of salary.

These benefits shall be divided in equal amounts for each child and paid to the

parent or legal guardian of each child under eighteen (18). In the case of a child

regularly engaged in full-time educational activities, payments shall continue until

age twenty-three (23), but payments shall be made directly to the child between the

ages of eighteen

(18)and twenty-three (23). As eligibility of children expires, the

total annuity payment shall be reduced by percentage amount in reverse order.

(3)If neither a surviving spouse nor minor children eligible for benefits survive the

member, each dependent parent shall be entitled to an annuity equal to twenty-five

percent (25%) of the member's last rate of salary, or fifty percent (50%) to both

parents.