Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
61.315
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
61.315(7) requires the
Department of Military Affairs to promulgate an administrative regulation to
establish the criteria and procedures pertaining to benefits relating to a
National Guard or Reserve Component member's death in the line of duty. This
administrative regulation establishes the procedures applicable to a claimant
who desires to request a hearing concerning a claimant's eligibility for
benefits pertaining to a National Guard or Reserve Component member's death in
the line of duty after July 1, 2002.
Section
1. Definitions.
(1) "Act in the
line of duty":
(a) Means, with respect to a
member of the National Guard or Reserve component with a home of record in
Kentucky:
1. Except as established in
paragraph (b)6. of this subsection, an act or omission to act;
2. A work-related event involving the member;
or
3. An external force upon the
member while the member is engaged in an action or duty for which the member is
obligated or authorized by rule, administrative regulation, condition of
employment or service, or law to perform for the National Guard or Reserve
component; and
(b) Does
not mean:
1. A nonwork-related disease or
condition or a routine work-related disease or condition common to the eligible
member's occupation;
2. Intentional
misconduct of the eligible member;
3. The eligible member's intention to bring
about his or her own death;
4. The
eligible member's willfulness or wanton disregard that brings about his or her
own death;
5. The eligible member's
voluntary intoxication if intoxication is a contributing factor in his or her
own death; or
6. An action or
omission of a beneficiary, which act or omission constitutes a substantial
factor in the death of an eligible member.
(2) "Child" means a natural, adopted, or
posthumously born child or natural, adopted, or posthumously born children,
born of the deceased member, without regard to the deceased member's marital
status.
(3) "Claimant" means a
spouse, child, or parent who files a claim for death benefits pursuant to
KRS
61.315.
(4) "Death as a direct result of an act:
(a)
1.
Means that the antecedent act, omission to act, or event inflicted upon the
eligible member was the substantial factor in the member's death; and
2. Includes, if applicable, circumstances
related to attending National Guard or Reserve Component-related meetings and
events as a representative of the National Guard of Reserve Component,
including travel to and from local, state, or national meetings or events;
and
(b) Does not mean
participation in any sports or athletic event or contest, for the purpose of
fund raising or any other purpose.
(5)"Death in the line of duty" means the
death of an eligible member due to his or her performance of an act in the line
of duty that results in:
(a) Immediate
death;
(b) A traumatic injury,
wound, condition of the body, or disease resulting in death; or
(c) Medical intervention for a condition in
paragraph (b) of this subsection that directly causes death.
(6) "Parent" means a natural or
adoptive parent of the member living at the time of the member's
death.
(7) "Spouse" means the
lawfully wedded husband or wife of the deceased member living at the time of
the member's death, and includes a spouse living apart for any reason from the
member at the time of the member's death or a spouse involved in divorce
proceedings if a final divorce decree has not been entered.
Section 2. Eligibility.
(1) Survivors. Except as established in
subsection (2) of this section, benefits shall be paid to the surviving spouse,
surviving child or children, or both, as established in
KRS
61.315(2).
(2) An action or omission of a beneficiary,
which act or omission constitutes a substantial factor in the death of an
eligible member, shall preclude benefits to that beneficiary
only.
Section 3. Proof of
Relationship. In filing the claim for death benefits, the claimant or
claimant's representative shall submit certification of relationship status by
the member's National Guard or Reserve component Casualty Assistance Officer or
National Guard or Reserve Component personnel directorate.
Section 4. Submission of Claim by Proper
Party.
(1) A death benefit claim shall be
filed with the office of the Executive Director, Management and Administration,
Kentucky Department of Military Affairs, 100 Minuteman Parkway, Frankfort,
Kentucky 40601.
(2) The claim shall
be submitted and executed by the claimant or the claimant's legally designated
representative, including the member's Casualty Assistance Officer or National
Guard or Reserve Component personnel directorate, upon submission of written
proof of that designation.
Section
5. Proof of Death as a Direct Result of an Act in the Line of
Duty. The claimant shall provide proof of death of the eligible employee as a
direct result of an act in the line of duty by providing:
(1) The appropriate U.S. Department of
Defense military component DD Form 1300, Report of Casualty; or
(2) For a death in State Active Duty status,
the Serious Incident Report (SIR) or a similar document, filed by the Joint
Operations Center or a similar agency, documenting to the National Guard Bureau
the circumstances of the guardsman's death.
Section 6. Certification of Payment of
Benefits. Upon certification of survivorship rights to the State Death Benefit,
the sum authorized by
KRS
61.315(2) shall be paid in
check by the state treasurer from the general expenditure fund of the state
treasury, as required by
KRS
61.315(2) and the treasurer
shall transmit the check to the department's administrator for payment to the
eligible survivor or survivors.
Section
7. False and Fraudulent Statements. A person who knowingly or
willfully makes any false or fraudulent statement or representation in any
record or report to the department under KRS Chapter 61.315 or this
administrative regulation shall cause the survivors to become ineligible for
further funds, and those survivors may be responsible for the return to the
state treasury of those funds that were received through these false or
fraudulent statements or representations.
Section 8. Right of Review. If a death occurs
after twelve (12) months and is believed to be related to the definitions
established in Section 1(1), (4), or (5) of this administrative regulation, the
department shall have the right of review to determine if the death constitutes
death in the line of duty.
Section
9. Appeals.
(1) If the executive
director or the executive director's designated representative finds the
claimant ineligible for a death benefit, the executive director shall notify
the claimant in writing at claimant's last known address of the disposition and
shall set forth findings of fact and conclusions of law supporting the
decision, as well as claimant's right to a hearing and review by the Adjutant
General of Kentucky.
(2) A decision
of the department negatively affecting the eligibility of a survivor to be a
recipient of the fund shall not be final until the survivor shall have been
afforded an opportunity to be heard on the matter.
Section 10. Incorporation by Reference.
(1) "Report of Casualty", DD Form 1300,
February 2011, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Department of Military
Affairs, Division of Administrative Services, 100 Minuteman Parkway, Boone
National Guard Center, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m.
to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
61.315(7)
