{"data":{"id":"us-ky/krs-393a.050","jurisdiction":"us-ky","citation":"KRS 393A.050","heading":"When tax-deferred retirement account presumed abandoned.","body":"(1) Subject to KRS 393A.120, property held in a pension account or retirement account\nthat qualifies for tax deferral under the income -tax laws of the United States shall\nbe presumed abandoned if it is unclaimed by the apparent owner three (3) years\nafter the later of:\n(a) The following dates:\n1. Except as provided in subparagraph 2. of this paragraph, the date a\nsecond consecutive communication sent by the holder by first -class\nUnited States mail to the apparent owner is returned to the holder\nundelivered by the United States Postal Service; or\n2. If the second communication is sent later than thirty (30) days after the\ndate the first communication is returned undelivered, the date the first\ncommunication was returned undelivered by the United States Postal\nService; or\n(b) The earlier of the following dates:\n1. The date the apparent owner becomes seventy and one -half (70 ½) years\nof age, if determinable by the holder; or\n2.  If 26 U.S.C. secs. 1 et seq., as amended, requires distribution to avoid a\ntax penalty, two (2) years after the date the holder:\na. Receives confirmation of the death of the apparent owner in the\nordinary course of its business; or\nb. Confirms the death of the apparent owner under subsection (2) of\nthis section.\n(2) If a holder in the ordina ry course of its business receives notice or an indication of\nthe death of an apparent owner and subsection (1)(b) of this section applies, the\nholder shall attempt not later than ninety (90) days after receipt of the notice or\nindication to confirm whether the apparent owner is deceased.\n(3) If the holder does not send communications to the apparent owner of an account\ndescribed in subsection (1) of this section by first -class United States mail, the\nholder shall attempt to confirm the apparent owner's int erest in the property by\nsending the apparent owner an electronic-mail communication not later than two (2)\nyears after the apparent owner's last indication of interest in the property. However,\nthe holder promptly shall attempt to contact the apparent owner by first-class United\nStates mail if:\n(a) The holder does not have information needed to send the apparent owner an\nelectronic-mail communication or the holder believes that the apparent\nowner's electronic-mail address in the holder's records is not valid;\n(b) The holder receives notification that the electronic -mail communication was\nnot received; or\n(c) The apparent owner does not respond to the electronic -mail communication\nwithin thirty (30) days after the communication was sent.\n(4) If first-class United States mail sent under subsection (3) of this section is returned\nto the holder undelivered by the United States Postal Service, the property shall be\npresumed abandoned three (3) years after the later of:\n(a) Except as provided in pa ragraph (b) of this subsection, the date a second\nconsecutive communication to contact the apparent owner sent by first -class\nUnited States mail is returned to the holder undelivered;\n(b) If the second communication is sent later than thirty (30) days afte r the date\nthe first communication is returned undelivered, the date the first\ncommunication was returned undelivered; or\n(c) The date established by subsection (1)(b) of this section.","path":["KRS Chapter 393A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48102","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:24Z","sha256":"be054df0a717a8c22b93e2243727c8db642d833ed9508d8605da456c54cf14cb","source_id":"us-ky","stale":false,"prev":"us-ky/krs-393a.040","next":"us-ky/krs-393a.060"},"notice":"GroundRules: Original legal text. Not legal advice."}