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All of the benefit information below has been complied by COPS, a support group for police survivors.
Rev. 09/04
STATE OF KENTUCKY
DEATH BENEFITS
To obtain certified copies of registered personal documents, contact Vital Records, 275 E.
Main Street, Frankfort, KY 40621, phone (502) 564-4212.
Claims for benefits from the Commonwealth of Kentucky should be made to the Office of the
Secretary, Justice Cabinet Death Benefits Claim Adjuster, Commonwealth Credit Union
Building, 417 High Street, 3rd Floor, Frankfort, KY 40601.
STATE DEATH BENEFITS
K.R.S. 61-315
1. Mandatory if death is direct result of act in the line of duty.
2. Covers all "police officers"
a. "Police Officer" - Every paid police officer, sheriff, or deputy
sheriff, or any auxiliary police officer appointed pursuant to KRS
95.445, elected to office or employed by any county, airport
board created pursuant to KRS Chapter 183, or city or by the state.
3. Lump sum payment of $25,000 (from State Treasurer).
a. To surviving spouse, if no surviving child.
b. If no surviving spouse, then to surviving children equally under 18
years old.
c. If only surviving children over 18 years old:
1. $10,000 to surviving children equally
2. Hold $15,000 in trust equally until 18
d. If no surviving children, then equally to parents.
4. Payment in addition to any retirement/benefit fund benefits.
K.R.S. 346.155
1. Discretionary payment if killed in the line of duty.
2. Covers only those officers in cities, counties, and urban counties who
are ineligible for death benefits under pension plan.
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3. Lump sum to family of $25,000 (From Crime Victims Comp. Bd.)
4. For those killed after 1/1/86.
95.570 FUNERAL BENEFIT
When an active or retired member of the police or fire department, in cities of the third class,
dies under the conditions set out in paragraph (c) of subsection (1) of KRS 95.550, the board
of trustees of the pension fund may pay from the fund to the widow, widower or family a sum
of not more than two hundred dollars ($200) for funeral expenses.
STATE PENSION BENEFITS
Kentucky cities are classified into five classes with different statutes affecting them. There
are also three separate retirement systems in Kentucky: Kentucky Employees' Retirement
System, County Employees Retirement System, and the State Police Retirement System that
covers police officers. Contact the Benefits Assistance Officer in your department.
In April 2002, the Governor signed HB438 which amended KRS 61.621 to allow surviving
spouses of members killed by a duty-related injury to continue receiving a retirement
allowance even if they remarry; and amended KRS16.601 to allow surviving spouses of
hazardous duty members killed in the line of duty to continue receiving a retirement
allowance even if they remarry.
61.315. BENEFITS PAYABLE ON DEATH OF CERTAIN PEACE
OFFICERS, FIREFIGHTERS, AND MEMBERS OF THE KENTUCKY
NATIONAL GUARD - ADMINISTRATIVE REGULATIONS - FUNDS
ALLOTTED TO A SELF-INSURING ACCOUNT
(1) As used in this section, "police officer" means every paid police officer,
sheriff, any auxiliary police officer, appointed pursuant to KRS 95.445,
or any citation or safety officer appointed pursuant to KRS 83A.087 and
83A.088, elected to office, or employed by any county, airport board
created pursuant to KRS Chapter 183, city, or by the state.
(2) The spouse of any police officer, sheriff, deputy sheriff, any auxiliary
police officer appointed pursuant to KRS 83A.087 and 83A.088,
firefighter or member of the Kentucky National Guard or state active
duty pursuant to KRS 38.030, whose death occurs on or after July 1,
1991, as a direct result of an act in the line of duty shall receive a
lump-sum payment of fifty thousand dollars ($50,000) if there are no
surviving children, which sum shall be paid by the State Treasurer from
the general expenditure fund of the State Treasury. If there is no
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surviving spouse, the payment shall be made to the surviving children,
eighteen (18) or more years of age. For surviving children less than 18
years of age, the State Treasurer shall:
(a) Pay twenty thousand dollars ($20,000) to the surviving children;
and
(b) Hold $30,000 in trust divided into equal accounts at appropriate
interest rates for each surviving child until the child reaches the
age of eighteen years. If child dies before reaching the age of
eighteen (18) years, his account shall be paid to his estate. If there
are no surviving children, the payment shall be made to any
parents of the deceased.
(3) The benefits payable under this section shall be in addition to any
benefits now or hereafter prescribed under any police, sheriff,
firefighter's or National Guard retirement or benefit fund established by
the federal government or by any state, county or any municipality.
61.705 DEATH BENEFIT - DESIGNATION BENEFICIARY
Upon the death of a retired member of the Kentucky employees retirement system, county
employees retirement system, or state police retirement system who had a minimum of fortyeight
(48) months of service, a death benefit of two thousand five hundred dollars ($2,500)
shall be paid. Application for the death benefit made to the Kentucky retirement systems shall
include acceptable evidence of death and of the eligibility of the applicant to act on the
deceased retired member's behalf.
CITY POLICE AND FIRE DEPARTMENTS
Cities of the first class, cities of the second class, cities of the third class, cities of the
fourth class, cities of the fifth class.
The legislative body in a city of the first class shall issue the appropriate order, pursuant to
KRS 78.530(1), directing participation for policemen in the county employees retirement
system. All new employees who would have been granted membership in the local
policemen's pension system shall be members of the county employees retirement system. All
active members of the local policemen's pension system at the time of transition to members
of the local policemen's pension system at the time of transition to the county employees
retirement system may choose membership in the county employees retirement system or
may retain membership in the local system. The city shall elect the alternate participation
plan, pursuant to KRS 78.530(3), for policemen who transfer to the county employees
retirement system pursuant to this section shall be granted hazardous duty coverage, and the
city may, at its option, purchase accumulated sick leave for each policeman upon retirement
pursuant to KRS 78.616.
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95.624 PENSIONS - SURVIVOR'S BENEFITS -
INCREASE IN BENEFITS
If any member of the police or fire department is killed or dies as the result of an injury
received in the performance of duty, or dies of any disease contracted by reason of his
occupation, or dies while in service from any cause as a result of his service in the department,
or dies in service or while on retired list from any cause after one (1) year of service in the
department and leaves a widow or a child under eighteen (18) years of age, the board of
trustees shall order a pension paid to the widow of one-half (1/2) of salary per month and
for each child until it reaches the age of eighteen (18) years, twenty-four ($24) per month. If
the deceased member was unmarried and childless, a pension shall be paid to his dependent
father and mother of one-fourth (1/4) of salary per month. If one (1) parent is dead, the
other shall receive the entire one-fourth (1/4) salary.
In order to adjust retirement benefits to the purchasing power of the dollar, the board may
annually order an increase in benefits paid pursuant to this section. The board may order an
increase in benefits by any amount up to the increase in the consumer price index calculated
pursuant to KRS 64.527, but in no case shall the annual increase exceed five percent (5%).
95.860 DEATH OF MEMBER DUE TO OCCUPATIONAL CAUSES -
BENEFITS TO SURVIVING WIDOW, MINOR CHILDREN, PARENTS -
REDUCTION OF SURVIVOR BENEFITS - COST-OF-LIVING
INCREASES
(1) Upon the death of a member due to occupational causes, regardless of
length of service, his surviving widow shall be entitled immediately
upon cessation of salary or annuity, as the case may be, to an annuity
equal to fifty percent (50%) of the member's last rate of salary. This
annuity shall be payable until he/she dies. No surviving
widow shall receive an annuity of less than one hundred and fifty
dollars ($150) per month. When Social Security benefits are increased,
the minimum shall be increased by a like percentage, provided the
increase shall not exceed five percent (5%). In addition, if minor
children under age 18 survive the member, the widow shall receive
twenty-five percent (25%) of the member's last rate of salary until the
last child attains the age of 18. The combined payments to a widow
and minor children, excluding cost-of-living increases, shall not exceed
seventy-five percent (75%) of his final rate of salary.
(2) If a widow does not survive the member, and
minor children under age eighteen (18) exist, the children shall be
entitled to the benefits provided in KRS 95.861(3).
(3) If neither a widow nor minor children eligible for benefits survive the
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member, each dependent parent shall be entitled to an annuity equal to
twenty-five percent (25%) of the member's last rate of salary, or 50%
to both parents.
(4) If a widow would receive from a combination of: (a) survivor benefits
pursuant to this section, excluding benefits for minor children, and
(b) workers' compensation benefits, excluding dependent children's
allowances or payments for medical expenses or legal fees related to the
workers' compensation claim, an amount greater than one hundred
percent (100%) of the deceased member's last rate of salary, then the
pension system survivor benefits shall be reduced to the point that the
combined payments equal one hundred percent (100%) of the last rate
of salary. The survivor benefits shall not be reduced, however, below
an amount equal to two and one-half percent (2 1/2%) of average salary
for each year of the deceased member's service. Any reduction in the
survivor payment shall be based upon workers' compensation benefits
applicable at the time the survivor payment is granted, and not upon
subsequent increases in either benefit. If workers' compensation
benefits are reduced at a subsequent time, the surviving spouse shall
inform the board, and the board shall increase the survivor's benefit by
the amount of reductions, but not by more than an amount which
would increase the survivor's benefit to fifty percent (50%) of last rate of
salary, excluding cost-of-living increases. The board of trustees may pay
an estimated benefit to a surviving spouse upon qualification for the
benefits, based upon an estimate of workers' compensation benefits
until such amounts are actually determined at which time a final
calculation of the spouse's actual benefits shall be determined and the
account compensation benefits are paid in lump sums, the board shall
reduce the survivor benefit on a monthly reduction based upon
the life expectancy of the survivor. The board may request the
assistance of the general manager of Kentucky retirement systems to
calculate the reduction in survivor benefits when lump-sum payments
are involved, and the general manager shall provide such assistance
upon request.
(5) A surviving child or parent receiving benefits pursuant to this section
shall receive the same cost-of-living increase granted to retirees pursuant
to KRS 95.859(3). A surviving spouse who does not receive an increase
pursuant to subsection (1) of this section shall receive the same increase
an annuitant receives pursuant to KR 95.859(3).
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95.865. DEATH OF MEMBER - NO WIDOW'S OR CHILDREN'S
ANNUITIES PAYABLE - BENEFIT TO DESIGNATED BENEFICIARY
(1) Upon death of a member occurring while in active service, if no widow's
annuity or children's annuities are payable, the designated beneficiary of the
member or his estate shall be entitled to a death benefit equal to the total
contributions made by the member, including those employee contributions
picked up by the employer pursuant to KRS 65.155, without interest, or three
hundred dollars ($300), whichever is greater.
EDUCATION BENEFIT
164.2841. FREE TUITION AT STATE-SUPPORTED SCHOOL FOR
SURVIVOR OF POLICE OFFICER, FIRE FIGHTER, OR VOLUNTEER
FIREFIGHTER KILLED IN LINE OF DUTY - LIMITATION.
(1) Any person whose parent or any non-married widow or widower whose
spouse was a resident of the Commonwealth of Kentucky upon becoming a
law enforcement officer, firefighter, or volunteer firefighter and who was
killed while in active service or who died as a result of a service-connected
disability shall not be required to pay any matriculation or tuition fee upon
admission to any state-supported university, community college, or
vocational training institution. The provisions of this subsection shall apply
to any firefighter or volunteer firefighter who is killed or dies under the
conditions covered in this subsection on July 1, 1989, or thereafter.
(2) In order to obtain the benefits conferred by subsection (1) of this section, the
parent-child relationship shall be shown by birth certificate, adoption
papers, or other documentary evidence. The parent's or spouse's service
and the cause of death shall be evidenced by certification from the records of
the Kentucky Justice Cabinet, the appropriate city or county law enforcement
agency which employed the deceased, the administrative agency for the fire
department or fire protection district recognized for funding under KRS
95A.262, or the administrative agency having jurisdiction over any paid
firefighters of all counties and cities of all classes.
(3) If one so admitted to a state-supported university, community college, or
vocational training institution under the provisions of this section shall have
obtained a cash scholarship paid or payable to the institution, from whatever
source, the amount of the scholarship shall be applied to the credit of the
applicant in the payment of incidental expenses of his attendance at the
institution, and any balance, if the terms of the scholarship permit, shall
be returned to the applicant.
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POLICE CORPS SCHOLARSHIP FUNDS
The Police Corps is administered by the Office of the Police Corps and Law Enforcement
Education (OPCLEE), within the Office of Justice Programs, US Department of Justice, in
partnership with participating States that have submitted an approved State Plan. Information
can be found at www.ojp.usdoj.gov/opclee.
The Police Corps awards scholarships and reimburses educational expenses to students who
agree to work in a State or local police force for at least four years. Students must pursue an
undergraduate or graduate degree in a course of study which, in the judgment of the State or
local police force to which the participant will be assigned, includes appropriate preparation
for police service. Police Corps funds cover education expenses (including tuition, fees,
books, supplies, transportation, room and board, and miscellaneous expenses) up to $7,500
per academic year, with a limit on total payments to any student of $30,000.
Police Corps scholarship funds are also available to dependent children of law
enforcement officers killed in the line of duty if the death occurred within the state after
that state was approved to participate in the Police Corps program. In Kentucky, the
death must have occurred since April 1997. These scholarships may be applied to any
course of study, without any service or repayment obligation.
Police Corps participants are selected on a competitive basis by each State under regulations
prescribed by OPCLEE.
For more information, contact: Mr. Bill Stewart at the Kentucky Department of
Criminal Justice Training, phone 866-592-6777, fax 859-622-5027, email
William.Stewart@mail.state.ky.us, or http://docjt.jus.state.ky.us/pcorps/.
HEALTH BENEFITS
Varied depending upon police department benefits. Check with your Benefits Assistance
Officer.
WORKERS' COMPENSATION (K.R.S. 342.750)
Workers' Compensation coverage is compulsory for employers in Kentucky; however some
waivers are allowed.
Mandatory payment if death occurs as direct result of work-related injury.
Payment as follows:
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1. Surviving spouse and no surviving children.
a) average weekly wage.
b) Discontinued upon death or remarriage.
2. Surviving spouse and surviving children.
a) Surviving spouse - 45% average weekly wage.
b) Additional 15% for each surviving child until 18 (or 22 or quits college, if
in college).
c) average weekly wage limit.
3. Two years indemnity benefits in one lump sum to surviving spouse if remarries.
4. If no surviving spouse, but surviving children.
a) average weekly wage for one surviving child.
b) average weekly wage for each additional surviving child (divided equally).
c) average weekly wage limit.
5. To each "dependent" parent, 25% average weekly wage until death/independence.
6. To "dependent" brothers, sisters, grandparents, grandchildren - 25% average
weekly wage each such dependent.
a) If more than one of any of above - split 25% equally.
b) Until death/majority/marriage/ or independence.
7. If no Statutory Dependents as above:
a) Lump sum of $10,000 to estate.
b) Reduced by income benefits received.
8. Mandatory reimbursement of burial expenses not to exceed $4,000.
9. Be aware of K.R.S. 95.860 for second class city police officers.
Contact the Kentucky Department of Workers' Claims, Perimeter Park West, Building
C, 1270 Louisville Road, Frankfort, KY 40601, telephone (502) 564-5550.
PERSONAL LIFE POLICY - INTESTATE
Descent and Distribution - Real Estate - Undevised real estate of decedent descends subject
to right of homestead, and subject also to right, if any, of dower or curtesy, to kindred in
following order: (1) To children and/or descendants of deceased children; (2) to parents
equally or all to surviving parent; (3) to brothers and sisters and/or descendants of deceased
brothers and sisters; (4) to surviving spouse; (5) if none aforementioned, one moiety of estate
to paternal and other to maternal kindred, in following order: (6) first, to grandfather and
grandmother equally if both are living; but if one is dead, entire moiety shall go to survivor; if
no grandfather or grandmother; then (7) to uncles and aunts and/or their descendants; if none,
then (8) to great-grandfathers and great-grandmothers, in same manner prescribed for
grandfather and grandmother above; if none, then (9) to brothers and sisters of grandfathers
and grandmothers and their descendants; and so on in other cases without end, passing to
nearest lineal ancestors and their descendants; (10) if there is no such kindred of one of
parents, whole goes to kindred of other. If there is neither paternal nor maternal kindred,
whole goes to kindred of surviving spouse, as if he or she had survived and died entitled to
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estate. (KRS 391.010). Special sections govern disposition of real property acquired with
proceeds of or income from community property. (KRS 391.210 to 391.260)
Descendants of a person who if living would be entitled to inherit, take per stirpes the share of
such deceased ancestor. (KRS 391.040).
Ancestral Estates - When person dies intestate without issue, owning real estate of
inheritance which was gift of either of his parents, such parent, if living, inherits it. (KRS
391.020 1)). If decedent was under 18 and died without issue, having title to real estate
derived by gift, devise, or descent from one of his parents, whole descends to that parent,
and that kindred, as hereinbefore directed; if none, then in like manner to other parent and his
or her kindred; but kindred of one may not be so excluded by kindred of other parent if such
kindred are more remote than grandfather, grandmother, uncles and aunts of intestate and their
descendants. (KRS 391.020(2)).
Personal Estate - Surplus personality of an intestate, left after the payment of funeral
expenses, charges of administration and debts, subject to right, if any, of dower and curtesy, to
same persons to whom real estate of intestate would descend, with these exceptions: (a)
Personal estate of infant is distributed as though he had died after attaining full age; (b) alien
may be distributee of personal estate; (c) personal property or money on hand or in bank up to
$7,500 is exempt from distribution upon application, for surviving spouse, or if none, to
surviving children. (KRS 391.030). Exemption also applies to surviving spouse of person
dying intestate. (KRS391.030(4)). Special sections govern disposition of property that
was created under community property laws of another state. (KRS 391.210).
Surviving Spouse - Rights of surviving spouse to inherit surplus real estate and surplus
personalty are as set forth infra under topic Dower. If decedent left no children, parents, or
brothers or sisters or descendants of deceased brothers or sisters surviving, surviving spouse
takes all real estate. Conviction of felony in connection with taking life of decedent causes
forfeiture of all interest in and to with rights of survivorship or as beneficiary of any insurance
policy. (KRS 381.280). If surviving spouse is alien, certain restrictions apply.
Additional Benefits
Established in 1984, Concerns of Police Survivors, Inc. (COPS), is a national, non-profit
organization that works with law enforcement agencies, police organizations, mental health
professional, and local peer-support organizations to provide assistance to surviving families
of law enforcement officers killed in the line of duty. COPS has become a "lifeline" to police
survivors nationwide.
Contact Kentucky COPS, Mrs. Priscilla Walls, President, 548 Newbury Way, Lexington,
KY 40514, 859-223-6467, email prisandkaley@yahoo.com.
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Southern States Police Benevolent Association, Inc.
The PBA member’s beneficiary will receive their base salary for one if year they are killed
accidentally or intentionally while performing their law enforcement duties (maximum
payout: $60,000). The beneficiary will receive $5,000 if it is not an occupational death or if
you are a retired or reserve member. Any active Southern States PBA member in good
standing and dues current will receive this benefit. Contact: Southern States Police
Benevolent Association, Inc., 1900 Brannan Road, McDonough, GA 30253-4310,
telephone 1-800-233-3506, or visit www.sspba.org.
All of the benefit information above has been complied by COPS, a support group for police survivors.
Contact the National Office of Concerns of Police Survivors, Inc. for additional information, or to support any of COPS' programs.
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