61.542 Designation of principal and contingent beneficiaries -- Rights -- Effects of change in certain conditions.
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61.542 Designation of principal and contingent beneficiaries -- Rights -- Effects of
change in certain conditions.
(1) Prior to the first day of the month in which the member receives his or her first
retirement allowance and prior to the member filing a notification of retirement or a <br>request for refund: <br>(a) Each member may designate on the form prescribed by the board a principal
beneficiary and contingent beneficiary for his or her account. The principal <br>beneficiary or contingent beneficiary designated by the member shall be: <br>1.
One (1) or more persons; or
2.
The member's estate; or
3.
A trust;
(b) If multiple persons are designated as provided by paragraph (a)1. of this
subsection, the member shall indicate the percentage of total benefits each <br>person is to receive. <br>1.
If percentages are not indicated, payments will be disbursed equally to <br>the named beneficiaries.
2.
If the percentages indicated do not total one hundred percent (100%), <br>each beneficiary shall receive an increased or decreased percentage <br>which is proportional to the percentage allotted him or her by the <br>member.
3.
If any of the multiple beneficiaries die prior to the member's death, the <br>remaining beneficiaries shall be entitled to the deceased beneficiary's <br>percentage of the total benefits, and each shall receive a percentage of <br>the deceased's share which is equal to the percentage allotted them by <br>the member; and
(c) The principal and contingent beneficiary designation established by the
member pursuant to paragraph (a) of this subsection shall remain in full force <br>and effect until changed by the member, except: <br>1.
A final divorce decree terminates an ex-spouse's status as beneficiary, <br>unless the member has on file in the retirement office a beneficiary <br>designation that redesignates the ex-spouse as beneficiary subsequent to <br>the issuance of the divorce decree;
2.
If a beneficiary or beneficiaries are convicted of any crime which <br>prohibits that person or persons from receiving the benefits under KRS <br>381.280, the beneficiary or beneficiaries shall not be eligible for any of <br>the benefits and the remaining beneficiary or beneficiaries or, if none, <br>the member's estate, shall become the beneficiary;
3.
When a notification of retirement has been filed at the retirement office, <br>the designation of beneficiary on the notification of retirement, which <br>shall be one (1) person, his estate, or a trust, shall supersede the <br>designation of all previous beneficiaries, unless the notification of <br>retirement is withdrawn, invalid, or voided. If the notification of
retirement is withdrawn, invalid, or voided, the prior beneficiary <br>designation on file with the system shall remain in full force and effect <br>until changed by the member; and
4.
When a request for refund has been filed at the retirement office, the <br>member's estate shall become the member's beneficiary if the member <br>dies.
(2) If the member dies prior to the first day of the month in which the member would
have received his or her first retirement allowance and prior to filing a notification <br>of retirement or a request for refund, any retirement benefits shall be payable to the <br>principal beneficiary, except that: <br>(a) If the death of the principal beneficiary or beneficiaries precedes the death of
the member, or if the principal beneficiary is terminated by a divorce decree, <br>the contingent beneficiary or beneficiaries become the principal beneficiary or <br>beneficiaries;
(b) If the principal beneficiary is one (1) person and is the member's spouse and
they are divorced on the date of the member's death, the contingent beneficiary <br>or beneficiaries become the principal beneficiary or beneficiaries;
(c) If the member is survived by his principal beneficiary or beneficiaries who
subsequently die prior to having on file at the retirement office the necessary <br>forms prescribed under authority of KRS 61.590, the contingent beneficiary <br>shall become the principal beneficiary or beneficiaries; and
(d) If the deaths of all the principal beneficiaries and all of the contingent
beneficiaries precede the death of the member, the estate of the member <br>becomes the beneficiary.
(3) Prior to the first day of the month in which the member would have received his or
her first retirement allowance, a monthly benefit payable for life shall not be offered <br>if the beneficiary designated under subsection (1) of this section is more than one <br>(1) person, the member's estate, or a trust.
(4) When a notification of retirement has been filed at the retirement office:
(a) The designation of beneficiary on the notification of retirement shall
supersede the designation of all previous beneficiaries;
(b) The beneficiary designated by the member on the member's notification of
retirement shall be one (1) person, the member's estate, or a trust; and
(c) If the death of the beneficiary named on the notification of retirement precedes
the first day of the month in which the member receives his or her first <br>retirement allowance, the member may designate another beneficiary on the <br>member's notification of retirement.
(5) After the first day of the month in which the member receives his or her first
retirement allowance and subsequent thereto, a member shall not have the right to <br>change his beneficiary, except that: <br>(a) The estate of the retired member becomes the beneficiary if the date of death
of the beneficiary precedes or coincides with the date of death of the retired <br>member;
(b) The estate of the retired member becomes the beneficiary if the retired
member had designated a person as beneficiary who was the spouse or who <br>later married the member and they were divorced on the date of the retired <br>member's death. An ex-spouse who was the named beneficiary on the <br>member's notification of retirement shall be reinstated as the member's <br>beneficiary for the payment options provided by KRS 61.635(2), (3), (4), and <br>(8)(b) if they are remarried to each other as of the date of the retired member's <br>death; and
(c) The estate of the member shall not receive monthly payments if the member
selected one (1) of the payment options provided by KRS 61.635(2), (3), (4), <br>and (8)(b).
Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 173, sec. 3, effective July 15, 2010. -- Amended
2004 Ky. Acts ch. 36, sec. 9, effective July 13, 2004. -- Amended 2000 Ky. Acts <br>ch. 385, sec. 12, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 167, sec. 8, <br>effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 485, sec. 9, effective July 15, <br>1994. </p>
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