KRS § 95.860 — KY Code / Title IX / Chapter 95 / Section 95.860
95.860 Death of member due to occupational causes -- Benefits to surviving widow, minor children, parents -- Reduction of survivor benefits -- Cost-of-living increases
Status: in_force

95.860 Death of member due to occupational causes -- Benefits to surviving widow,

minor children, parents -- Reduction of survivor benefits -- Cost-of-living

increases.

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

his surviving widow shall be entitled immediately upon cessation of salary or

annuity, as the case may be, to an annuity equal to fifty percent (50%) of the

member's last rate of salary plus the total increase the retired member may have

received in his annuity pursuant to KRS 95.859(3). This annuity shall be payable

until she dies or remarries. No surviving widow shall receive an annuity of less than

one hundred fifty dollars ($150) per month. The board may increase the minimum

benefit to no more than five hundred dollars ($500) per month if the increase can be

supported on an actuarially sound basis by the fund. When Social Security benefits

are increased, the minimum shall be increased by a like percentage, provided the

increase shall not exceed five percent (5%). In addition, if minor children under age

eighteen (18) survive the member, the widow shall receive twenty-five percent

(25%) of the member's last rate of salary until the last child attains age eighteen

(18). The combined payments to a widow and minor children, excluding cost-of-

living increases or increases in the survivor benefit due to increases the retired

member may have received in his annuity pursuant to KRS 95.859(3), shall not

exceed seventy-five percent (75%) of his final rate of salary.

(2) If a widow does not survive the member, or if she remarries, and minor children

under age eighteen (18) exist, the children shall be entitled to the benefits provided

in KRS 95.861(3).

(3) If neither a widow 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.

(4) If a widow would receive from a combination of:

(a) Survivor benefits pursuant to this section, excluding benefits for minor

children or increases in the survivor benefit due to increases the retired

member may have received in his annuity pursuant to KRS 95.859(3); and

(b) Workers' compensation benefits, excluding dependent children's allowances

or payments for medical expenses or legal fees related to the workers'

compensation claim, an amount greater than one hundred percent (100%) of

the deceased member's last rate of salary,

then the pension system survivor benefits shall be reduced to the point that the

combined payments equal one hundred percent (100%) of the last rate of salary. The

survivor benefit shall not be reduced, however, below an amount equal to two and

one-half percent (2.5%) of average salary for each year of the deceased member's

service. Any reduction in the survivor payment shall be based upon workers'

compensation benefits applicable at the time the survivor payment is granted, and

not upon subsequent increases in either benefit. If workers' compensation benefits

are reduced at a subsequent time, the surviving spouse shall inform the board, and

the board shall increase the survivor's benefit by the amount of the reductions, but

not by more than an amount which would increase the survivor's benefit to fifty

percent (50%) of last rate of salary, excluding cost-of-living increases or increases

in the survivor benefit due to increases the retired member may have received in his

annuity pursuant to KRS 95.859(3). The board of trustees may pay estimated

benefits to a surviving spouse, upon qualification for the benefits, based upon an

estimate of workers' compensation benefits until such amounts are actually

determined, at which time a final calculation of the spouse's actual benefits shall be

determined and the account corrected retroactive to the effective date of the

survivor benefit. If workers' compensation benefits are paid in lump sums, the board

shall reduce the survivor benefit on a monthly rather than a lump-sum basis. The

amount of the monthly reduction shall be based upon the life expectancy of the

survivor. The board may request the assistance of the general manager of Kentucky

Retirement Systems to calculate the reduction in survivor benefits when lump-sum

payments are involved, and the general manager shall provide such assistance upon

request.

(5) A surviving child or parent receiving benefits pursuant to this section shall receive

the same cost-of-living increase granted to retirees pursuant to KRS 95.859(3). A

surviving spouse who does not receive an increase pursuant to subsection (1) of this

section or whose pension increase pursuant to the Social Security increase is less

than the cost-of-living increase in KRS 95.859(3) shall receive the same increase an

annuitant receives pursuant to KRS 95.859(3), not to exceed a total of five percent

(5%).