Kentucky Administrative Regulations
Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS
Chapter 15 - Death Benefit Claims
Section 501 KAR 15:010 - Definitions for 501 KAR Chapter 15
Universal Citation: 501 KY Admin Regs Service 15:010
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 61.315
NECESSITY, FUNCTION, AND CONFORMITY: KRS 61.315(5) requires the Department of Corrections to promulgate administrative regulations to establish the criteria and procedures applicable to the administration of benefits paid on death of eligible corrections employees who have died in the line of duty. This administrative regulation provides the definition of terms used in 501 KAR Chapter 15.
Section 1. Definitions.
(1) "Act in the line of duty" means, with respect
to an eligible corrections employee:
(a) An act or
omission to act; or
(b) A work-related
event involving the employee; or
(c) An
external force upon the employee while the employee is engaged in an action or duty
for which the employee is obligated or authorized by rule, administrative
regulation, condition of employment or service, or law to perform for corrections.
An employee's act shall not be in the line of duty if his or her the death is caused
by:
1. A nonwork-related disease or condition or a
routine work-related disease or condition common to the eligible employee's
occupation;
2. Intentional misconduct of
the eligible employee;
3. The eligible
employee's intention to bring about his death;
4. The eligible employee's willfulness or wanton
disregard that brings about his or her death;
5. The eligible employee's voluntary intoxication
if intoxication is a contributing factor in his or her death; or
6. If an action or omission of a beneficiary is a
substantial factor in the death of an eligible employee, recovery shall be precluded
as to that beneficiary only.
(2) "Children" means a natural or adopted child,
or child born out of wedlock of the deceased eligible corrections employee who, at
the time of the employee's death, is living or later is born alive.
(3) "Claimant" means a spouse, child, or parent of
a deceased employee who files a claim for death benefits with the Department of
Corrections, pursuant to
KRS
61.315.
(4) "Commissioner" means the Commissioner of the
Department of Corrections.
(5)
"Corrections" means the Department of Corrections.
(6) "Death in the line of duty" means the death of
an eligible employee 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.
(7) "Death as a direct result of an act" means
that the antecedent act, omission to act or event inflicted upon the eligible
corrections employee was the substantial factor in the employee's death.
(8) "Eligible corrections employee" means a
probation and parole officer, assistant supervisor, district supervisor, branch
manager assigned to a probation and parole office, Assistant Director or Director of
the Division of Probation and Parole, and an employee of the department, who at the
time of death, was acting as a peace officer pursuant to KRS 197.037.
(9) "Office of the Commissioner" means the person
designated by the Commissioner of Corrections to receive, process and make
qualifying determinations on claims for benefits to be paid on death of an eligible
employee pursuant to
KRS
61.315.
(10) "Parent" means a natural or adoptive parent
of the eligible corrections employee living at the time of the employee's
death.
(11) "Spouse" means the lawfully
wedded husband or wife of the deceased eligible corrections employee living at the
time of the death, and includes a spouse:
(a)
Living apart from the eligible employee at the time of the death for any reason;
or
(b) Involved in divorce proceedings
if a final divorce decree has not been entered.
STATUTORY AUTHORITY: KRS 61.315(5), 196.035
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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