Kentucky Administrative Regulations › Title 500 - JUSTICE AND PUBLIC SAFETY CABINET › Chapter 1 - Peace Officer Death Benefits › Section 500 KAR 1:010 - Definitions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				61.315
NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation
				provides the definitions of certain terms used in 500 KAR Chapter 1 which pertain to
				criteria and procedures applicable to the administration of benefits paid on death
				of police officers who have died in the line of duty, as required by
				KRS
				61.315(4) to be promulgated by
				the Justice Cabinet.
Section 1.
			 Definitions. The following definitions shall apply in this chapter:
(1) "Secretary" means the Secretary of the Justice
			 Cabinet.
(2) "Cabinet" means the Justice
			 Cabinet.
(3) "Police officer" means
			 every paid police officer, sheriff or deputy sheriff, or any auxiliary police
			 officer appointed pursuant to
			 KRS
			 95.445, or any citation or safety officer
			 appointed pursuant to KRS Chapter 83A, elected to office or employed by any Kentucky
			 county or city, or by the state, or by an airport board created pursuant to KRS
			 Chapter 183, or any member of the Kentucky National Guard on state active duty
			 pursuant to
			 KRS
			 38.030.
(4) "Claimant" means spouse, child or parent who
			 files a claim for death benefits pursuant to
			 KRS
			 61.315 with the Justice Cabinet.
(5) "Spouse" means the lawfully wedded husband or
			 wife of the deceased police officer living at the time of the officer's death, and
			 includes a spouse living apart from the officer at the time of the officer's death
			 for any reason or a spouse involved in divorce proceedings if a final divorce decree
			 has not been entered.
(6) "Children"
			 means any natural, adopted or posthumous child or child born out of wedlock of the
			 deceased police officer who, at the time of the officer's death is living or later
			 is born alive.
(7) "Parent" means a
			 natural or adoptive parent of the police officer living at the time of the police
			 officer's death.
(8) "Death as a direct
			 result of an act" means that the antecedent act, omission to act or event inflicted
			 upon the police officer was the substantial factor in the result of the police
			 officer's death.
(9) "Death" means the
			 immediate death of the police officer from an act in the line of duty that resulted
			 in his death, as well as a traumatic injury, wound, condition of the body or disease
			 resulting therefrom or medical attention therefor that directly causes the death of
			 the office.
(10) "Act in the line of
			 duty" means an act or omission to act by the police officer or event involving the
			 police officer or external force upon the police officer while the officer is
			 engaged in any action or duty which the officer is obligated or authorized by rule,
			 administrative regulation, condition of employment or service, or law to perform for
			 the public agency or office the police officer serves. Specifically, an act is not
			 in the line of duty if the death was caused by:
(a) A nonwork-related disease or condition or a
			 routine work-related disease or condition common to the officer's
			 occupation;
(b) Intentional misconduct
			 of the police officer;
(c) The police
			 officer's intention to bring about his death;
(d) The police officer's willfulness or wanton
			 disregard that brings about his death;
(e) Voluntary intoxication of the police officer
			 which is a contributing factor of the death; or
(f) If the actions or omissions of the beneficiary
			 was a substantial factor in the death of the police officer, recovery being
			 precluded as to that beneficiary only.
(11) "Office of the Secretary" as used herein
			 means the person designated by the secretary of the cabinet to receive, process and
			 make eligibility determinations on claims for benefits to be paid on death of a
			 police officer pursuant to
			 KRS
			 61.315. The address of the Office of the Secretary
			 for filing claims is: Assistant General Counsel, Justice and Public Safety Cabinet,
			 Office of Legal Services, Department of Criminal Justice Training, Funderburk
			 Building, 521 Lancaster Avenue, Richmond, Kentucky 40475-3102.