UNOFFICIAL COPY 24 RS BR 431
Page 1 of 11
XXXX 1/2/2024 5:05 PM Jacketed
AN ACT relating to death in the line of duty benefits. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 16.601 is amended to read as follows: 3
(1) If a member dies as a direct result of an act in line of duty as defined in KRS 16.505 4
and is survived by a spouse: 5
(a) The surviving spouse shall be the beneficiary, and this shall supersede the 6
designation of all previous beneficiaries of the deceased member's retirement 7
account except as provided in KRS 61.542(2)(e); 8
(b) The surviving spouse, provided he or she supersedes all previously designated 9
beneficiaries, may elect to receive a lump-sum payment of ten thousand 10
dollars ($10,000) and a monthly payment equal to seventy-five percent (75%) 11
of the member's monthly average pay beginning in the month following the 12
member's death and continuing each month until the death of the surviving 13
spouse; and 14
(c) In addition, if the member is also survived by dependent children, monthly 15
payments shall be made for each dependent child equal to ten percent (10%) 16
of the deceased member's monthly average pay, except that the combined 17
maximum payment made to the: 18
1. Surviving spouse and dependent children under this subsection shall not 19
exceed one hundred percent (100%) of the deceased member's monthly 20
average pay; and 21
2. Dependent children, while the surviving spouse is living, shall not 22
exceed twenty-five percent (25%) of the deceased member's monthly 23
average pay. Payments made to the dependent children under this 24
subsection shall be divided equally among all the dependent children. 25
(2) If a member dies as a result of an act in line of duty as defined in KRS 16.505 and 26
is not survived by a spouse but is survived by a dependent child or children, the 27 UNOFFICIAL COPY 24 RS BR 431
Page 2 of 11
XXXX 1/2/2024 5:05 PM Jacketed
following benefits shall be paid to the dependent child or children: 1
(a) Fifty percent (50%) of the deceased member's monthly average pay, if the 2
deceased member has one (1) dependent child; 3
(b) Sixty-five percent (65%) of the deceased member's monthly average pay, if 4
the deceased member has two (2) dependent children; or 5
(c) Seventy-five percent (75%) of the deceased member's monthly average pay, if 6
the deceased member has three (3) or more dependent children. 7
Payments made to the dependent children under this subsection shall be divided 8
equally among all the dependent children. 9
(3) If a member dies as a direct result of an act in line of duty as defined in KRS 16.505 10
and the member has on file in the retirement office at the time of his or her death a 11
written designation of only one (1) beneficiary other than his or her spouse who has 12
not been superseded by the surviving spouse as provided by subsection (1)(a) of 13
this section[, and who is a dependent receiving at least one-half (1/2) of his or her 14
support from the deceased member], the beneficiary may elect to receive a lump-15
sum payment equal to the member's monthly average pay multiplied by thirty-six 16
(36) months[of ten thousand dollars ($10,000)]. 17
(4) The payments provided by this section shall commence in the month following the 18
date of death of the member and shall be payable to the spouse, dependent children, 19
beneficiaries, or to a legally appointed guardian or as directed by the system. 20
Benefits to a dependent child under this section shall be payable notwithstanding an 21
election by a surviving spouse or beneficiary to withdraw the deceased member's 22
accumulated account balance as provided in KRS 61.625 or to elect benefits under 23
any other provisions of KRS 16.510 to 16.652. 24
(5) A surviving spouse or beneficiary eligible for benefits under subsection (1) or (3) of 25
this section who is also eligible for benefits under any other provisions of KRS 26
16.510 to 16.652 may elect benefits under this section or any other section of KRS 27 UNOFFICIAL COPY 24 RS BR 431
Page 3 of 11
XXXX 1/2/2024 5:05 PM Jacketed
16.510 to 16.652 but cannot elect to receive both. 1
(6) (a) A surviving spouse or beneficiary applying for benefits under subsection (1) 2
or (3) of this section who is also eligible for benefits under KRS 16.578 may 3
elect to receive benefits under KRS 16.578(2)(a) or (b) while the application 4
for benefits under subsection (1) or (3) of this section is pending. 5
(b) If a final determination results in a finding of eligibility for benefits under 6
subsection (1) or (3) of this section, the system shall recalculate the benefits 7
due the surviving spouse or beneficiary in accordance with this subsection. 8
(c) If the surviving spouse or beneficiary has been paid less than the amount of 9
benefits to which the surviving spouse or beneficiary was entitled to receive 10
under this section, the system shall pay the additional funds due to the 11
surviving spouse or beneficiary. 12
(d) If the surviving spouse or beneficiary has been paid more than the amount of 13
benefits to which the surviving spouse or beneficiary was entitled to receive 14
under this section, the system shall deduct the amount overpaid to the 15
surviving spouse or beneficiary from any[the ten thousand dollars ($10,000)] 16
lump-sum payment provided by this section and from the monthly retirement 17
allowance payments until the amount owed to the systems has been recovered. 18
Section 2. KRS 61.621 is amended to read as follows: 19
(1) Notwithstanding any provision of any statutes to the contrary, effective June 1, 20
2000, any employee participating in one (1) of the state-administered retirement 21
systems who is not in a hazardous duty position, as defined in KRS 61.592 or 22
78.5520, shall be eligible for minimum benefits equal to the benefits payable under 23
this section or KRS 61.702 or 78.5536, as applicable, if the employee dies or 24
becomes totally and permanently disabled to engage in any occupation for 25
remuneration or profit as a result of a duty-related injury. 26
(2) (a) For purposes of this section, "duty-related injury" means: 27 UNOFFICIAL COPY 24 RS BR 431
Page 4 of 11
XXXX 1/2/2024 5:05 PM Jacketed
1. a. A single traumatic event that occurs while the employee is 1
performing the duties of his or her position; or 2
b. A single act of violence committed against the employee that is 3
found to be related to his or her job duties, whether or not it occurs 4
at his or her job site; and 5
2. The event or act of violence produces a harmful change in the human 6
organism evidenced by objective medical findings. 7
(b) "Duty-related injury" does not include the effects of the natural aging process, 8
a communicable disease unless the risk of contracting the disease is increased 9
by nature of the employment, or a psychological, psychiatric, or stress-related 10
change in the human organism unless it is the direct result of a physical 11
injury. 12
(3) (a) 1. If the employee dies as a result of a duty-related injury and is survived 13
by a spouse, the surviving spouse shall be the beneficiary, and this shall 14
supersede the designation of all previous beneficiaries of the deceased 15
employee's retirement account, except as provided in KRS 61.542(2)(e). 16
2.[(b)] The surviving spouse, provided he or she supersedes all previously 17
designated beneficiaries, may elect to receive the benefits payable under 18
KRS 61.640 or other applicable death benefit statutes, or may elect to 19
receive a lump-sum payment of ten thousand dollars ($10,000) and a 20
monthly payment equal to seventy-five percent (75%) of the member's 21
monthly average pay beginning in the month following the member's 22
death and continuing each month until the death of the surviving spouse. 23
3.[(c)] In addition, if the member is also survived by dependent children, 24
monthly payments shall be made for each dependent child equal to ten 25
percent (10%) of the deceased member's monthly average pay, except 26
that the combined maximum payment made to the: 27 UNOFFICIAL COPY 24 RS BR 431
Page 5 of 11
XXXX 1/2/2024 5:05 PM Jacketed
a.[1.] Surviving spouse and dependent children under this subsection 1
shall not exceed one hundred percent (100%) of the deceased 2
member's monthly average pay; and 3
b.[2.] Dependent children, while the surviving spouse is living, shall not 4
exceed twenty-five percent (25%) of the deceased member's 5
monthly average pay. Payments made to the dependent children 6
under this subsection shall be divided equally among all the 7
dependent children. 8
(b) In the event an employee dies as a result of a duty-related injury in a 9
nonhazardous position that could be certified as a hazardous position based 10
upon KRS 61.592 and has on file in the retirement office at the time of his 11
or her death a written designation of only one (1) beneficiary other than his 12
or her spouse who has not been superseded by the surviving spouse as 13
provided by this subsection, the beneficiary may elect to receive: 14
1. A lump-sum payment equal to the member's monthly average pay 15
multiplied by thirty-six (36) months; or 16
2. The benefits payable under KRS 61.640 or other applicable death 17
benefit statutes. 18
(4) If the employee dies as a result of a duty-related injury and is not survived by a 19
spouse but is survived by a dependent child or children, the following benefits shall 20
be paid to the dependent child or children: 21
(a) Fifty percent (50%) of the deceased member's monthly average pay, if the 22
deceased member has one (1) dependent child; 23
(b) Sixty-five percent (65%) of the deceased member's monthly average pay, if 24
the deceased member has two (2) dependent children; or 25
(c) Seventy-five percent (75%) of the deceased member's monthly average pay, if 26
the deceased member has three (3) or more dependent children. 27 UNOFFICIAL COPY 24 RS BR 431
Page 6 of 11
XXXX 1/2/2024 5:05 PM Jacketed
Payments made to the dependent children under this subsection shall be divided 1
equally among all the dependent children. 2
(5) If the employee is determined to be disabled as provided in KRS 61.600, or other 3
applicable disability statutes in any other state-administered retirement system, as 4
the result of a duty-related injury, the employee may elect to receive benefits 5
determined under the provisions of KRS 61.605, or other applicable disability 6
statutes in any other state-administered retirement system, except that: 7
(a) If an employee is working in a nonhazardous position that could be certified 8
as a hazardous position based upon KRS 61.592, the monthly retirement 9
allowance shall not be less than seventy-five percent (75%) of the employee's 10
monthly average pay; or 11
(b) If an employee is working in a nonhazardous position that could not be 12
certified as a hazardous position based upon KRS 61.592, the monthly 13
retirement allowance shall not be less than twenty-five percent (25%) of the 14
employee's monthly final rate of pay. 15
For purposes of determining a disability that is the result of a duty related injury, 16
the service requirement in KRS 61.600(1)(a), or other applicable statutes in any 17
other state-administered retirement system, shall be waived. 18
(6) (a) In the period of time following the disability of a member covered by 19
subsection (5)(a) of this section during which dependent children survive, a 20
monthly payment shall be made for each dependent child who is alive which 21
shall be equal to ten percent (10%) of the disabled member's monthly average 22
pay, except that: 23
1. Member and dependent children payments under this section shall not 24
exceed one hundred percent (100%) of the member's monthly average 25
pay; and 26
2. Total maximum dependent children's benefits shall not exceed twenty-27 UNOFFICIAL COPY 24 RS BR 431
Page 7 of 11
XXXX 1/2/2024 5:05 PM Jacketed
five percent (25%) of the member's monthly average pay while the 1
member is living and forty percent (40%) of the disabled member's 2
monthly average pay after the member's death. The payment shall 3
commence in the month following the date of disability of the member 4
and shall be payable to the dependent children, or to a legally appointed 5
guardian, or as directed by the system and shall be divided equally 6
among all dependent children. 7
(b) In the period of time following the disability of a member covered by 8
subsection (5)(b) of this section during which dependent children survive, a 9
monthly payment shall be made for each dependent child who is alive which 10
shall be equal to ten percent (10%) of the disabled member's monthly final 11
rate of pay; except that total maximum dependent children's benefits shall not 12
exceed forty percent (40%) of the disabled member's monthly final rate of pay 13
at the time any particular payment is due. The payment shall commence in the 14
month following the date of disability of the member and shall be payable to 15
the dependent children, or to a legally appointed guardian, or as directed by 16
the system. 17
(7) Benefits for death as a result of a duty-related injury to a dependent child shall be 18
payable under this section notwithstanding an election by a surviving spouse or 19
beneficiary to withdraw the deceased member's accumulated account balance as 20
provided in KRS 61.625 or benefits under any other provisions of KRS 61.515 to 21
61.705 or other applicable death benefit statutes in any other state-administered 22
retirement system. 23
(8) (a) A surviving spouse or beneficiary applying for benefits under subsection (1) 24
of this section who is also eligible for benefits under KRS 61.640 or 78.5532 25
may elect to receive benefits under KRS 61.640(2)(a) or (b) or 78.5532(2)(a) 26
or (b) while the application for benefits under this section is pending. 27 UNOFFICIAL COPY 24 RS BR 431
Page 8 of 11
XXXX 1/2/2024 5:05 PM Jacketed
(b) If a final determination results in a finding of eligibility for benefits under this 1
section, the system shall recalculate the benefits due the spouse or beneficiary 2
in accordance with this subsection. 3
(c) If the spouse or beneficiary has been paid less than the amount of benefits to 4
which the spouse or beneficiary was entitled to receive under this section, the 5
system shall pay the additional funds due to the spouse. 6
(d) If the spouse or beneficiary has been paid more than the benefit the spouse or 7
beneficiary was eligible to receive under this section, then the system shall 8
deduct the amount owed by the spouse or beneficiary from any[the ten 9
thousand dollars ($10,000)] lump-sum payment provided by this section and 10
from the monthly retirement allowance payments until the amount owed to 11
the systems has been recovered. 12
(9) For purposes of this section, "dependent child" has the same meaning as in KRS 13
16.505. 14
(10) This section shall be known as "The Fred Capps Memorial Act." 15
Section 3. KRS 78.5534 is amended to read as follows: 16
The provisions of this section shall apply to members in a hazardous position. 17
(1) If a member dies as a direct result of an act in line of duty as defined in KRS 78.510 18
and is survived by a spouse: 19
(a) The surviving spouse shall be the beneficiary, and this shall supersede the 20
designation of all previous beneficiaries of the deceased member's retirement 21
account except as provided in KRS 61.542(2)(e); 22
(b) The surviving spouse, provided he or she supersedes all previously designated 23
beneficiaries, may elect to receive a lump-sum payment of ten thousand 24
dollars ($10,000) and a monthly payment equal to seventy-five percent (75%) 25
of the member's monthly average pay beginning in the month following the 26
member's death and continuing each month until the death of the surviving 27 UNOFFICIAL COPY 24 RS BR 431
Page 9 of 11
XXXX 1/2/2024 5:05 PM Jacketed
spouse; and 1
(c) In addition, if the member is also survived by dependent children, monthly 2
payments shall be made for each dependent child equal to ten percent (10%) 3
of the deceased member's monthly average pay, except that the combined 4
maximum payment made to the: 5
1. Surviving spouse and dependent children under this subsection shall not 6
exceed one hundred percent (100%) of the deceased member's monthly 7
average pay; and 8
2. Dependent children, while the surviving spouse is living, shall not 9
exceed twenty-five percent (25%) of the deceased member's monthly 10
average pay. Payments made to the dependent children under this 11
subsection shall be divided equally among all the dependent children. 12
(2) If a member dies as a result of an act in line of duty as defined in KRS 78.510 and 13
is not survived by a spouse but is survived by a dependent child or children, the 14
following benefits shall be paid to the dependent child or children: 15
(a) Fifty percent (50%) of the deceased member's monthly average pay, if the 16
deceased member has one (1) dependent child; 17
(b) Sixty-five percent (65%) of the deceased member's monthly average pay, if 18
the deceased member has two (2) dependent children; or 19
(c) Seventy-five percent (75%) of the deceased member's monthly average pay, if 20
the deceased member has three (3) or more dependent children. 21
Payments made to the dependent children under this subsection shall be divided 22
equally among all the dependent children. 23
(3) If a member dies as a direct result of an act in line of duty as defined in KRS 78.510 24
and the member has on file in the retirement office at the time of his or her death a 25
written designation of only one (1) beneficiary other than his or her spouse who has 26
not been superseded by the surviving spouse as provided by subsection (1)(a) of 27 UNOFFICIAL COPY 24 RS BR 431
Page 10 of 11
XXXX 1/2/2024 5:05 PM Jacketed
this section[, and who is a dependent receiving at least one-half (1/2) of his or her 1
support from the deceased member], the beneficiary may elect to receive a lump-2
sum payment equal to the member's monthly average pay multiplied by thirty-six 3
(36) months[of ten thousand dollars ($10,000)]. 4
(4) The payments provided by this section shall commence in the month following the 5
date of death of the member and shall be payable to the spouse, dependent children, 6
beneficiaries, or to a legally appointed guardian or as directed by the system. 7
Benefits to a dependent child under this section shall be payable notwithstanding an 8
election by a surviving spouse or beneficiary to withdraw the deceased member's 9
accumulated account balance as provided in KRS 61.625 or to elect benefits under 10
any other provisions of KRS 78.510 to 78.852. 11
(5) A surviving spouse or beneficiary eligible for benefits under subsection (1) or (3) of 12
this section who is also eligible for benefits under any other provisions of KRS 13
78.510 to 78.852 may elect benefits under this section or any other section of KRS 14
78.510 to 78.852 but cannot elect to receive both. 15
(6) (a) A surviving spouse or beneficiary applying for benefits under subsection (1) 16
or (3) of this section who is also eligible for benefits under KRS 78.5532 may 17
elect to receive benefits under KRS 78.5532(2)(a) or (b) while the application 18
for benefits under subsection (1) or (3) of this section is pending. 19
(b) If a final determination results in a finding of eligibility for benefits under 20
subsection (1) or (3) of this section, the system shall recalculate the benefits 21
due the surviving spouse or beneficiary in accordance with this subsection. 22
(c) If the surviving spouse or beneficiary has been paid less than the amount of 23
benefits which the surviving spouse or beneficiary was entitled to receive 24
under this section, the system shall pay the additional funds due to the 25
surviving spouse or beneficiary. 26
(d) If the surviving spouse or beneficiary has been paid more than the amount of 27 UNOFFICIAL COPY 24 RS BR 431
Page 11 of 11
XXXX 1/2/2024 5:05 PM Jacketed
benefits which the surviving spouse or beneficiary was entitled to receive 1
under this section, the system shall deduct the amount overpaid to the 2
surviving spouse or beneficiary from any[the ten thousand dollars ($10,000)] 3
lump-sum payment provided by this section and from the monthly retirement 4
allowance payments until the amount owed to the systems has been recovered. 5