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67A.450 Death of member not occasioned by performance of duty -- Benefits to surviving spouse and minor children.

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67A.450 Death of member not occasioned by performance of duty -- Benefits to surviving spouse and minor children. (1) 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 five (5) years <br>of total service, his or her surviving spouse shall receive an annuity equal to one and <br>one-half percent (1-1/2%) of average salary for each year of total service, credited to <br>the member, but not less than fifteen percent (15%) of average salary, subject to the <br>following conditions: <br>(a) The surviving spouse had been married to the member at least six (6) months prior to his or her death; (b) The surviving spouse's annuity will terminate in any event when the surviving spouse dies. The annuity of each child or children shall continue until each <br>child attains age eighteen (18), or, in the case of a child regularly engaged in <br>full-time educational activities the age of twenty-three (23). (2) If, in addition to a surviving spouse, minor children survive the member, an additional annuity shall be payable for such children equal to fifty percent (50%) of <br>the amount of the surviving spouse's annuity for the first child, and twenty-five <br>percent (25%) of the amount of the surviving spouse's annuity for each additional <br>child, subject to a maximum combined payment for the surviving spouse and <br>children of seventy-five percent (75%) of the member's average salary. The annuity <br>payable for minor children shall be divided and paid in equal amounts for each child <br>to the parent or guardian of each child under eighteen (18), and directly to each <br>child between the ages of eighteen (18) and twenty-three (23) who is regularly <br>engaged in full-time educational activities. As eligibility of children expires, the <br>total annuity payable for such children shall be reduced by percentage amount in <br>reverse order. (3) If the member is not survived by a surviving spouse who qualifies under KRS 67A.450(1)(a) and there are minor children, the following benefits shall be paid: <br>(a) one (1) minor child, fifty percent (50%), (b) two (2) minor children, fifteen <br>percent (15%) additional, (c) three (3) or more minor children ten percent (10%) <br>additional, subject to a maximum combined payment of seventy-five percent (75%) <br>of the average salary as defined in KRS 67A.360(13). The benefits payable for <br>minor children shall be divided and paid in equal amounts for each child to the <br>parent or legal guardian of each child under the age of eighteen (18), and directly to <br>each child between the ages of eighteen (18) and twenty-three (23) who is regularly <br>engaged in full-time educational activities. The annuity of each child or children <br>shall continue until each child attains age eighteen (18), or, in the case of a child <br>regularly engaged in full-time educational activities the age of twenty-three (23). <br>The annuity payments shall be reduced in reverse order, as provided in subsection <br>(2) of this section. Effective: April 4, 2006 <br>History: Amended 2006 Ky. Acts ch. 144, sec. 6, effective April 4, 2006. -- Amended 1990 Ky. Acts ch. 189, sec. 2, effective July 13, 1990. -- Amended 1980 Ky. Acts ch. 81, sec. 2, effective July 15, 1980. -- Amended 1976 Ky. Acts ch. 175, sec. 2. -- <br>Created 1974 Ky. Acts ch. 106, sec. 10.