KRS § 67A.492 — KY Code / Title IX / Chapter 67A / Section 67A.492
67A.492 Surviving spouse benefit of sixty percent of member's final annuity, final rate of pay, or service retirement annuity -- Eligibility -- Purchase of optional survivorship allowance -- Surviving children benefit of fifty percent to seventy-five percent
Status: in_force

67A.492 Surviving spouse benefit of sixty percent of member's final annuity, final

rate of pay, or service retirement annuity -- Eligibility -- Purchase of optional

survivorship allowance -- Surviving children benefit of fifty percent to seventy-

five percent.

(1) (a) Upon the death of a retired member, his or her surviving spouse shall receive

an annuity equal to sixty percent (60%) of the member's final annuity, or of

the member's final rate of pay, whichever is greater.

(b) Upon the death of a member who withdraws on a certificate as provided by

KRS 67A.410(3)(a) or (b), his or her surviving spouse shall receive an annuity

equal to sixty percent (60%) of the member's service retirement annuity.

(c) The surviving spouse must have been married to the member for at least three

(3) years prior to the member's death or six (6) months prior to the member's

retirement or withdrawal on a certificate as provided by KRS 67A.410(3)(a)

or (b), in order to be eligible for the benefits provided in this section. Effective

April 4, 2006, the benefits provided by this section shall be made eligible to

surviving spouses of any retired member who died on July 14, 2000, or

thereafter.

(2) Any member who retires on July 15, 1990, or thereafter, and any member who

withdraws on a certificate as provided by KRS 67A.410(3)(a) or (b), shall have the

option at retirement or upon application for a certificate to purchase an increased

annuity allowance for his or her surviving spouse. The amount of any such optional

survivorship allowance shall be actuarially equivalent to the amount of retirement

allowance otherwise payable to the member. No surviving minor children annuity

shall be payable under subsection (3) of this section if a surviving spouse annuity is

payable under this subsection. The member may elect either of two (2) options:

(a) Survivorship seventy-five percent (75%). The member may elect to receive a

decreased retirement allowance during his or her lifetime and have seventy-

five percent (75%) of such retirement allowance continue after the member's

death to his or her eligible surviving spouse until the surviving spouse's death;

or

(b) Survivorship one hundred percent (100%). The member may elect to receive a

decreased retirement allowance during his or her lifetime and have such

retirement allowance continued at the same rate after the member's death to

his or her eligible surviving spouse until the surviving spouse's death.

(3) If, in addition to a surviving spouse who is entitled to an annuity under subsection

(1) of this section, a minor child or children survive the member, an additional

annuity shall be provided for such child or children equal to:

(a) For the first child, fifty percent (50%) of the amount of the surviving spouse's

annuity; and

(b) For each additional child, twenty-five percent (25%) of the amount of the

surviving spouse's annuity;

subject to a maximum combined annuity for the surviving spouse and minor

children not to exceed seventy-five percent (75%) of the member's final annuity,

final rate of pay, or service retirement annuity, calculated, as applicable, under

subsection (1) of this section.

The annuity provided for the minor children shall be divided and paid in equal

amounts for each child to the surviving parent or guardian of each child under the

age of eighteen (18), and paid directly to each child between the ages of eighteen

(18) and twenty-three (23) who is regularly engaged in full-time educational

activities. The annuity of each child or children shall continue until each child

attains the age of eighteen (18), or in the case of a child regularly engaged in full-

time educational activities, the age of twenty-three (23). As the eligibility of

children expire, the total annuity for such children shall be reduced by percentage

amount in reverse order.

(4) If the member is not survived by a spouse who qualifies under subsection (1) or (2)

of this section, and a minor child or children survive the member, an annuity shall

be provided for such child or children equal to the following share of the member's

final annuity, final rate of pay, or service retirement, whichever is greater:

(a) For the first child, fifty percent (50%); and

(b) 1. For two (2) children, an additional fifteen percent (15%); or

2. For three (3) or more children, an additional ten percent (10%) each;

subject to a maximum combined annuity for all minor children not to exceed

seventy-five percent (75%) of the member's final annuity, final rate of pay, or

service retirement, whichever is greater.

The annuity provided for the minor children shall be divided and paid in equal

amounts for each child to the surviving parent or guardian of each child under the

age of eighteen (18), and paid directly to each child between the ages of eighteen

(18) and twenty-three (23) who is regularly engaged in full-time educational

activities. The annuity of each child or children shall continue until each child

attains the age of eighteen (18), or in the case of a child regularly engaged in full-

time educational activities, the age of twenty-three (23). As the eligibility of

children expire, the total annuity for such children shall be reduced by percentage

amount in reverse order.