.578 Death before retirement -- Beneficiary's options.
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16.578 Death before retirement -- Beneficiary's options.
(1)
If a member, eligible to retire as provided in KRS 16.576, dies at any time before
the first benefit payment has been issued by the State Treasurer and has on file in
the retirement office at the time of his death a written designation of a beneficiary,
the beneficiary may elect to receive an annual benefit payable monthly which shall
be equal to the benefit that would have been paid had the member retired
immediately prior to his date of death and elected to receive payments under
subsection (2) of KRS 61.635 or the beneficiary may elect the actuarial equivalent
payable for sixty (60) months certain or the beneficiary may elect the actuarial
equivalent payable for one hundred twenty (120) months certain, or the beneficiary
may elect to receive the beneficiary Social Security adjustment payment under
subsection (9) of KRS 61.635 or the beneficiary may elect the actuarial equivalent
refund.
(2)
If a member in active employment or on authorized leave of absence with five (5) or
more years of service dies at any time before his normal retirement date and has on
file in the retirement office at the time of his death a written designation of a
beneficiary, the beneficiary may elect to receive an annual benefit payable monthly
commencing in the month following the member's death which shall be equal to the
benefit the member would have been entitled to receive, based on his age, years of
service, and final compensation at the date of his death, had the member been
eligible for retirement and had he chosen benefits payable under subsection (2) of
KRS 61.635 or the beneficiary may elect the actuarial equivalent payable for sixty
(60) months certain or the beneficiary may elect the actuarial equivalent payable for
one hundred twenty (120) months certain, or the beneficiary may elect to receive the
beneficiary Social Security adjustment payment under subsection (9) of KRS
61.635 or the beneficiary may elect the actuarial equivalent refund.
(3)
If a member, not in active employment nor on authorized leave of absence with
twelve (12) or more years of service, dies at any time before his normal retirement
date and has on file in the retirement office at the time of his death a written
designation of a beneficiary, the beneficiary may elect to receive an annual benefit
payable monthly commencing in the month following the member's death which
shall be equal to the benefit the member would have been entitled to receive, based
on his age, years of service, and final compensation at the date of his death, had the
member been eligible for retirement and had he chosen benefits payable under
subsection (2) of KRS 61.635 or the beneficiary may elect the actuarial equivalent
payable for sixty (60) months certain or the beneficiary may elect the actuarial
equivalent payable for one hundred twenty (120) months certain, or the beneficiary
may elect to receive the beneficiary Social Security adjustment payment under
subsection (9) of KRS 61.635 or the beneficiary may elect the actuarial equivalent
refund.
(4)
An alternative calculation of benefits payable to the beneficiary under subsection
(1), (2) or (3) of this section shall be determined by computing an annual benefit
payable commencing in the month following the member's death which shall be
equivalent to the benefit the member would have been entitled to receive based on
his years of service and final compensation at the date of his death reduced by the
survivorship fifty percent (50%) factor as provided for in KRS 61.635(4), then
reduced by fifty percent (50%) and the actuarial equivalent payable for one hundred
twenty (120) months certain shall be determined, or the beneficiary may elect to
receive the beneficiary Social Security adjustment payment under subsection (9) of
KRS 61.635.
(5)
If the member, subject to subsection (1), (2), (3), or (4) of this section had on file a
written designation of multiple beneficiaries, or his estate, trust, or trustee, the
multiple beneficiaries by consensus or the administrator or executor of the estate or
trustee may elect to receive the actuarial equivalent to the benefit allowable under
subsection (1), (2), (3), or (4) of this section given the assumptions that the
beneficiary's age is the same as the member's, and that the member had chosen
benefits payable monthly for sixty (60) months certain, or one hundred and twenty
(120) months certain, or an actuarial equivalent refund.
(6)
The beneficiary may elect to receive a one (1) time lump sum payment which shall
be the actuarial equivalent of the amount payable under KRS 61.635(2) for a period
of sixty (60) months. In the case of designation of multiple beneficiaries, an estate,
trust, or trustee, the multiple beneficiaries by consensus, trustee, executor, or
administrator of the estate may elect to receive a one (1) time lump sum payment
which shall be the actuarial equivalent of the amount payable under KRS 61.635(2),
assuming the beneficiary's age to be the same as the member's, for a period of sixty
(60) months.
(7)
In the case of a single beneficiary who is a person, the highest monthly benefit
determined under subsection (1), (2), (3), (4), or (6) of this section for a life annuity,
for payments for sixty (60) months certain, for payments for one hundred twenty
(120) months certain, for the actuarial equivalent refund or for the beneficiary
Social Security payment shall be tendered to the beneficiary. In the case of
designation of multiple beneficiaries, an estate, trust, or trustee, the highest monthly
benefit determined under subsection (1), (2), (3), (4), (5), or (6) of this section for
payments for sixty (60) months certain or one hundred and twenty (120) months
certain or the actuarial equivalent refund shall be tendered to the multiple
beneficiaries, trustee, administrator, or executor of the estate.
Effective: July 13, 2004
History: Amended 2004 Ky. Acts ch. 36, sec. 3, effective July 13, 2004. -- Amended
1996 Ky. Acts ch. 167, sec. 3, effective July 15, 1996. -- Amended 1992 Ky. Acts
ch. 240, sec. 5, effective July 14, 1992. -- Amended 1986 Ky. Acts ch. 90, sec. 4,
effective July 15, 1986. -- Amended 1980 Ky. Acts ch. 186, sec. 5, effective July 15,
1980. -- Amended 1976 Ky. Acts ch. 321, sec. 6. -- Amended 1974 Ky. Acts ch. 128,
sec. 5. -- Amended 1970 Ky. Acts ch. 76, sec. 5. -- Amended 1968 Ky. Acts ch. 25,
sec. 4. -- Amended 1966 Ky. Acts ch. 33, sec. 3. -- Created 1964 Ky. Acts ch. 91,
sec. 8.
Legislative Research Commission Note (7/13/2004). Although KRS 16.578 was included
in 2004 Ky. Acts ch. 36, sec. 3, as having been amended, the change in wording was
deleted by House Floor Amendment No. 2 to the House Committee Substitute.