{"data":{"id":"us-ky/krs-67a.492","jurisdiction":"us-ky","citation":"KRS 67A.492","heading":"Surviving spouse benefit of sixty percent of member's final annuity, final","body":"rate of pay, or service retirement annuity -- Eligibility -- Purchase of optional\nsurvivorship allowance -- Surviving children benefit of fifty percent to seventy-\nfive percent.\n(1) (a) Upon the death of a retired member, his or her surviving spouse shall receive\nan annuity equal to sixty percent (60%) of the member's final annuity, or of\nthe member's final rate of pay, whichever is greater.\n(b) Upon the death of a membe r who withdraws on a certificate as provided by\nKRS 67A.410(3)(a) or (b), his or her surviving spouse shall receive an annuity\nequal to sixty percent (60%) of the member's service retirement annuity.\n(c) The surviving spouse must have been married to the m ember for at least three\n(3) years prior to the member's death or six (6) months prior to the member's\nretirement or withdrawal on a certificate as provided by KRS 67A.410(3)(a)\nor (b), in order to be eligible for the benefits provided in this section. Effective\nApril 4, 2006, the benefits provided by this section shall be made eligible to\nsurviving spouses of any retired member who died on July 14, 2000, or\nthereafter.\n(2) Any member who retires on July 15, 1990, or thereafter, and any member who\nwithdraws on a certificate as provided by KRS 67A.410(3)(a) or (b), shall have the\noption at retirement or upon application for a certificate to purchase an increased\nannuity allowance for his or her surviving spouse. The amount of any such optional\nsurvivorship allowance shall be actuarially equivalent to the amount of retirement\nallowance otherwise payable to the member. No surviving minor children annuity\nshall be payable under subsection (3) of this section if a surviving spouse annuity is\npayable under this subsection. The member may elect either of two (2) options:\n(a) Survivorship seventy-five percent (75%). The member may elect to receive a\ndecreased retirement allowance during his or her lifetime and have seventy -\nfive percent (75%) of such retirement allowan ce continue after the member's\ndeath to his or her eligible surviving spouse until the surviving spouse's death;\nor\n(b) Survivorship one hundred percent (100%). The member may elect to receive a\ndecreased retirement allowance during his or her lifetime and  have such\nretirement allowance continued at the same rate after the member's death to\nhis or her eligible surviving spouse until the surviving spouse's death.\n(3) If, in addition to a surviving spouse who is entitled to an annuity under subsection\n(1) of this section, a minor child or children survive the member, an additional\nannuity shall be provided for such child or children equal to:\n(a) For the first child, fifty percent (50%) of the amount of the surviving spouse's\nannuity; and\n(b) For each addition al child, twenty -five percent (25%) of the amount of the\nsurviving spouse's annuity;\nsubject to a maximum combined annuity for the surviving spouse and minor\nchildren not to exceed seventy -five percent (75%) of the member's final annuity,\nfinal rate of pa y, or service retirement annuity, calculated, as applicable, under\nsubsection (1) of this section.\nThe annuity provided for the minor children shall be divided and paid in equal\namounts for each child to the surviving parent or guardian of each child unde r the\nage of eighteen (18), and paid directly to each child between the ages of eighteen\n(18) and twenty -three (23) who is regularly engaged in full -time educational\nactivities. The annuity of each child or children shall continue until each child\nattains the age of eighteen (18), or in the case of a child regularly engaged in full -\ntime educational activities, the age of twenty -three (23). As the eligibility of\nchildren expire, the total annuity for such children shall be reduced by percentage\namount in reverse order.\n(4) If the member is not survived by a spouse who qualifies under subsection (1) or (2)\nof this section, and a minor child or children survive the member, an annuity shall\nbe provided for such child or children equal to the following share of t he member's\nfinal annuity, final rate of pay, or service retirement, whichever is greater:\n(a) For the first child, fifty percent (50%); and\n(b) 1. For two (2) children, an additional fifteen percent (15%); or\n2. For three (3) or more children, an additional ten percent (10%) each;\nsubject to a maximum combined annuity for all minor children not to exceed\nseventy-five percent (75%) of the member's final annuity, final rate of pay, or\nservice retirement, whichever is greater.\nThe annuity provided for the minor children shall be divided and paid in equal\namounts for each child to the surviving parent or guardian of each child under the\nage of eighteen (18), and paid directly to each child between the ages of eightee n\n(18) and twenty -three (23) who is regularly engaged in full -time educational\nactivities. The annuity of each child or children shall continue until each child\nattains the age of eighteen (18), or in the case of a child regularly engaged in full -\ntime educ ational activities, the age of twenty -three (23). As the eligibility of\nchildren expire, the total annuity for such children shall be reduced by percentage\namount in reverse order.","path":["KRS Chapter 67A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50409","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:27Z","sha256":"7522aeb2a0edfbe1c5d4225b559c89eed35ba5e9432d302c07e9fd34b26a67e5","source_id":"us-ky","stale":false,"prev":"us-ky/krs-67a.490","next":"us-ky/krs-67a.500"},"notice":"GroundRules: Original legal text. Not legal advice."}