2013 Kentucky Revised Statutes CHAPTER 67A - URBAN-COUNTY GOVERNMENT 67A.440 Death of member due to occupational causes -- Benefits to surviving widow, minor children, and parents.
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67A.440 Death of member due to occupational causes -- Benefits to surviving
widow, minor children, and parents.
(1)
(2)
(3)
(a)
Upon death of a member due to occupational causes, regardless of
length of service, his surviving widow shall be entitled immediately upon
cessation of salary to an annuity equal to seventy-five percent (75%) of
the member's last rate of salary. This annuity shall be payable until she
dies. In addition, if any minor children of the member, under age eighteen
(18), survive the member, the widow or parent or legal guardian shall
receive on account of each child, ten percent (10%) of the member's last
rate of salary until each child attains age eighteen (18). In the case of a
child regularly engaged in full-time educational activities, payments shall
continue until age twenty-three (23), but payments shall be made directly
to a child between the ages of eighteen (18) and twenty-three (23). The
combined payments to a widow and minor children shall not exceed one
hundred percent (100%) of his final rate of salary. When more than one
(1) child survives the member, the amount payable by reason of such
children shall be divided equally among them.
(b) Any surviving widow who is drawing a benefit pursuant to paragraph (a)
of this subsection on July 1, 2013, that is less than the amount computed
under paragraph (a) of this subsection, shall have her retirement annuity
increased to the amount determined under paragraph (a) of this
subsection.
If the member is not survived by a widow, or, if she remarries, and there are
minor children of the member, the following benefits shall be paid:
(a) One (1) minor child, fifty percent (50%) of the final rate of salary;
(b) Two (2) minor children, an additional fifteen percent (15%) of final salary;
(c) Three (3) or more minor children, an additional ten percent (10%) of final
salary, subject to a maximum combined payment of seventy-five percent
(75%) of the member's final rate of salary.
These benefits shall be divided in equal amounts for each child and paid to the
parent or legal guardian of each child under eighteen (18). In the case of a
child regularly engaged in full-time educational activities, payments shall
continue until age twenty-three (23), but payments shall be made directly to the
child between the ages of eighteen (18) and twenty-three (23). As eligibility of
children expires, the total annuity payment shall be reduced by percentage
amount in reverse order.
If neither a widow nor minor children eligible for benefits survive the member,
each dependent parent shall be entitled to an annuity equal to twenty-five
percent (25%) of the member's last rate of salary, or fifty percent (50%) to both
parents.
Effective:March 14, 2013
History: Amended 2013 Ky. Acts ch. 7, sec. 8, effective March 14, 2013. -Amended 2002 Ky. Acts ch. 274, sec. 4, effective July 15, 2002. -- Amended
1980 Ky. Acts ch. 81, sec. 1, effective July 15, 1980. -- Created 1974 Ky. Acts
ch. 106, sec. 9, effective July 1, 1974.
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