161.480 Statement of member -- Designation of beneficiaries.
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statement as required by the board of trustees and shall designate a primary beneficiary or
two (2) or more cobeneficiaries to receive any benefits accruing from the death of the
member. A contingent beneficiary may be designated in addition to the primary
beneficiary or cobeneficiaries. The member may name more than one (1) contingent
beneficiary. Any beneficiary designation made by the member, including the estate should
the estate become the beneficiary by default, shall remain in effect until changed by the
member on forms prescribed by the Kentucky Teachers' Retirement System, except in the
event of subsequent marriage or divorce. Subsequent marriage by the member shall void
the primary beneficiary and any cobeneficiary designation, even that of a trust, and the
spouse of the member at death shall be considered as the primary beneficiary, unless the
member subsequent to marriage designates another beneficiary. A final divorce decree
shall terminate an ex-spouse's status as either primary beneficiary, cobeneficiary, or
contingent beneficiary, unless subsequent to divorce the member redesignates the former
spouse as primary beneficiary, cobeneficiary, or contingent beneficiary. To the extent
permitted by the Internal Revenue Code, a trust may be designated as beneficiary for
receipt of a member's contributions to the retirement system as provided under KRS
161.470(7). A final divorce decree shall not terminate the designation of a trust as
beneficiary regardless of who is designated as beneficiary of the trust. In the event that a
member fails to designate a beneficiary, or all designated beneficiaries predecease the
member, the member's estate shall be deemed to be the beneficiary. Members may
designate as beneficiaries only presently identifiable and existing individuals, or trusts
where otherwise permitted, without contingency instructions, on forms prescribed by the
retirement system. The provisions of this section shall be retroactive as they relate to
election of beneficiaries by members still in active status on the effective date of this
section. The provisions of this section shall not apply to any account from which a
member is drawing a retirement allowance or to the life insurance benefit available under
KRS 161.655. Effective: July 1, 2010
History: Amended 2010 Ky. Acts ch. 164, sec. 5, effective July 1, 2010. -- Amended 2008 Ky. Acts ch. 78, sec. 5, effective July 1, 2008. -- Amended 2004 Ky. Acts
ch. 121, sec. 6, effective July 1, 2004. -- Amended 2002 Ky. Acts ch. 275, sec. 12,
effective July 1, 2002. -- Amended 1994 Ky. Acts ch. 369, sec. 6, effective July 1,
1994.