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16.601 Death in the line of duty -- Allowances.

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16.601 Death in the line of duty -- Allowances. (1) If the death of a member in service occurs on or after August 1, 1992, as a direct result of an &quot;act in line of duty&quot; and the member has on file in the retirement office <br>at the time of his death a written designation of only one (1) beneficiary, who is his <br>spouse, the beneficiary may elect to receive a lump-sum payment of ten thousand <br>dollars (&#36;10,000) and a monthly payment equal to twenty-five percent (25%) of the <br>member's monthly final rate of pay beginning in the month following the member's <br>death and continuing each month until death. (2) If the death of a member in service occurs on or after July 1, 1968, as a direct result of an &quot;act in line of duty&quot; and the member has on file in the retirement office at the <br>time of his death a written designation of only one (1) beneficiary other than his <br>spouse, who is a dependent receiving at least one-half (1/2) of his support from the <br>deceased member, the beneficiary may elect to receive a lump-sum payment of ten <br>thousand dollars (&#36;10,000). (3) In the period of time following a member's death during which dependent children survive, monthly payments shall be made for each dependent child who is alive, <br>equal to ten percent (10%) of the deceased member's monthly final rate of pay; <br>however, total maximum dependent children's benefits shall not be greater than <br>forty percent (40%) of the deceased member's monthly final rate of pay at the time <br>any particular payment is due. The payments shall commence in the month <br>following the date of death of the member and shall be payable to the beneficiaries, <br>or to a legally appointed guardian or as directed by the system. Benefits shall be <br>payable under this subsection notwithstanding an election by a beneficiary to <br>withdraw the deceased member's accumulated contributions as provided in KRS <br>61.625 or benefits under any other provisions of KRS 16.510 to 16.652. (4) A beneficiary eligible for benefits under subsection (1) or (2) of this section who is also eligible for benefits under any other provisions of KRS 16.510 to 16.652 may <br>elect benefits under this section or any other section of KRS 16.510 to 16.652 but <br>cannot elect to receive both. Effective: July 15, 2002 <br>History: Amended 2002 Ky. Acts ch. 176, sec. 2, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 385, sec. 5, effective July 14, 2000. -- Amended 1996 Ky. Acts <br>ch. 167, sec. 5, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 240, sec. 9, <br>effective July 14, 1992. -- Amended 1978 Ky. Acts ch. 311, sec. 6, effective June 17, <br>1978. -- Amended 1976 Ky. Acts ch. 321, sec. 40. -- Amended 1974 Ky. Acts <br>ch. 128, sec. 9, effective March 26, 1974. -- Amended 1972 Ky. Acts ch. 116, <br>sec. 76. -- Amended 1968 Ky. Acts ch. 25. sec. 6. -- Created 1964 Ky. Acts ch. 91, <br>sec. 14.