2015 Kentucky Revised Statutes CHAPTER 21 - JUDICIAL RETIREMENT 21.420 Death benefits for member who began participating before January 1, 2014 -- Designation of beneficiary.
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21.420 Death benefits for member who began participating before January 1, 2014
-- Designation of beneficiary.
(1)
(2)
(3)
(4)
(5)
After the death of a member who began participating in the Judicial Retirement
Plan prior to January 1, 2014, who at the time of his death was receiving a service
retirement allowance (other than an actuarially reduced allowance under subsection
(3) of KRS 21.400), or was receiving a disability retirement allowance, his
surviving spouse is entitled to receive during his lifetime a monthly allowance equal
to one-half (1/2) of that he was receiving.
(a) If a member who began participating in the Judicial Retirement Plan prior to
January 1, 2014, dies before retirement and before reaching normal retirement
age, without regard to length of service, his surviving spouse is entitled to
receive during his lifetime a monthly allowance equal to one-half (1/2) of the
monthly allowance the member would have received commencing at his
normal retirement date if he had continued in service until that date and had
then retired, computed however on the basis of his final compensation at time
of death.
(b) If a member who began participating in the Judicial Retirement Plan prior to
January 1, 2014, dies before retirement and after reaching normal retirement
age, his surviving spouse is entitled to receive during his lifetime a monthly
allowance equal to one-half (1/2) of the monthly allowance the member would
have been entitled to, on the basis of his years of service, had he retired on the
date of his death.
If a member who began participating in the Judicial Retirement Plan prior to
January 1, 2014, dies after retirement and was at the time of his death receiving an
actuarially reduced allowance under subsection (3) of KRS 21.400, or was not at the
time of his death receiving a retirement allowance but had acquired the vested right
under subsection (2) of KRS 21.400 to have received an allowance upon reaching
normal retirement age, his surviving spouse is entitled to receive during his lifetime
a monthly allowance equal to one-half (1/2) of the monthly allowance the member
would have received when he reached normal retirement age.
A member, or a retiree who has not commenced drawing retirement benefits
pursuant to KRS 21.400 or 21.402, who dies without a spouse or eligible children
entitled to survivor's benefits, may designate a beneficiary who shall receive the
accumulated contributions or accumulated account balance of the member. Absent a
designation by the member or retiree, the accumulated contributions or accumulated
account balance shall be paid to the member's estate.
A member who commences drawing retirement benefits pursuant to KRS 21.400,
21.402, or 21.410, or who dies without a spouse or eligible children entitled to
survivor's benefits and before the benefits received by the member equal the
accumulated contributions of the member, may designate a beneficiary who shall
receive the balance of the accumulated contributions of the member. Any offset of
contributions by reason of benefits received shall be deducted from the accumulated
contributions first made to the system. Absent a designation by the member, the
balance of the accumulated contributions shall be paid to the member's estate.
(6)
(7)
(8)
A member who begins participating in the Judicial Retirement Plan prior to January
1, 2014, may designate a beneficiary who shall receive the balance of the
accumulated contributions of the member, in the event survivor's benefits are being
paid pursuant to subsection (1), (2), or (3) of this section, and the survivor dies prior
to receiving benefits equal to the member's contributions. In this event, the
provisions of subsection (5) of this section shall apply as to offset and payment.
A member who begins participating in the Judicial Retirement Plan prior to January
1, 2014, may, prior to the drawing of benefits, elect in writing to the executive
secretary of the Judicial Form Retirement System, to take an optional retirement
allowance which shall be actuarially equivalent to the amount of retirement
allowance otherwise payable to the member and the member's spouse. If the
member dies after retirement, the option chosen shall prevail over the provisions of
subsections (1) and (3) of this section. If the member dies prior to retirement, the
option chosen shall prevail over the provisions of subsection (2) of this section. The
options shall include:
(a) Survivorship one hundred percent (100%). The member may elect to receive a
decreased retirement allowance during the member's lifetime and have the
retirement allowance continued after death to the spouse during the lifetime of
the spouse.
(b) Survivorship sixty-six and two-thirds percent (66 2/3%). The member may
elect to receive a decreased retirement allowance during the member's lifetime
and have two-thirds (2/3) of the retirement allowance continue after death to
the spouse during the lifetime of the spouse.
If a retiree, living or deceased, chose either of the optional retirement benefit
allowances specified in paragraphs (a) or (b) of this subsection from July 15, 1994,
to July 15, 1998, the optional allowance shall be adjusted accordingly, and the new
benefit shall commence August 1, 1998. Each recipient of benefits from the plan,
who retired from July 15, 1994, to July 15, 1998, shall have a one-time opportunity
to select an optional retirement allowance. The election by the recipient shall be
prior to August 1, 1998, at which time the new benefit shall commence. The option
chosen shall prevail, subsections (1), (2), and (3) of this section notwithstanding.
For a member who begins participating in the Judicial Retirement Plan on or after
January 1, 2014:
(a) If the member dies prior to drawing a retirement allowance, then the surviving
spouse may elect to:
1.
Take a refund of the member's accumulated account balance or
accumulated contributions as provided by KRS 21.402; or
2.
If the member had at least five (5) years of service in the plan at the time
of his or her death, have the member's accumulated account balance
annuitized into a monthly benefit payable for life that is equal to the
benefit that would have been paid had the member retired immediately
prior to his or her date of death and elected to receive benefits payable
under the survivorship one hundred percent (100%) option as provided
by paragraph (b)1. of this subsection.
(b)
(c)
In lieu of the benefits provided by this paragraph to the surviving spouse, the
member may elect to have the benefits payable under this paragraph paid to an
individual dependent child by completing the forms provided prescribed by
the Judicial Form Retirement System. If no surviving spouse or dependent
children are eligible to receive benefits, then the provisions of subsection (4)
of this section shall apply to the member.
If a member dies on or after the date the member begins drawing a retirement
allowance, the benefits payable to the surviving spouse shall be based upon
whether or not the member elects prior to retirement to receive an optional
retirement allowance. The election shall be in writing on the forms prescribed
by the Judicial Form Retirement System and shall be actuarially equivalent to
the amount of retirement allowance otherwise payable to the member. The
optional retirement allowances shall include:
1.
Survivorship one hundred percent (100%). The member may elect to
receive a decreased retirement allowance during the member's lifetime
and have the retirement allowance continued after death to the spouse
during the lifetime of the spouse;
2.
Survivorship sixty-six and two-thirds percent (66-2/3%). The member
may elect to receive a decreased retirement allowance during the
member's lifetime and have two-thirds (2/3) of the retirement allowance
continue after death to the spouse during the lifetime of the spouse; or
3.
Survivorship fifty percent (50%). The member may elect to receive a
decreased retirement allowance during the member's lifetime and have
one-half (1/2) of the retirement allowance continue after death to the
spouse during the lifetime of the spouse.
In lieu of the benefits provided by this paragraph to the surviving spouse, the
member may elect prior to retirement to have the benefits payable under this
paragraph paid to an individual dependent child by completing the forms
provided prescribed by the Judicial Form Retirement System. If no surviving
spouse or dependent children are eligible to receive benefits, then the
provisions of subsection (5) of this section shall apply to the member.
For purposes of this section a "dependent child" shall mean a child who is less
than twenty-one (21) years of age or a disabled child who is eligible for Social
Security disability benefits.
Effective: July 1, 2013
History: Amended 2013 Ky. Acts ch. 120, sec. 27, effective July 1, 2013. -- Amended
1998 Ky. Acts ch. 389, sec. 1, effective July 15, 1998. -- Amended 1994 Ky. Acts ch.
266, sec. 4, effective July 15, 1994. -- Amended 1974 Ky. Acts ch. 386, sec. 3. -Created 1960 Ky. Acts ch. 84, Art. III, sec. 8.
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