{"data":{"id":"us-ky/krs-67a.440","jurisdiction":"us-ky","citation":"KRS 67A.440","heading":"Death of member due to occupational causes -- Benefits to surviving","body":"spouse, minor children, and parents.\n(1) (a) Upon death of a member due to occupational causes, regardless of length of\nservice, the surviving spouse shall be entitled immedi ately upon cessation of\nsalary to an annuity equal to seventy -five percent (75%) of the member's last\nrate of salary. This annuity shall be payable until the surviving spouse dies. In\naddition, if any minor children of the member, under age eighteen (18),\nsurvive the member, the surviving spouse or parent or legal guardian shall\nreceive on account of each child, ten percent (10%) of the member's last rate\nof salary until each child attains age eighteen (18). In the case of a child\nregularly engaged in full -time educational activities, payments shall continue\nuntil age twenty -three (23), but payments shall be made directly to a child\nbetween the ages of eighteen (18) and twenty -three (23). The combined\npayments to a surviving spouse and minor children shall n ot exceed one\nhundred percent (100%) of the final rate of salary. When more than one (1)\nchild survives the member, the amount payable by reason of such children\nshall be divided equally among them.\n(b) Any surviving spouse who is drawing a benefit pursuan t to paragraph (a) of\nthis subsection on July 1, 2013, that is less than the amount computed under\nparagraph (a) of this subsection, shall have the retirement annuity increased to\nthe amount determined under paragraph (a) of this subsection.\n(2) If the mem ber is not survived by a spouse, and there are minor children of the\nmember, the following benefits shall be paid:\n(a) One (1) minor child, fifty percent (50%) of the final rate of salary;\n(b) Two (2) minor children, an additional fifteen percent (15%) of final salary;\n(c) Three (3) or more minor children, an additional ten percent (10%) of final\nsalary, subject to a maximum combined payment of seventy -five percent\n(75%) of the member's final rate of salary.\nThese benefits shall be divided in equal amounts  for each child and paid to the\nparent or legal guardian of each child under eighteen (18). In the case of a child\nregularly engaged in full -time educational activities, payments shall continue until\nage twenty-three (23), but payments shall be made direct ly to the child between the\nages of eighteen (18) and twenty -three (23). As eligibility of children expires, the\ntotal annuity payment shall be reduced by percentage amount in reverse order.\n(3) If neither a surviving spouse nor minor children eligible for  benefits survive the\nmember, each dependent parent shall be entitled to an annuity equal to twenty -five\npercent (25%) of the member's last rate of salary, or fifty percent (50%) to both\nparents.","path":["KRS Chapter 67A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50406","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:27Z","sha256":"de19ac33e27537ddb1cde00f545378e8aa204581f0152b4b55e3895c992ae89b","source_id":"us-ky","stale":false,"prev":"us-ky/krs-67a.430","next":"us-ky/krs-67a.450"},"notice":"GroundRules: Original legal text. Not legal advice."}