2013 Kentucky Revised Statutes CHAPTER 95 - CITY POLICE AND FIRE DEPARTMENTS 95.861 Death of member not occasioned by performance of duty -- Benefits to surviving widow and minor children -- Cost-of-living increases.
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95.861 Death of member not occasioned by performance of duty -- Benefits to
surviving widow and minor children -- Cost-of-living increases.
(1)
(2)
(3)
Upon death of a member occurring while in service, arising from any cause
other than in the performance of duty, provided the member has had at least
three (3) years of total service, his widow shall receive an annuity equal to one
and one-half percent (1-1/2%) of average salary for each year of total service,
credited to the member, plus the total increase the retired member may have
received in his retirement annuity pursuant to KRS 95.859(3), subject to a
maximum payment, excluding cost-of-living increases of the member or the
widow, to the widow of fifty percent (50%). If the member has had at least ten
(10) years of total service, the widow shall receive an annuity of no less than
one hundred fifty dollars ($150) per month. The board may increase the
minimum benefit to not more than five hundred dollars ($500) per month if the
increase can be supported on an actuarially sound basis by the fund. When
Social Security benefits are increased, the minimum shall be increased by a
like percentage, but the increase shall not exceed five percent (5%). Payment
of the annuity shall be subject to the following conditions:
(a) The widow had been married to the member at least one (1) year prior to
his death;
(b) The widow is at least forty-five (45) years of age, otherwise payment will
be deferred until she attains such age, except that if she is or becomes
totally disabled before age forty-five (45), or has a minor child or children
by the member in her care under age eighteen (18) (including adopted
children provided the proceedings for adoption were initiated at least one
(1) year prior to death of member), payment of the widow's annuity will
begin immediately together with an additional allowance on account of the
child or children; and
(c) The widow's annuity will terminate in any event when the widow
remarries. The annuity of each child or children shall continue until each
child attains age eighteen (18).
If the widow has minor children under age of eighteen (18), the annuity to the
widow shall be increased one-half (1/2) on account of the first child and
one-fourth (1/4) on account of each additional child, subject to a maximum
combined payment, excluding cost-of-living increases or increases the retired
member may have received in his annuity pursuant to KRS 95.859(3), to the
widow and children of seventy-five percent (75%) of the average salary as
defined in KRS 95.851(13).
If the pensioner is not survived by a widow and there are minor children, the
following benefits shall be paid:
(a) One (1) minor child, fifty percent (50%) of the average salary plus the
total increase the retired member may have received in his annuity
pursuant to KRS 95.859(3);
(b) Two (2) minor children, fifteen percent (15%) of the average salary
additional; or
(c) Three (3) or more minor children, ten percent (10%) of the average salary
additional,
(4)
(5)
subject to a maximum combined payment, excluding cost-of-living increases of
the member or the minor children, of seventy-five percent (75%) of the average
salary as defined in KRS 95.851(13). The annuity of each child or children shall
continue until each child attains age eighteen (18), or, in the case of a child
regularly employed in full-time educational activities the age of twenty-three
(23). The annuity payments shall be reduced in reverse order.
These benefits shall also be payable upon death of the member while on
retirement, provided marriage was in effect for at least one (1) year before
death.
A surviving child receiving benefits pursuant to this section shall receive the
same cost-of-living increases granted to retirees pursuant to KRS 95.859(3). A
surviving spouse who does not receive an increase pursuant to subsection (1)
of this section or whose pension increase pursuant to the Social Security
increase is less than the cost of living increase in KRS 95.859(3) shall receive
the same increase an annuitant receives pursuant to KRS 95.859(3), not to
exceed a total of five percent (5%).
Effective:July 14, 2000
History: Amended 2000 Ky. Acts ch. 341, sec. 3, effective July 14, 2000. -Amended 1996 Ky. Acts ch. 124, sec. 3, effective July 15, 1996. -- Amended
1994 Ky. Acts ch. 50, sec. 3, effective July 15, 1994; and ch. 231, sec. 2,
effective July 15, 1994.
Amended 1992 Ky. Acts ch. 84, sec. 4, effective
March 24, 1992; and ch. 294, sec. 3, effective April 9, 1992. -- Amended 1984
Ky. Acts ch. 351, sec. 3, effective July 13, 1984. -- Amended 1980 Ky. Acts
ch. 367, sec. 2, effective July 15, 1980. -- Amended 1976 Ky. Acts ch. 175,
sec. 1. -- Amended 1974 Ky. Acts ch. 396, sec. 4. -- Created 1956 Ky. Acts
ch. 16, sec. 11, effective July 1, 1956.
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