HB 271 — AN ACT relating to death-in-line-of-duty benefits and declaring an emergency.

UNOFFICIAL COPY 20 RS BRHB 944271/GA AN ACT relating to death-in-line-of-duty benefits and declaring an emergency.

Payments made Page 1 of 9 BR094400.100HB027110.100 - 944 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRHB 944271/GA to the dependent children under this subsection shall be divided equally among all the dependent children.

Page 2 of 9 BR094400.100HB027110.100 - 944 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRHB 944271/GA (5) A surviving spouse or beneficiary eligible for benefits under subsection (1) or (3) of this section who is also eligible for benefits under any other provisions of KRS 16.510 to 16.652 may elect benefits under this section or any other section of KRS 16.510 to 16.652 but cannot elect to receive both.

(1) Notwithstanding any provision of any statutes to the contrary, effective June 1, 2000, any employee participating in one (1) of the state-administered retirement systems who is not in a hazardous duty position, as defined in KRS 61.592, shall be eligible for minimum benefits equal to the benefits payable under this section or KRS 61.702 if the employee dies or becomes totally and permanently disabled to Page 3 of 9 BR094400.100HB027110.100 - 944 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRHB 944271/GA engage in any occupation for remuneration or profit as a result of a duty-related injury.

(c) [The monthly payment to the surviving spouse upon remarriage shall be Page 4 of 9 BR094400.100HB027110.100 - 944 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRHB 944271/GA twenty-five percent (25%) of the member's monthly average pay beginning in the month following remarriage and continuing each month until death.

(5) If the employee is determined to be disabled as provided in KRS 61.600, or other applicable disability statutes in any other state-administered retirement system, as Page 5 of 9 BR094400.100HB027110.100 - 944 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRHB 944271/GA the result of a duty-related injury, the employee may elect to receive benefits determined under the provisions of KRS 61.605, or other applicable disability statutes in any other state-administered retirement system, except that the monthly retirement allowance shall not be less than twenty-five percent (25%) of the employee's monthly final rate of pay.

(b) If a final determination results in a finding of eligibility for benefits under this section, the system shall recalculate the benefits due the spouse in accordance Page 6 of 9 BR094400.100HB027110.100 - 944 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRHB 944271/GA with this subsection.

(2) In the month following the effective date of the Act, the surviving spouse of a member whose death was determined by the systems to be a direct result of an act in Page 7 of 9 BR094400.100HB027110.100 - 944 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRHB 944271/GA line of duty as defined in KRS 16.505(19) or whose death resulted from a duty- related injury as defined in Section 2 of this Act, but who chose to receive lifetime monthly benefits otherwise payable under KRS 16.578 or 61.640 in lieu of the benefits payable under subsection (1) of Section 1 of this Act or subsection (3) of Section 2 of this Act, shall have his or her monthly benefit increased to the amount specified by Section 1 or 2 of this Act, as applicable, except that the amount shall not be increased above a level that exceeds one hundred percent (100%) of the member's monthly average pay when combined with any dependent child payments from the systems.

Page 8 of 9 BR094400.100HB027110.100 - 944 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRHB 944271/GA Section(4) 4.In the month following the effective date of this Act, the surviving spouse, if the spouse is receiving a monthly benefit due to a member's death that was determined by the systems to be a direct result of an act in line of duty as defined in KRS 16.505(19) or whose death resulted from a duty-related injury as defined in Section 2 of this Act, and who following the member's death subsequently remarried prior to April 13, 2018, shall have his or her monthly benefit increased to the amount specified by Section 1 or 2 of the Act, as applicable, except that the amount shall not be increased above a level that exceeds one hundred percent (100%) of the member's monthly average pay when combined with any dependent child payments from the systems.

Section 4.

Page 9 of 9 BR094400.100HB027110.100 - 944 - XXXX JacketedGA