Kentucky 2024 Regular Session Status: Passed House Bipartisan · 6 R · 1 D cosponsors

HB 164 — AN ACT relating to death in the line of duty benefits.

Last action — to State & Local Government (S)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2024 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

Amend KRS 16.601, 61.621, and 78.5534 to increase minimum line of duty death benefits to a non-spouse beneficiary of a Kentucky Employees Retirement System, County Employees Retirement System, or State Police Retirement System member who was working in an approved hazardous duty position or in a position that could be approved as hazardous duty for retirement purposes; specify the minimum payment to the non-spouse beneficiary shall only be payable if there is no surviving spouse beneficiary and shall be a minimum of a lump-sum payment equal to 36 months of the member's monthly rate of pay; provide that the non-spouse beneficiary may elect the minimum lump-sum payment or any other benefits the non-spouse beneficiary is eligible to receive upon the member's death, but not both.

Bill Text

What changed in the latest version

22 added · 22 removed

22 line(s) added, 22 removed.

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UNOFFICIAL COPY 24 RS BR 431 AN ACT relating to death in the line of duty benefits.
UNOFFICIAL COPY 24 RS HB 164/GA AN ACT relating to death in the line of duty benefits.
(2) If a member dies as a result of an act in line of duty as defined in KRS 16.505 and is not survived by a spouse but is survived by a dependent child or children, the Page 1 of 11 BR043100.100 - 431 - XXXX 2/21/2024 3:05 PM Jacketed UNOFFICIAL COPY 24 RS BR 431 following benefits shall be paid to the dependent child or children:
(2) If a member dies as a result of an act in line of duty as defined in KRS 16.505 and is not survived by a spouse but is survived by a dependent child or children, the Page 1 of 11 HB016410.100 - 431 - XXXX 2/21/2024 3:05 PM GA UNOFFICIAL COPY 24 RS HB 164/GA following benefits shall be paid to the dependent child or children:
(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 Page 2 of 11 BR043100.100 - 431 - XXXX 2/21/2024 3:05 PM Jacketed UNOFFICIAL COPY 24 RS BR 431 16.510 to 16.652 but cannot elect to receive both.
(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 Page 2 of 11 HB016410.100 - 431 - XXXX 2/21/2024 3:05 PM GA UNOFFICIAL COPY 24 RS HB 164/GA 16.510 to 16.652 but cannot elect to receive both.
Page 3 of 11 BR043100.100 - 431 - XXXX 2/21/2024 3:05 PM Jacketed UNOFFICIAL COPY 24 RS BR 431 1.
Page 3 of 11 HB016410.100 - 431 - XXXX 2/21/2024 3:05 PM GA UNOFFICIAL COPY 24 RS HB 164/GA 1.
Page 4 of 11 BR043100.100 - 431 - XXXX 2/21/2024 3:05 PM Jacketed UNOFFICIAL COPY 24 RS BR 431 a.[1.]Surviving spouse and dependent children under this subsection shall not exceed one hundred percent (100%) of the deceased member's monthly average pay;
Page 4 of 11 HB016410.100 - 431 - XXXX 2/21/2024 3:05 PM GA UNOFFICIAL COPY 24 RS HB 164/GA a.[1.]Surviving spouse and dependent children under this subsection shall not exceed one hundred percent (100%) of the deceased member's monthly average pay;
Page 5 of 11 BR043100.100 - 431 - XXXX 2/21/2024 3:05 PM Jacketed UNOFFICIAL COPY 24 RS BR 431 Payments made to the dependent children under this subsection shall be divided equally among all the dependent children.
Page 5 of 11 HB016410.100 - 431 - XXXX 2/21/2024 3:05 PM GA UNOFFICIAL COPY 24 RS HB 164/GA Payments made to the dependent children under this subsection shall be divided equally among all the dependent children.
Total maximum dependent children's benefits shall not exceed twenty- Page 6 of 11 BR043100.100 - 431 - XXXX 2/21/2024 3:05 PM Jacketed UNOFFICIAL COPY 24 RS BR 431 five percent (25%) of the member's monthly average pay while the member is living and forty percent (40%) of the disabled member's monthly average pay after the member's death.
Total maximum dependent children's benefits shall not exceed twenty- Page 6 of 11 HB016410.100 - 431 - XXXX 2/21/2024 3:05 PM GA UNOFFICIAL COPY 24 RS HB 164/GA five percent (25%) of the member's monthly average pay while the member is living and forty percent (40%) of the disabled member's monthly average pay after the member's death.
Page 7 of 11 BR043100.100 - 431 - XXXX 2/21/2024 3:05 PM Jacketed UNOFFICIAL COPY 24 RS BR 431 (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 or beneficiary in accordance with this subsection.
Page 7 of 11 HB016410.100 - 431 - XXXX 2/21/2024 3:05 PM GA UNOFFICIAL COPY 24 RS HB 164/GA (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 or beneficiary in accordance with this subsection.
(b) The surviving spouse, provided he or she supersedes all previously designated beneficiaries, may elect to receive a lump-sum payment of ten thousand dollars ($10,000) and a monthly payment equal to seventy-five percent (75%) of the member's monthly average pay beginning in the month following the member's death and continuing each month until the death of the surviving Page 8 of 11 BR043100.100 - 431 - XXXX 2/21/2024 3:05 PM Jacketed UNOFFICIAL COPY 24 RS BR 431 spouse;
(b) The surviving spouse, provided he or she supersedes all previously designated beneficiaries, may elect to receive a lump-sum payment of ten thousand dollars ($10,000) and a monthly payment equal to seventy-five percent (75%) of the member's monthly average pay beginning in the month following the member's death and continuing each month until the death of the surviving Page 8 of 11 HB016410.100 - 431 - XXXX 2/21/2024 3:05 PM GA UNOFFICIAL COPY 24 RS HB 164/GA spouse;
(3) If a member dies as a direct result of an act in line of duty as defined in KRS 78.510 and the member has on file in the retirement office at the time of his or her death a written designation of only one (1) beneficiary other than his or her spouse who has not been superseded by the surviving spouse as provided by subsection (1)(a) of Page 9 of 11 BR043100.100 - 431 - XXXX 2/21/2024 3:05 PM Jacketed UNOFFICIAL COPY 24 RS BR 431 this section[, and who is a dependent receiving at least one-half (1/2) of his or her support from the deceased member], the beneficiary may elect to receive a lump- sum payment equal to the member's monthly average pay multiplied by thirty-six (36) months[of ten thousand dollars ($10,000)].
(3) If a member dies as a direct result of an act in line of duty as defined in KRS 78.510 and the member has on file in the retirement office at the time of his or her death a written designation of only one (1) beneficiary other than his or her spouse who has not been superseded by the surviving spouse as provided by subsection (1)(a) of Page 9 of 11 HB016410.100 - 431 - XXXX 2/21/2024 3:05 PM GA UNOFFICIAL COPY 24 RS HB 164/GA this section[, and who is a dependent receiving at least one-half (1/2) of his or her support from the deceased member], the beneficiary may elect to receive a lump- sum payment equal to the member's monthly average pay multiplied by thirty-six (36) months[of ten thousand dollars ($10,000)].
(d) If the surviving spouse or beneficiary has been paid more than the amount of Page 10 of 11 BR043100.100 - 431 - XXXX 2/21/2024 3:05 PM Jacketed UNOFFICIAL COPY 24 RS BR 431 benefits which the surviving spouse or beneficiary was entitled to receive under this section, the system shall deduct the amount overpaid to the surviving spouse or beneficiary from any[the ten thousand dollars ($10,000)] lump-sum payment provided by this section and from the monthly retirement allowance payments until the amount owed to the systems has been recovered.
(d) If the surviving spouse or beneficiary has been paid more than the amount of Page 10 of 11 HB016410.100 - 431 - XXXX 2/21/2024 3:05 PM GA UNOFFICIAL COPY 24 RS HB 164/GA benefits which the surviving spouse or beneficiary was entitled to receive under this section, the system shall deduct the amount overpaid to the surviving spouse or beneficiary from any[the ten thousand dollars ($10,000)] lump-sum payment provided by this section and from the monthly retirement allowance payments until the amount owed to the systems has been recovered.
Page 11 of 11 BR043100.100 - 431 - XXXX 2/21/2024 3:05 PM Jacketed
Page 11 of 11 HB016410.100 - 431 - XXXX 2/21/2024 3:05 PM GA
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How this bill changes current law

3 changes Share ↗

Compared against the Kentucky Revised Statutes as published AI-generated reading aid — verify against the official bill.

The bill amends the death benefits structure for surviving spouses and beneficiaries of members who die in the line of duty.

  • KRS 16.601

    of ten thousand dollars ($10,000) → equal to the member's monthly average pay multiplied by thirty-six (36) months

    Changes the lump-sum payment available to a designated beneficiary to a calculation based on the member's average monthly pay over three years instead of a fixed amount.

  • KRS 16.601

    ten thousand dollars ($10,000)

    Removes the fixed lump-sum payment amount when a beneficiary elects a different calculation method.

  • KRS 16.601

    Payments made to the dependent children under this subsection shall be divided equally among all the dependent children.

    Retains the existing provision for equal distribution among dependent children.

Action History

  1. to State & Local Government (S)

  2. to Committee on Committees (S)

  3. received in Senate

  4. 3rd reading, passed 95-0

  5. posted for passage in the Regular Orders of the Day for Wednesday, February 21, 2024

  6. 2nd reading, to Rules

  7. reported favorably, 1st reading, to Calendar

  8. to State Government (H)

  9. to Committee on Committees (H)

  10. introduced in House

Sponsors

Sponsorship breakdown

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8 sponsors · 0 co-sponsors · 130 not signed on

Sponsors (8)

Co-sponsors (0)

None.

Not signed on (130)

130 members have not signed on to this bill.

Show all 130 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Pass

Passed 95 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 15000
Republican 69003
Unaffiliated 11000
Total 95003
% of votes cast 97%0%0%3%
How each member voted (98)
Member Party Vote
Heath — Yea
Dixon — Yea
Bentley — Yea
Palumbo — Yea
Justice — Yea
Timoney — Yea
Pratt — Yea
Raymond — Yea
Graham — Yea
Bratcher K. — Yea
Stevenson C — Yea
Adrielle Camuel Democrat Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
Beverly Chester-Burton Democrat Yea
Chad Aull Democrat Yea
Daniel Grossberg Democrat Yea
George Brown Jr. Democrat Yea
Keturah J. Herron Democrat Yea
Lindsey Burke Democrat Yea
Lisa Willner Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Rachel Roarx Democrat Yea
Sarah Stalker Democrat Yea
Tina Bojanowski Democrat Yea
Adam Bowling Republican Yea
Amy Neighbors Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Candy Massaroni Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Not Voting
Daniel Fister Republican Yea
David Hale Republican Not Voting
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Emily Callaway Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jared Bauman Republican Yea
Jason Nemes Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
John Hodgson Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kevin Jackson Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Marianne Proctor Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Meredith Republican Yea
Michael Sarge Pollock Republican Yea
Mike Clines Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Nick Wilson Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Rebecca Raymer Republican Yea
Richard White Republican Yea
Robert Duvall Republican Yea
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Stephanie Dietz Republican Yea
Steve Bratcher Republican Yea
Steve Rawlings Republican Yea
Steve Riley Republican Yea
Steven Doan Republican Yea
Steven Rudy Republican Yea
Susan Witten Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
Timmy Truett Republican Yea
Tom Smith Republican Yea
Wade Williams Republican Yea
Walker Thomas Republican Yea
William Lawrence Republican Not Voting

Official roll call →

Subjects

public-safety veterans labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 164 do?
Amend KRS 16.601, 61.621, and 78.5534 to increase minimum line of duty death benefits to a non-spouse beneficiary of a Kentucky Employees Retirement System, County Employees Retirement System, or State Police Retirement System member who was working in an approved hazardous duty position or in a position that could be approved as hazardous duty for retirement purposes; specify the minimum payment to the non-spouse beneficiary shall only be payable if there is no surviving spouse beneficiary and shall be a minimum of a lump-sum payment equal to 36 months of the member's monthly rate of pay; provide that the non-spouse beneficiary may elect the minimum lump-sum payment or any other benefits the non-spouse beneficiary is eligible to receive upon the member's death, but not both.
Who sponsors HB 164?
HB 164 is sponsored by Susan Witten (Republican), David W. Osborne (Republican), Jared Bauman (Republican), Emily Callaway (Republican), Derek Lewis (Republican), R. Palumbo, Rachel Roarx (Democrat), and Wade Williams (Republican).
What is the current status of HB 164?
This bill died with 2024 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 164?
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