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61.621 Fred Capps Memorial Act -- Eligibility for benefits for duty-related injury.

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Page 1 of 2 61.621 Fred Capps Memorial Act -- Eligibility for benefits for duty-related injury. (1) Notwithstanding any provision of any statutes to the contrary, effective June 1, 2000, any employee participating in one (1) of the state-administered retirement <br>systems who is not in a hazardous duty position, as defined in KRS 61.592, shall be <br>eligible for minimum benefits equal to the benefits payable under this section or <br>KRS 61.702 if the employee dies or becomes totally and permanently disabled to <br>engage in any occupation for remuneration or profit as a result of a duty-related <br>injury. (2) (a) For purposes of this section, &quot;duty-related injury&quot; means: 1. a. A single traumatic event that occurs while the employee is <br>performing the duties of his position; or b. A single act of violence committed against the employee that is <br>found to be related to his job duties, whether or not it occurs at his <br>job site; and 2. The event or act of violence produces a harmful change in the human <br>organism evidenced by objective medical findings. (b) Duty-related injury does not include the effects of the natural aging process, a communicable disease unless the risk of contracting the disease is increased <br>by nature of the employment, or a psychological, psychiatric, or stress-related <br>change in the human organism unless it is the direct result of a physical injury. (3) (a) If the employee dies as a result of a duty-related injury and is survived by a spouse, the surviving spouse shall be the beneficiary, and this shall supersede <br>the designation of all previous beneficiaries of the deceased employee's <br>retirement account. (b) The surviving spouse may elect to receive the benefits payable under KRS 61.640 or other applicable death benefit statutes, or may elect to receive a <br>lump-sum payment of ten thousand dollars (&#36;10,000) and a monthly payment <br>equal to twenty-five percent (25%) of the member's monthly final rate of pay <br>beginning in the month following the member's death and continuing each <br>month until death. (4) If the employee is determined to be disabled as provided in KRS 61.600, or other applicable disability statutes in any other state-administered retirement system, as <br>the result of a duty-related injury, the employee may elect to receive benefits <br>determined under the provisions of KRS 61.605, or other applicable disability <br>statutes in any other state-administered retirement system, except that the monthly <br>retirement allowance shall not be less than twenty-five percent (25%) of the <br>employee's monthly final rate of pay. For purposes of determining disability, the <br>service requirement in KRS 61.600(1)(a), or other applicable statutes in any other <br>state-administered retirement system, shall be waived. (5) In the period of time following a member's death or disability during which dependent children survive, a monthly payment shall be made for each dependent <br>child who is alive which shall be equal to ten percent (10%) of the deceased or <br>disabled member's monthly final rate of pay; however, total maximum dependent Page 2 of 2 children's benefits shall not exceed forty percent (40%) of the deceased or disabled <br>member's monthly final rate of pay at the time any particular payment is due. The <br>payment shall commence in the month following the date of death or disability of <br>the member and shall be payable to the beneficiaries, or to a legally appointed <br>guardian, or as directed by the system. Benefits for death as a result of a duty-<br>related injury shall be payable under this subsection notwithstanding an election by <br>a beneficiary to withdraw the deceased member's accumulated contributions as <br>provided in KRS 61.625 or benefits under any other provisions of KRS 61.515 to <br>61.705 or other applicable death benefit statutes in any other state-administered <br>retirement system. (6) This section shall be known as &quot;The Fred Capps Memorial Act.&quot; Effective: July 13, 2004 <br>History: Amended 2004 Ky. Acts ch. 36, sec. 19, effective July 13, 2004. -- Amended 2002 Ky. Acts ch. 176, sec. 1, effective July 15, 2002. -- Created 2001 Ky. Acts <br>ch. 7, sec. 1, effective June 21, 2001.