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95.860 Death of member due to occupational causes -- Benefits to surviving widow, minor children, parents -- Reduction of survivor benefits -- Cost-of-living increases.

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95.860 Death of member due to occupational causes -- Benefits to surviving widow, minor children, parents -- Reduction of survivor benefits -- Cost-of-living <br>increases. (1) Upon death of a member due to occupational causes, regardless of length of service, his surviving widow shall be entitled immediately upon cessation of salary or <br>annuity, as the case may be, to an annuity equal to fifty percent (50%) of the <br>member's last rate of salary plus the total increase the retired member may have <br>received in his annuity pursuant to KRS 95.859(3). This annuity shall be payable <br>until she dies or remarries. No surviving widow shall receive an annuity of less than <br>one hundred fifty dollars (&#36;150) per month. The board may increase the minimum <br>benefit to no more than five hundred dollars (&#36;500) per month if the increase can be <br>supported on an actuarially sound basis by the fund. When Social Security benefits <br>are increased, the minimum shall be increased by a like percentage, provided the <br>increase shall not exceed five percent (5%). In addition, if minor children under age <br>eighteen (18) survive the member, the widow shall receive twenty-five percent <br>(25%) of the member's last rate of salary until the last child attains age eighteen <br>(18). The combined payments to a widow and minor children, excluding cost-of-<br>living increases or increases in the survivor benefit due to increases the retired <br>member may have received in his annuity pursuant to KRS 95.859(3), shall not <br>exceed seventy-five percent (75%) of his final rate of salary. (2) If a widow does not survive the member, or if she remarries, and minor children under age eighteen (18) exist, the children shall be entitled to the benefits provided <br>in KRS 95.861(3). (3) If neither a widow nor minor children eligible for benefits survive the member, each dependent parent shall be entitled to an annuity equal to twenty-five percent (25%) <br>of the member's last rate of salary, or fifty percent (50%) to both parents. (4) If a widow would receive from a combination of: (a) Survivor benefits pursuant to this section, excluding benefits for minor children or increases in the survivor benefit due to increases the retired <br>member may have received in his annuity pursuant to KRS 95.859(3); and (b) Workers' compensation benefits, excluding dependent children's allowances or payments for medical expenses or legal fees related to the workers' <br>compensation claim, an amount greater than one hundred percent (100%) of <br>the deceased member's last rate of salary, then the pension system survivor benefits shall be reduced to the point that the <br>combined payments equal one hundred percent (100%) of the last rate of salary. The <br>survivor benefit shall not be reduced, however, below an amount equal to two and <br>one-half percent (2.5%) of average salary for each year of the deceased member's <br>service. Any reduction in the survivor payment shall be based upon workers' <br>compensation benefits applicable at the time the survivor payment is granted, and <br>not upon subsequent increases in either benefit. If workers' compensation benefits <br>are reduced at a subsequent time, the surviving spouse shall inform the board, and <br>the board shall increase the survivor's benefit by the amount of the reductions, but <br>not by more than an amount which would increase the survivor's benefit to fifty percent (50%) of last rate of salary, excluding cost-of-living increases or increases <br>in the survivor benefit due to increases the retired member may have received in his <br>annuity pursuant to KRS 95.859(3). The board of trustees may pay estimated <br>benefits to a surviving spouse, upon qualification for the benefits, based upon an <br>estimate of workers' compensation benefits until such amounts are actually <br>determined, at which time a final calculation of the spouse's actual benefits shall be <br>determined and the account corrected retroactive to the effective date of the <br>survivor benefit. If workers' compensation benefits are paid in lump sums, the board <br>shall reduce the survivor benefit on a monthly rather than a lump-sum basis. The <br>amount of the monthly reduction shall be based upon the life expectancy of the <br>survivor. The board may request the assistance of the general manager of Kentucky <br>Retirement Systems to calculate the reduction in survivor benefits when lump-sum <br>payments are involved, and the general manager shall provide such assistance upon <br>request. (5) A surviving child or parent receiving benefits pursuant to this section shall receive the same cost-of-living increase granted to retirees pursuant to KRS 95.859(3). A <br>surviving spouse who does not receive an increase pursuant to subsection (1) of this <br>section or whose pension increase pursuant to the Social Security increase is less <br>than the cost-of-living increase in KRS 95.859(3) shall receive the same increase an <br>annuitant receives pursuant to KRS 95.859(3), not to exceed a total of five percent <br>(5%). Effective: July 14, 2000 <br>History: Amended 2000 Ky. Acts ch. 341, sec. 2, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 124, sec. 2, effective July 15, 1996. -- Amended 1994 Ky. Acts <br>ch. 50, sec. 2, effective July 15, 1994; and ch. 231, sec. 1, effective July 15, 1994. </p> <BR></DIV><!-- /.col.one --><!-- /.col.two --></DIV><!-- /.col.main --></DIV><!-- /div id = content --> <BR class=clear></DIV> <!-- /div id = livearea --> <DIV></DIV><!-- /.col.one --> <DIV></DIV><!-- /.col.main --> <DIV></DIV><!-- /#content --><BR class=clear> <DIV></DIV><!-- /#livearea --> <!-- Footer--> <DIV id=footer> <DIV class=container> <P class=copyright>Copyright &copy; 2012-2022 Laws9.Com All rights reserved. </P><!-- /.copyright --> <P class=footerlinks><A href="/contactus.html">Contact Us</A> | <A href="/aboutus.html">About Us</A> | <A href="/terms.html">Terms</A> | <A href="/privacy.html">Privacy</A></P><!-- /.footerlinks --> </DIV><!-- /.container --> </DIV><!-- /footer --> </BODY></HTML>