Session of 2000
HOUSE BILL No. 2624 By Representatives Sloan and Findley 1-13

9 AN ACT concerning retirement; relating to the Kansas police and fire-
10 men's retirement system; death benefit; amending K.S.A. 1999 Supp.
11 74-4959 and repealing the existing section.
12
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. K.S.A. 1999 Supp. 74-4959 is hereby amended to read as
15 follows: 74-4959. (1) Upon the death from service-connected causes as
16 defined in this act, of an active contributing member prior to retirement,
17 the following benefits shall be payable if a report of the event, in a form
18 acceptable to the board, is filed in the office of the executive secretary of
19 the board within 200 days after the date of the act of duty causing such
20 death and an application for such benefits, in such form and manner as
21 prescribed by the board, is filed in the office of the executive secretary
22 of the board within two years of the date of death, but the board may
23 waive such time limits for a reasonable period if in the judgment of the
24 board the failure to meet these limits was due to lack of knowledge or
25 incapacity:
26 (a) To the member's spouse, if lawfully wedded to the member at the
27 time of the member's death, an annual spouse's benefit equal to 50% of
28 the member's final average salary, which shall accrue from the first day
29 of the month coinciding with or following the member's death and shall
30 end on the first day of the month in which the spouse's death occurs.
31 Commencing on the effective date of this act, any surviving spouse, who
32 was receiving benefits pursuant to this section and who had such benefits
33 terminated by reason of such spouse's remarriage, shall be entitled to
34 once again receive benefits pursuant to this section, except that such
35 surviving spouse shall not be entitled to recover any benefits not received
36 after the termination of benefits by reason of such surviving spouse's
37 remarriage but before the effective date of this act.
38 (b) Subject to the provisions of K.S.A. 1999 Supp. 74-49,123 and
39 amendments thereto, to the member's children under the age of 18 years
40 or under the age of 23 years, if such children are full-time students as
41 provided in K.S.A. 74-49,117 and amendments thereto an annual chil-
42 dren's benefit equal to 10% of the member's final average salary for each
43 such child, which shall accrue from the first day of the month coinciding

2
1 with or following the member's death and shall end on the last day of the
2 month in which such child attains the age of 18 years or dies, whichever
3 occurs earlier or in which such child attains the age of 23 years, if such
4 child is a full-time student as provided in K.S.A. 74-49,117 and amend-
5 ments thereto, except that if there is no eligible spouse, or if upon the
6 death of the spouse there remain one or more children under the age of
7 18 years or under the age of 23 years, if such children are full-time stu-
8 dents as provided in K.S.A. 74-49,117 and amendments thereto, the an-
9 nual spouse's benefit shall be paid in equal shares to such children and
10 each child's share shall end on the last day of the month in which such
11 child attains the age of 18 years or dies, whichever occurs earlier or in
12 which such child attains the age of 23 years, if such child is a full-time
13 student as provided in K.S.A. 74-49,117 and amendments thereto. Com-
14 mencing on the effective date of this act, any child who was receiving
15 benefits pursuant to this section and who had such benefits terminated
16 by reason of such child's marriage, shall be entitled to once again receive
17 benefits pursuant to this section subject to the limitations contained in
18 this section, except that such child shall not be entitled to recover any
19 benefits not received after the termination of benefits by reason of such
20 child's marriage but before the effective date of this act.
21 (c) In no case shall benefits payable under the provisions of para-
22 graphs (a) and (b) of this subsection (1) exceed 75% of the member's
23 final average salary.
24 (2) Upon the death from causes not service-connected of an active
25 contributing member prior to retirement, the member's spouse, if law-
26 fully wedded to the member at the time of the member's death, shall
27 receive immediately a lump-sum benefit equal to 100% of the member's
28 final average salary and shall be entitled to receive an annual death benefit
29 equal to the member's retirement benefit calculated as if the member
30 had retired on the member's normal retirement date, but based upon the
31 member's final average salary and years of credited service on the date
32 of death but not to exceed the amount of the annual spouse's benefit
33 provided in paragraph (a) of subsection (1). An application for such ben-
34 efits in such form and manner as prescribed by the board must be filed
35 in the office of the executive secretary of the board within two years of
36 the date of death, but the board may waive such time limit for a reason-
37 able period if in the judgment of the board the failure to meet this limit
38 was due to the lack of knowledge or incapacity. On and after July 1, 1993,
39 the annual spouse's benefit under this subsection (2) shall accrue from
40 the first day of the month coinciding with or following the member's
41 death and shall continue until the spouse's death. Commencing on the
42 effective date of this act, any surviving spouse, who was receiving benefits
43 pursuant to this section and who had such benefits terminated by reason

3
1 of such spouse's remarriage, shall be entitled to once again receive ben-
2 efits pursuant to this section, except that such surviving spouse shall not
3 be entitled to recover any benefits not received after the termination of
4 benefits by reason of such surviving spouse's remarriage but before the
5 effective date of this act. If there is no eligible spouse or if after the death
6 of the spouse there remain one or more children of the member under
7 the age of 18 years or one or more children of the member under the
8 age of 23 years, if such children are full-time students as provided in
9 K.S.A. 74-49,117 and amendments thereto, the spouse's benefit shall be
10 payable, subject to the provisions of K.S.A. 1999 Supp. 74-49,123 and
11 amendments thereto, in equal shares to such children and each child's
12 share shall end on the last day of the month in which such child attains
13 the age of 18 years or dies, whichever occurs earlier or in which such
14 child attains the age of 23 years, if such child is a full-time student as
15 provided in K.S.A. 74-49,117 and amendments thereto. Commencing on
16 the effective date of this act, any child who was receiving benefits pur-
17 suant to this section and who had such benefits terminated by reason of
18 such child's marriage, shall be entitled to once again receive benefits
19 pursuant to this section subject to the limitations contained in this section,
20 except that such child shall not be entitled to recover any benefits not
21 received after the termination of benefits by reason of such child's mar-
22 riage but before the effective date of this act.
23 (3) Upon the death of a member prior to retirement, if no benefits
24 are payable under the provisions of subsection (1) or (2), the sum of the
25 following shall be paid to the member's beneficiary: (a) The member's
26 accumulated contributions ~~shall be paid to the member's beneficiary~~; and
27 (b) a lump-sum death benefit in an amount equal to 100% of the member's
28 current annual salary reduced by the sum of the member's accumulated
29 contributions paid as provided by this section.
30 (4) All payments due under this section to a minor shall be made to
31 a legally appointed conservator of such minor as provided in subsection
32 (7) of K.S.A. 74-4902 and amendments thereto.
33 Sec. 2. K.S.A. 1999 Supp. 74-4959 is hereby repealed.
34 Sec. 3. This act shall take effect and be in force from and after its
35 publication in the statute book.