Kentucky Statutes 21.425 – Benefits to surviving or disabled children of members who began participating before January 1, 2014 — Designation of beneficiaries
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(1) In any circumstances in which a surviving spouse would be entitled to any allowance under KRS § 21.420, but there is no surviving spouse or the surviving spouse subsequently dies, and there is a surviving child or children of the member under the age of twenty-one (21), or there is a disabled child or children, the monthly allowance that the surviving spouse would have received or was receiving shall be continued, as follows:
(a) If the member does not have a disabled child or children, the benefit shall continue until there are no children remaining under the age of twenty-one (21); or
(b) If the member has a disabled child or children, the benefit shall continue until the death of the last remaining disabled child.
(2) A member may designate his child or children under the age of twenty-one (21), or his disabled child or children, to receive the death benefit payable under KRS
21.420 instead of his spouse, or he may designate that his spouse shall receive a percentage of the death benefit, and his child or children under the age of twenty- one (21), or his disabled child or children, shall receive the remainder. The member making such a choice shall designate his beneficiary or beneficiaries in writing to the manager of the Judicial Form Retirement System on a form provided by the manager.
(3) For purposes of this section, “disabled” means an individual determined by the
Social Security Administration to be entitled to total disability benefits.
(4) Subsections (1) to (3) of this section shall not apply to a member who begins participating in the Judicial Retirement Plan on or after January 1, 2014.
Effective: July 1, 2013
History: Amended 2013 Ky. Acts ch. 120, sec. 28, effective July 1, 2013. — Amended
2002 Ky. Acts ch. 327, sec. 1, effective July 15, 2002. — Amended 1998 Ky. Acts ch.
389, sec. 2, effective July 15, 1998. — Amended 1982 Ky. Acts ch. 458, sec. 10, effective April 15, 1982. — Amended 1974 Ky. Acts ch. 232, sec. 1; and ch. 386, sec.
4. — Created 1972 Ky. Acts ch. 306, sec. 1.
(a) If the member does not have a disabled child or children, the benefit shall continue until there are no children remaining under the age of twenty-one (21); or
Terms Used In Kentucky Statutes 21.425
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(b) If the member has a disabled child or children, the benefit shall continue until the death of the last remaining disabled child.
(2) A member may designate his child or children under the age of twenty-one (21), or his disabled child or children, to receive the death benefit payable under KRS
21.420 instead of his spouse, or he may designate that his spouse shall receive a percentage of the death benefit, and his child or children under the age of twenty- one (21), or his disabled child or children, shall receive the remainder. The member making such a choice shall designate his beneficiary or beneficiaries in writing to the manager of the Judicial Form Retirement System on a form provided by the manager.
(3) For purposes of this section, “disabled” means an individual determined by the
Social Security Administration to be entitled to total disability benefits.
(4) Subsections (1) to (3) of this section shall not apply to a member who begins participating in the Judicial Retirement Plan on or after January 1, 2014.
Effective: July 1, 2013
History: Amended 2013 Ky. Acts ch. 120, sec. 28, effective July 1, 2013. — Amended
2002 Ky. Acts ch. 327, sec. 1, effective July 15, 2002. — Amended 1998 Ky. Acts ch.
389, sec. 2, effective July 15, 1998. — Amended 1982 Ky. Acts ch. 458, sec. 10, effective April 15, 1982. — Amended 1974 Ky. Acts ch. 232, sec. 1; and ch. 386, sec.
4. — Created 1972 Ky. Acts ch. 306, sec. 1.