.315   Benefits payable on death of certain peace officers, firefighters, and members of a state National Guard of Reserve component-- Administrative regulations -- Funds allotted to a self-insuring account.

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61.315 Benefits payable on death of certain peace officers, firefighters, and
members of a state National Guard of Reserve component-- Administrative
regulations -- Funds allotted to a self-insuring account.
(1)
As used in this section, "police officer" means every paid police officer, sheriff, or
deputy sheriff, corrections employee with the power of a peace officer pursuant to
KRS 196.037, any auxiliary police officer appointed pursuant to KRS 95.445, or
any citation or safety officer appointed pursuant to KRS 83A.087 and 83A.088,
elected to office, or employed by any county, airport board created pursuant to KRS
Chapter 183, city, or by the state; "firefighter" means every paid firefighter or
volunteer firefighter who is employed by or volunteers his services to the state,
airport board created pursuant to KRS Chapter 183, any county, city, fire district, or
any other organized fire department recognized, pursuant to KRS 95A.262, as a fire
department operated and maintained on a nonprofit basis in the interest of the health
and safety of the inhabitants of the Commonwealth and shall include qualified
civilian firefighters employed at Kentucky-based military installations.
(2)
The spouse of any police officer, sheriff, deputy sheriff, corrections employee with
the power of a peace officer pursuant to KRS 196.037, any auxiliary police officer
appointed pursuant to KRS 95.445, or any citation or safety officer appointed
pursuant to KRS 83A.087 and 83A.088, firefighter, or member of the Kentucky
National Guard on state active duty pursuant to KRS 38.030, or a member of a state
National Guard or a Reserve component on federal active duty who names
Kentucky as home of record for military purposes, whose death occurs on or after
July 1, 2002, as a direct result of an act in the line of duty shall receive a lump-sum
payment of eighty thousand dollars ($80,000) if there are no surviving children,
which sum shall be paid by the State Treasurer from the general expenditure fund of
the State Treasury. If there are surviving children and a surviving spouse, the
payment shall be apportioned equally among the surviving children and the spouse.
If there is no surviving spouse, the payment shall be made to the surviving children,
eighteen (18) or more years of age. For surviving children less than eighteen (18)
years of age, the State Treasurer shall:
(a)  Pay thirty-five thousand dollars ($35,000) to the surviving children; and
(b)  Hold forty-five thousand dollars ($45,000) in trust divided into equal accounts
at appropriate interest rates for each surviving child until the child reaches the
age of eighteen (18) years.
If a child dies before reaching the age of eighteen (18) years, his account shall be
paid to his estate. If there are no surviving children, the payment shall be made to
any parents of the deceased.
(3)
The Commission on Fire Protection Personnel Standards and Education shall be
authorized to promulgate administrative regulations establishing criteria and
procedures applicable to the administration of this section as it pertains to both paid
and volunteer firefighters, including, but not limited to, defining when a firefighter
has died in line of duty. Administrative hearings promulgated by administrative
regulation under authority of this subsection shall be conducted in accordance with
KRS Chapter 13B.
(4)
The Justice Cabinet may promulgate administrative regulations establishing criteria
and procedures applicable to the administration of this section as it pertains to
police officers, including, but not limited to, defining when a police officer has died
in line of duty. Administrative hearings promulgated by administrative regulation
under authority of this subsection shall be conducted in accordance with KRS
Chapter 13B.
(5)
The Department of Corrections shall promulgate administrative regulations
establishing the criteria and procedures applicable to the administration of this
section as it pertains to correctional employees, including, but not limited to,
defining which employees qualify for coverage and which circumstances constitute
death in the line of duty.
(6)
The benefits payable under this section shall be in addition to any benefits now or
hereafter prescribed under any police, sheriff, firefighter's, volunteer firefighter's, or
National Guard or Reserve retirement or benefit fund established by the federal
government or by any state, county, or any municipality.
(7)
Any funds appropriated for the purpose of paying the death benefits described in
subsection (2) of this section shall be allotted to a self-insuring account. These
funds shall not be used for the purpose of purchasing insurance.
Effective: April 25, 2006
History: Amended 2006 Ky. Acts ch. 252, Pt. XXVIII, sec. 12, effective April 25,
2006. -- Amended 2002 Ky. Acts ch. 289, sec. 1, effective July 15, 2002. -- Amended
1996 Ky. Acts ch. 117, sec. 1, effective July 15, 1996; and ch. 318, sec. 28, effective
July 15, 1996. -- Amended 1992 Ky. Acts ch. 48, sec. 3, effective July 14, 1992;
ch. 294, sec. 1, effective April 9, 1992; ch. 307, sec. 10, effective April 9, 1992; and
ch. 381, sec. 8, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 225, sec. 26,
effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 135, sec. 1, effective July 15,
1986. -- Amended 1984 Ky. Acts ch. 247, sec. 1, effective July 13, 1984. -- Amended
1982 Ky. Acts ch. 250, sec. 1, effective July 15, 1982. -- Amended 1980 Ky. Acts
ch. 344, sec. 1, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 164, sec. 4,
effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 35, sec. 1. -- Created 1972
Ky. Acts ch. 8, sec. 1.
Legislative Research Commission Note (4/25/2006). 2006 Ky. Acts ch. 252, Pt.
XXVIII, sec. 17, provides that the amendments made to subsections (2) and (6) of
this section "shall apply retroactively to July 1, 2002."
Legislative Research Commission Note (1988). Although this section was included in
1988 Acts ch. 225, sec. 26, the amended language was deleted by committee
amendment.