Kentucky Administrative Regulations
Title 500 - JUSTICE AND PUBLIC SAFETY CABINET
Chapter 1 - Peace Officer Death Benefits
Section 500 KAR 1:010 - Definitions
Universal Citation: 500 KY Admin Regs Service 1:010
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 61.315
NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation provides the definitions of certain terms used in 500 KAR Chapter 1 which pertain to criteria and procedures applicable to the administration of benefits paid on death of police officers who have died in the line of duty, as required by KRS 61.315(4) to be promulgated by the Justice Cabinet.
Section 1. Definitions. The following definitions shall apply in this chapter:
(1) "Secretary" means the Secretary of the Justice
Cabinet.
(2) "Cabinet" means the Justice
Cabinet.
(3) "Police officer" means
every paid police officer, sheriff or deputy sheriff, or any auxiliary police
officer appointed pursuant to
KRS
95.445, or any citation or safety officer
appointed pursuant to KRS Chapter 83A, elected to office or employed by any Kentucky
county or city, or by the state, or by an airport board created pursuant to KRS
Chapter 183, or any member of the Kentucky National Guard on state active duty
pursuant to
KRS
38.030.
(4) "Claimant" means spouse, child or parent who
files a claim for death benefits pursuant to
KRS
61.315 with the Justice Cabinet.
(5) "Spouse" means the lawfully wedded husband or
wife of the deceased police officer living at the time of the officer's death, and
includes a spouse living apart from the officer at the time of the officer's death
for any reason or a spouse involved in divorce proceedings if a final divorce decree
has not been entered.
(6) "Children"
means any natural, adopted or posthumous child or child born out of wedlock of the
deceased police officer who, at the time of the officer's death is living or later
is born alive.
(7) "Parent" means a
natural or adoptive parent of the police officer living at the time of the police
officer's death.
(8) "Death as a direct
result of an act" means that the antecedent act, omission to act or event inflicted
upon the police officer was the substantial factor in the result of the police
officer's death.
(9) "Death" means the
immediate death of the police officer from an act in the line of duty that resulted
in his death, as well as a traumatic injury, wound, condition of the body or disease
resulting therefrom or medical attention therefor that directly causes the death of
the office.
(10) "Act in the line of
duty" means an act or omission to act by the police officer or event involving the
police officer or external force upon the police officer while the officer is
engaged in any action or duty which the officer is obligated or authorized by rule,
administrative regulation, condition of employment or service, or law to perform for
the public agency or office the police officer serves. Specifically, an act is not
in the line of duty if the death was caused by:
(a) A nonwork-related disease or condition or a
routine work-related disease or condition common to the officer's
occupation;
(b) Intentional misconduct
of the police officer;
(c) The police
officer's intention to bring about his death;
(d) The police officer's willfulness or wanton
disregard that brings about his death;
(e) Voluntary intoxication of the police officer
which is a contributing factor of the death; or
(f) If the actions or omissions of the beneficiary
was a substantial factor in the death of the police officer, recovery being
precluded as to that beneficiary only.
(11) "Office of the Secretary" as used herein
means the person designated by the secretary of the cabinet to receive, process and
make eligibility determinations on claims for benefits to be paid on death of a
police officer pursuant to
KRS
61.315. The address of the Office of the Secretary
for filing claims is: Assistant General Counsel, Justice and Public Safety Cabinet,
Office of Legal Services, Department of Criminal Justice Training, Funderburk
Building, 521 Lancaster Avenue, Richmond, Kentucky 40475-3102.
STATUTORY AUTHORITY: KRS 61.315(4)
Disclaimer: These regulations may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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