Judges: Robert T. Stephan, Attorney General
Filed Date: 7/1/1994
Status: Precedential
Modified Date: 7/5/2016
Meredith Williams Executive Secretary Kansas Public Employees Retirement System Capitol Tower, Suite 200 400 S.W. 8th Topeka, Kansas 66603-3925
Dear Mr. Williams:
As executive secretary for the Kansas public employees retirement system (KPERS), you request our opinion regarding the manner in which the lump-sum death benefit payable under K.S.A. 1993 Supp.
K.S.A. 1993 Supp.
"(a) Upon the death of a retirant, the board of trustees of [KPERS] shall pay a lump-sum death benefit which shall not exceed $4,000 for such retirant, less any amount payable for funeral benefits under the applicable provisions of any local police or fire pension plan, as defined by subsection (c) of K.S.A.
12-5001 and amendments thereto."
The statute does not designate to whom the benefit is to be paid. However, review of the purpose of the benefit provides insight as to who is to receive the benefit.
As originally enacted, the statute authorized the board of trustees of KPERS to pay an amount not exceeding $750 for reasonable funeral and burial expenses for such retirant. L. 1982, ch. 319, sec. 2. The amounts payable for such purposes under the federal social security act or under the applicable provisions of any local police or fire pension plan were to be deducted from the amount payable by KPERS. Id. In 1983, the legislature amended the benefit to a lump-sum death benefit, authorizing the use of the funds for purposes other than reasonable funeral and burial expenses. L. 1983, ch. 254, sec. 18. Although an express purpose for the amendment is not provided, it may have occurred so that the benefits payable under the statute could be used for the purposes other than payment of reasonable funeral and burial expenses.See Earnest v. Ruppenthal,
K.S.A. 1993 Supp.
"Every pension or other benefit received by any special member pursuant to subsection (c) or (d) is hereby made and declared exempt from any tax of the state of Kansas or any political subdivision or taxing body of this state; shall not be subject to execution, garnishment, attachment or any other process or claim whatsoever, except such pension or benefit or accumulated contributions due and owing from the system to such special member are subject to decrees for child support or maintenance, or both, as provided in K.S.A.
60-1610 and amendments thereto; and shall be unassignable, except that within 30 days of the death of a retirant the lump-sum death benefit payable to a retirant pursuant to the provisions of K.S.A.74-4989 and amendments thereto may be assignable to a funeral establishment providing funeral services to such retirant by the beneficiary of such retirant." K.S.A. 1993 Supp.12-5005 (emphasis added).
Similar provisions are provided in K.S.A.
It has been asserted that the lump-sum death benefit payable under K.S.A. 1993 Supp.
Because the lump-sum death benefit payable pursuant to K.S.A. 1993 Supp.
Very truly yours,
ROBERT T. STEPHAN Attorney General of Kansas
Richard D. Smith Assistant Attorney General
RTS:JLM:RDS:jm