Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO:
KRS
16.578,
16.601,
61.640,
78.545
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
61.645(9)(g) authorizes the
Board of Trustees of Kentucky Retirement Systems to promulgate administrative
regulations necessary to carry out the provisions of
KRS
61.515 to
61.705,
16.510
to
16.652,
and
78.520
to
78.852.
KRS
61.645(9)(g) authorizes the
Board of Trustees of Kentucky Retirement Systems to promulgate all
administrative regulations necessary or proper in order to carry out the
provisions of
KRS
61.515 to
61.705,
16.510
to
16.652,
and
78.520
to
78.852.
KRS
16.578,
16.601
and
61.640
provide for the payment of certain benefits upon the death of a member prior to
retirement. This administrative regulation establishes the procedures for
issuance of benefits if death occurs prior to retirement.
Section 1.
(1) After learning of the death of a member
prior to retirement, the retirement system shall contact the named beneficiary
or estate of the deceased member.
(2) The retirement system shall require
completion of:
(a) Form 6810, Certification of
Beneficiary, if the beneficiary is eligible for monthly payments; or
(b) Form 6825, Refund of Deceased Member's
Account, if the beneficiary is eligible only for a refund of the member's
account.
Section
2. The following information shall be required before benefits
shall be paid:
(1) A copy of the death
certificate for the member;
(2) If
a beneficiary is deceased, a copy of the death certificate for the
beneficiary;
(3)
(a) If a beneficiary or dependent child is a
minor, a copy of the minor's birth verification, and a Form 6110, Affidavit of
Authorization to Receive Funds on Behalf of Minor. If the minor child has a
court appointed guardian or conservator and the court appointed guardian or
conservator completed the Form 6110, Affidavit of Authorization to Receive
Funds on Behalf of Minor, the guardian or conservator shall submit a copy of
the court order appointing the guardian or conservator; and
(b) If benefits are payable to dependent
children as defined in
KRS
16.505(17), the parent or
guardian shall provide:
1. A completed Form
6456, Designation of Dependent Child;
2. If applicable, for each child age eighteen
(18) years or over, verification of full-time student status, which shall be
filed with the retirement office for each semester of study within thirty (30)
days following the start and within thirty (30) days following the end of each
semester; and
3. If applicable,
notice of:
a. The death of a dependent
child;
b. The marriage of a
dependent child; or
c. A dependent
child over the age of eighteen (18) years who ceases to be a full-time
student.
(4) If the beneficiary is the surviving
spouse of the deceased member and the spouse elects a direct rollover or direct
payment of an actuarial refund, refund of contributions, or sixty (60) months
certain option, a Form 6025, Direct Rollover/Direct Payment Election Form for a
Member or a Spouse Beneficiary of an Eligible Rollover Distribution;
(5) If the beneficiary is not the surviving
spouse of the deceased member and the nonspouse beneficiary elects a direct
rollover or direct payment of an actuarial refund, refund of contributions, or
sixty (60) months certain option, a Form 6026, Direct Rollover/Direct Payment
Election Form for a Non-spouse Beneficiary of an Eligible Rollover
Distribution;
(6) If a beneficiary
is divorced from the member, a copy of the divorce decree;
(7) If monthly benefits are available to the
beneficiary, copies of the birth verifications of the member and the
beneficiary; and
(8) If an estate
is beneficiary, a copy of the court order appointing the executor,
administrator, or personal representative of the estate, or the court order
dispensing with formal administration of the estate.
Section 3. If the death certificate shows the
cause of death to be homicide or the subject of a pending investigation, the
retirement office may require additional evidence relating to the cause of
death or investigations and arrests by law enforcement agencies and may delay
benefits until the cause of death is fully explained.
Section 4.
(1) Upon receipt of the death certificate and
other applicable documents, the retirement office shall provide to the
beneficiary the monthly payment options available on the Form 6010, Estimated
Retirement Allowance.
(2)
(a) If multiple beneficiaries are named, the
retirement system shall provide the Form 6010, Estimated Retirement Allowance,
to the first named beneficiary on the member's beneficiary designation
form.
(b) The additional
beneficiaries shall be provided a Form 6011, Retirement Monthly Payment
Options.
(c) The first named
beneficiary shall be responsible for obtaining the signatures of the multiple
beneficiaries on the Form 6010, Estimated Retirement Allowance, and returning
the completed Form 6010, Estimated Retirement Allowance, to the retirement
office.
(d) The multiple
beneficiaries shall return all necessary documents, shall select the same
payment option, and sign and return the Form 6010, Estimated Retirement
Allowance. The Form 6010, Estimated Retirement Allowance, shall be returned to
the retirement system before benefit payments commence.
(3) Upon receipt of Form 6825, Refund of
Deceased Member's Account, and other applicable beneficiary documents, the
retirement system shall process a refund of the member's accumulated
contributions and interest to the beneficiary.
(4) If the member died in the same month as
the member's effective retirement date but before the first retirement
allowance payment has been issued by the State Treasurer, the beneficiary shall
also be offered the benefits payable to a beneficiary pursuant to the option
the member selected.
Section
5. A payment shall not be made until all information, documents,
and forms required by the retirement system are received.
Section 6. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) Form 6810, "Certification of
Beneficiary", 5/08;
(b) Form 6010,
"Estimated Retirement Allowance", 7/04;
(c) Form 6110, "Affidavit of Authorization to
Receive Funds on Behalf of Minor", 5/03;
(d) Form 6456, "Designation of Dependent
Child", 7/04;
(e) Form 6825,
"Refund of Deceased Member's Account", 5/08;
(f) Form 6011, "Retirement Monthly Payment
Options", 7/02);
(g) Form 6025,
"Direct Rollover/Direct Payment Election Form for a Member or a Spouse
Beneficiary of an Eligible Rollover Distribution", 5/08; and
(h) Form 6026, "Direct Rollover/Direct
Payment Election Form for a Non-Spouse Beneficiary of an Eligible Rollover
Distribution", 5/08.
(2)
This material may be inspected, copied, or obtained, subject to applicable
copyright law, at the Kentucky Retirement Systems, Perimeter Park West, 1260
Louisville Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to
4:30 p.m.
18 Ky.R. 928; eff.
11-8-91; Am. 19 Ky.R. 967; 1337; eff. 12-9-92; 21 Ky.R. 1520; eff. 2-8-95; 27
Ky.R. 1046; 1442; eff. 12-21-2000; 29 Ky.R. 764; 1248; eff. 11-12-02; 34 Ky.R.
115; 541; eff. 10-5-2007; 35 Ky.R. 105; eff. 10-3-08; Crt eff.
1-29-2020.
STATUTORY AUTHORITY:
KRS
16.578,
61.640,
61.645(9)(g)