KRS § 16.601 — KY Code / Title III / Chapter 16 / Section 16.601
16.601 Death in the line of duty -- Payments to surviving spouse, dependent children, and designated beneficiaries -- Election -- Receipt of benefits under KRS 16.578 pending final determination
Status: in_force

16.601 Death in the line of duty -- Payments to surviving spouse, dependent

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.

(6) (a) A surviving spouse or beneficiary applying for benefits under subsection (1)

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.