{"data":{"id":"us-ky/krs-67a.450","jurisdiction":"us-ky","citation":"KRS 67A.450","heading":"Death not in the line of duty of member ineligible or eligible for voluntary","body":"service retirement -- Benefits to surviving spouse and minor children.\n(1) For a member who on the date of death is not eligible for a voluntary service\nretirement under KRS 67A.410, whose death occurs while in service, arising from\nany cause other than in the performance of duty, provided the member has had at\nleast five (5) years of total service, his or her surviving spouse shall receive an\nannuity equal to one and  one-half percent (1-1/2%) of average salary for each year\nof total service, credited to the member, but not less than fifteen percent (15%) of\naverage salary, subject to the following conditions:\n(a) The surviving spouse had been married to the member at least six (6) months\nprior to his or her death;\n(b) The surviving spouse's annuity will terminate in any event when the surviving\nspouse dies. The annuity of each child or children shall continue until each\nchild attains age eighteen (18), or, in the case of a child regularly engaged in\nfull-time educational activities the age of twenty-three (23).\n(2) If, in addition to a surviving spouse, minor children survive the member, an\nadditional annuity shall be payable for such children equal to fifty percent (50 %) of\nthe amount of the surviving spouse's annuity for the first child, and twenty -five\npercent (25%) of the amount of the surviving spouse's annuity for each additional\nchild, subject to a maximum combined payment for the surviving spouse and\nchildren of seventy-five percent (75%) of the member's average salary. The annuity\npayable for minor children shall be divided and paid in equal amounts for each child\nto the parent or guardian of each child under eighteen (18), and directly to each\nchild between the ages of eighteen (18) and twenty -three (23) who is regularly\nengaged in full -time educational activities. As eligibility of children expires, the\ntotal annuity payable for such children shall be reduced by percentage amount in\nreverse order.\n(3) If the mem ber is not survived by a surviving spouse who qualifies under KRS\n67A.450(1)(a) and there are minor children, the following benefits shall be paid: (a)\none (1) minor child, fifty percent (50%), (b)  two (2) minor children, fifteen percent\n(15%) additional, (c)  three (3) or more minor children ten percent (10%) additional,\nsubject to a maximum combined payment of seventy -five percent (75%) of the\naverage salary as defined in KRS 67A.360(13). The benefits payable for minor\nchildren shall be divided and paid  in equal amounts for each child to the parent or\nlegal guardian of each child under the age of eighteen (18), and directly to each\nchild between the ages of eighteen (18) and twenty -three (23) who is regularly\nengaged in full -time educational activities. The annuity of each child or children\nshall continue until each child attains age eighteen (18), or, in the case of a child\nregularly engaged in full -time educational activities the age of twenty -three (23).\nThe annuity payments shall be reduced in reverse  order, as provided in subsection\n(2) of this section.\n(4) Any active member who, on the date of death would otherwise be eligible for a\nservice retirement under KRS 67A.410, shall be deemed to have service until the\ndate of the member's death calculated w ith credit for accumulated sick leave under\nKRS 67A.404. The deceased member shall be deemed to have elected the\nsurvivorship one hundred percent (100%) allowance option under KRS\n67A.492(2)(b).","path":["KRS Chapter 67A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50407","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:27Z","sha256":"c7595a8aff27bae2fc4cdcdb460e2581e1eb9fe7b95b32e6b2c7a2f8be752e25","source_id":"us-ky","stale":false,"prev":"us-ky/krs-67a.440","next":"us-ky/krs-67a.460"},"notice":"GroundRules: Original legal text. Not legal advice."}