§ 2.28.190. Death and survivor benefits in the event of the death of an employee.

(a)

For employees under Plan No. 1 or Plan No. 2, death benefits and survivor's annuities shall be as follows:

(1)

Upon death of an unmarried employee or an employee whose spouse is not qualified for the survivor's benefit provided hereinafter:

(i)

The beneficiary designated by such employee, if such employee leaves no surviving minor child or children, shall receive a death benefit in addition to any death benefits which may be paid under the Kansas Workers Compensation Act. If no beneficiary was named, or if the beneficiary so named does not survive such employee, payment of the benefit shall be made to such employee's estate. Such benefit shall be in an amount equal to one month's salary for each full year of service, but in no event greater than six months' salary. The rate of salary being received at time of death shall be used as the basis for such computation. A person regularly employed and whose salary has ceased, by the expiration of sick leave or for any other reason and who has not resigned, shall be regarded as an employee for purpose of eligibility for this death benefit if death occurs within thirty days after the last salary paid.

(ii)

If such employee has at least seven years service and dies leaving a surviving minor child or children, each such minor child shall be entitled to a benefit of twenty percent of such employee's final average salary. Such benefit shall be paid to the custodial parent or guardian/conservator of each child. In no event shall total payments hereunder on account of minor children exceed sixty percent of such employee's final average salary. In the event such payments would exceed sixty percent of such employee's final average salary, each such benefit shall be reduced prorata.

(2)

Upon the death of a married employee with at least seven years of service:

(i)

The surviving spouse of such employee shall be entitled to receive a benefit equal to fifty percent of the benefit the deceased employee would have received had the employee been on an unreduced retirement at the time of such employee's death. Such benefit shall be payable for the remainder of the natural life of the surviving spouse.

(ii)

The surviving spouse of such employee shall be entitled to the benefit set forth in subsection (a)(2)(i) of this section, subject to reduction as provided below. If such employee leaves a surviving minor child or children, each such child shall be entitled to a benefit of ten percent of such employee's final average salary. Such benefit shall be paid to the custodial parent or guardian/conservator of each such child. In no event shall total payments to a surviving spouse and on account of minor children exceed seventy-five percent of such employee's final average salary. In the event such payments would exceed seventy-five percent of such employee's final average salary, the benefit payable to such employee's surviving spouse shall be reduced so that total payments equal seventy-five percent of such employee's final average salary. At such time that total payments no longer exceed seventy-five percent of such employee's final average salary, the benefit of such surviving spouse shall be increased so that total payments equal seventy-five percent of such employee's final average salary but in no event shall such surviving spouse's benefit be increased to a level greater than fifty percent of such employee's benefit at the time of such employee's death.

(b)

A minor child shall be eligible for the benefit until age eighteen, death or marriage, whichever occurs first.

(c)

An employee participating in the DROP for Plan No. 1 or Plan No. 2 shall for purposes of this section be considered an employee.

(Ord. No. 44-812 § 20)