{"data":{"id":"us-ky/krs-161.650","jurisdiction":"us-ky","citation":"KRS 161.650","heading":"Death of retired member -- Payment to beneficiaries -- Effect of divorce","body":"decree -- Failure to designate beneficiary.\n(1) In the case of death of a member who has retired by reason of service or disability,\nany portion of the member's accumula ted contributions, including member\ncontributions to the state accumulation fund and regular interest to the date of\nretirement, that has not, and will not be paid as an allowance or benefit shall be paid\nto the member's beneficiary in such manner as the board of trustees elects.\n(2) (a) The member may designate a primary beneficiary or two (2) or more\ncobeneficiaries to receive any remaining accumulated member contributions\npayable under this section.\n(b)  A contingent beneficiary may be designated in addi tion to the primary\nbeneficiary or the cobeneficiaries. The member may designate two (2) or more\ncontingent beneficiaries.\n(c) To the extent permitted by the Internal Revenue Code, a trust may be\ndesignated as beneficiary for receipt of any remaining fund s of the member's\naccumulated contributions.\n(d) Members may designate as beneficiaries only presently identifiable and\nexisting individuals, or trusts where otherwise permitted, without contingency\ninstructions, on forms prescribed by the retirement syst em. Cobeneficiaries\nshall be composed of a single class of individuals, or trusts where permitted,\nwho will share in equal proportions in any payment that may become available\nunder this section.\n(e) 1. Any beneficiary designation made by the member shall  remain in effect\nuntil changed by the member on forms prescribed by the retirement\nsystem, except in the event of subsequent marriage or divorce.\n2. Subsequent marriage by the member shall void the primary beneficiary\nand any cobeneficiary designation, even that of a trust, and the spouse of\nthe member at death shall be considered as the primary beneficiary,\nunless the member subsequent to marriage designates another\nbeneficiary. An individual who is married prior to becoming a retired\nmember of the retir ement system and remains married at the time of\nbecoming a retired member shall have his or her spouse considered the\nprimary beneficiary, unless the member designates another beneficiary\nfor any amounts payable under subsection (1) of this section.\n3. A f inal divorce decree shall terminate the beneficiary status of an ex -\nspouse unless, subsequent marriage or to divorce, the member\nredesignates the former spouse as a beneficiary. A final divorce decree\nshall not terminate the designation of a trust as benef iciary regardless of\nwho is designated as beneficiary of the trust.\n(f) In the event that the member fails to designate a beneficiary or all designated\nbeneficiaries predecease the member, any remaining accumulated member\ncontributions shall be payable to  the member's estate, unless the member is\nmarried at the time of his or her death, in which case any remaining\ncontributions shall be payable to his or her spouse.","path":["KRS Chapter 161"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=51826","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:11Z","sha256":"6cbd3e95319a7c6beeaef3ee65fe9a2c69ac787e806790adfb4bbfc189031872","source_id":"us-ky","stale":false,"prev":"us-ky/krs-161.643","next":"us-ky/krs-161.655"},"notice":"GroundRules: Original legal text. Not legal advice."}