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21.425 Benefits to surviving or disabled children -- Designation of beneficiaries.
(1)
(2)
(3)
In any circumstances in which a surviving spouse would be entitled to any
allowance under KRS 21.420, but there is no surviving spouse or the surviving
spouse subsequently dies, and there is a surviving child or children of the member
under the age of twenty-one (21), or there is a disabled child or children, the
monthly allowance that the surviving spouse would have received or was receiving
shall be continued, as follows:
(a) If the member does not have a disabled child or children, the benefit shall
continue until there are no children remaining under the age of twenty-one
(21); or
(b) If the member has a disabled child or children, the benefit shall continue until
the death of the last remaining disabled child.
A member may designate his child or children under the age of twenty-one (21), or
his disabled child or children, to receive the death benefit payable under KRS
21.420 instead of his spouse, or he may designate that his spouse shall receive a
percentage of the death benefit, and his child or children under the age of twentyone (21), or his disabled child or children, shall receive the remainder. The member
making such a choice shall designate his beneficiary or beneficiaries in writing to
the manager of the Judicial Form Retirement System on a form provided by the
manager.
For purposes of this section, "disabled" means an individual determined by the
Social Security Administration to be entitled to total disability benefits.
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 327, sec. 1, effective July 15, 2002. -- Amended
1998 Ky. Acts ch. 389, sec. 2, effective July 15, 1998. -- Amended 1982 Ky. Acts
ch. 458, sec. 10, effective April 15, 1982. -- Amended 1974 Ky. Acts ch. 232, sec. 1;
and ch. 386, sec. 4. -- Created 1972 Ky. Acts ch. 306, sec. 1.
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