KRS § 61.621 — KY Code / Title VIII / Chapter 61 / Section 61.621
61.621 Fred Capps Memorial Act -- Eligibility for benefits for duty-related injury -- Benefits for surviving spouse and dependent children -- Receipt of benefits pending final determination
Status: in_force

61.621 Fred Capps Memorial Act -- Eligibility for benefits for duty-related injury --

Benefits for surviving spouse and dependent children -- Receipt of benefits

pending final determination.

(1) Notwithstanding any provision of any statutes to the contrary, effective June 1, 2000, any

employee participating in one (1) of the state-administered retirement systems who is not

in a hazardous duty position, as defined in KRS 61.592 or 78.5520, shall be eligible for

minimum benefits equal to the benefits payable under this section or KRS 61.702 or

78.5536, as applicable, if the employee dies or becomes totally and permanently disabled

to engage in any occupation for remuneration or profit as a result of a duty-related injury.

(2) (a) For purposes of this section, "duty-related injury" means:

1. a. A single traumatic event that occurs while the employee is performing

the duties of his or her position; or

b. A single act of violence committed against the employee that is found to

be related to his or her job duties, whether or not it occurs at his or her

job site; and

2. The event or act of violence produces a harmful change in the human

organism evidenced by objective medical findings.

(b) "Duty-related injury" does not include the effects of the natural aging process, a

communicable disease unless the risk of contracting the disease is increased by

nature of the employment, or a psychological, psychiatric, or stress-related change

in the human organism unless it is the direct result of a physical injury.

(3) (a) If the employee dies as a result of a duty-related injury and is survived by a spouse,

the surviving spouse shall be the beneficiary, and this shall supersede the designation

of all previous beneficiaries of the deceased employee'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 the benefits payable under KRS 61.640 or other

applicable death benefit statutes, or 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.

(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.

(4) If the employee dies as a result of a duty-related injury 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.

(5) If the employee is determined to be disabled as provided in KRS 61.600, or other

applicable disability statutes in any other state-administered retirement system, as the

result of a duty-related injury, the employee may elect to receive benefits determined

under the provisions of KRS 61.605, or other applicable disability statutes in any other

state-administered retirement system, except that:

(a) If an employee is working in a nonhazardous position that could be certified as a

hazardous position based upon KRS 61.592, the monthly retirement allowance

shall not be less than seventy-five percent (75%) of the employee's monthly average

pay; or

(b) If an employee is working in a nonhazardous position that could not be certified as a

hazardous position based upon KRS 61.592, the monthly retirement allowance

shall not be less than twenty-five percent (25%) of the employee's monthly final rate

of pay.

For purposes of determining a disability that is the result of a duty related injury, the

service requirement in KRS 61.600(1)(a), or other applicable statutes in any other state-

administered retirement system, shall be waived.

(6) (a) In the period of time following the disability of a member covered by subsection

(5)(a) of this section during which dependent children survive, a monthly payment

shall be made for each dependent child who is alive which shall be equal to ten

percent (10%) of the disabled member's monthly average pay, except that:

1. Member and dependent children payments under this section shall not exceed

one hundred percent (100%) of the member's monthly average pay; and

2. Total maximum dependent children's benefits shall not exceed twenty-five

percent (25%) of the member's monthly average pay while the member is

living and forty percent (40%) of the disabled member's monthly average pay

after the member's death. The payment shall commence in the month

following the date of disability of the member and shall be payable to the

dependent children, or to a legally appointed guardian, or as directed by the

system and shall be divided equally among all dependent children.

(b) In the period of time following the disability of a member covered by subsection

(5)(b) of this section during which dependent children survive, a monthly payment

shall be made for each dependent child who is alive which shall be equal to ten

percent (10%) of the disabled member's monthly final rate of pay; except that total

maximum dependent children's benefits shall not exceed forty percent (40%) of the

disabled member's monthly final rate of pay at the time any particular payment is

due. The payment shall commence in the month following the date of disability of

the member and shall be payable to the dependent children, or to a legally

appointed guardian, or as directed by the system.

(7) Benefits for death as a result of a duty-related injury to a dependent child shall be payable

under this section 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 benefits under any other provisions of KRS 61.515 to 61.705 or other

applicable death benefit statutes in any other state-administered retirement system.

(8) (a) A spouse applying for benefits under this section who is also eligible for benefits

under KRS 61.640 or 78.5532 may elect to receive benefits under KRS

61.640(2)(a) or (b) or 78.5532(2)(a) or (b) while the application for benefits under

this section is pending.

(b) If a final determination results in a finding of eligibility for benefits under this section,

the system shall recalculate the benefits due the spouse in accordance with this

subsection.

(c) If the spouse has been paid less than the amount of benefits to which the spouse

was entitled to receive under this section, the system shall pay the additional funds

due to the spouse.

(d) If the spouse has been paid more than the benefit the spouse was eligible to receive

under this section, then the system shall deduct the amount owed by the spouse

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.

(9) For purposes of this section, "dependent child" has the same meaning as in KRS 16.505.

(10) This section shall be known as "The Fred Capps Memorial Act."