KRS § 95.861 — KY Code / Title IX / Chapter 95 / Section 95.861
95.861 Death of member not occasioned by performance of duty -- Benefits to surviving widow and minor children -- Cost-of-living increases
Status: in_force

95.861 Death of member not occasioned by performance of duty -- Benefits to

surviving widow and minor children -- Cost-of-living increases.

(1) Upon death of a member occurring while in service, arising from any cause other

than in the performance of duty, provided the member has had at least three (3)

years of total service, his widow shall receive an annuity equal to one and one-half

percent (1-1/2%) of average salary for each year of total service, credited to the

member, plus the total increase the retired member may have received in his

retirement annuity pursuant to KRS 95.859(3), subject to a maximum payment,

excluding cost-of-living increases of the member or the widow, to the widow of

fifty percent (50%). If the member has had at least ten (10) years of total service, the

widow shall receive an annuity of no less than one hundred fifty dollars ($150) per

month. The board may increase the minimum benefit to not 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, but the increase shall not exceed five percent

(5%). Payment of the annuity shall be subject to the following conditions:

(a) The widow had been married to the member at least one (1) year prior to his

death;

(b) The widow is at least forty-five (45) years of age, otherwise payment will be

deferred until she attains such age, except that if she is or becomes totally

disabled before age forty-five (45), or has a minor child or children by the

member in her care under age eighteen (18) (including adopted children

provided the proceedings for adoption were initiated at least one (1) year prior

to death of member), payment of the widow's annuity will begin immediately

together with an additional allowance on account of the child or children; and

(c) The widow's annuity will terminate in any event when the widow remarries.

The annuity of each child or children shall continue until each child attains

age eighteen (18).

(2) If the widow has minor children under age of eighteen (18), the annuity to the

widow shall be increased one-half (1/2) on account of the first child and one-fourth

(1/4) on account of each additional child, subject to a maximum combined payment,

excluding cost-of-living increases or increases the retired member may have

received in his annuity pursuant to KRS 95.859(3), to the widow and children of

seventy-five percent (75%) of the average salary as defined in KRS 95.851(13).

(3) If the pensioner is not survived by a widow and there are minor children, the

following benefits shall be paid:

(a) One (1) minor child, fifty percent (50%) of the average salary plus the total

increase the retired member may have received in his annuity pursuant to KRS

95.859(3);

(b) Two (2) minor children, fifteen percent (15%) of the average salary additional;

or

(c) Three (3) or more minor children, ten percent (10%) of the average salary

additional,

subject to a maximum combined payment, excluding cost-of-living increases of the

member or the minor children, of seventy-five percent (75%) of the average salary

as defined in KRS 95.851(13). The annuity of each child or children shall continue

until each child attains age eighteen (18), or, in the case of a child regularly

employed in full-time educational activities the age of twenty-three (23). The

annuity payments shall be reduced in reverse order.

(4) These benefits shall also be payable upon death of the member while on retirement,

provided marriage was in effect for at least one (1) year before death.

(5) A surviving child receiving benefits pursuant to this section shall receive the same

cost-of-living increases 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%).