(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 hav e 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 mem ber 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.
‹ Prev All Kentucky sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.