48-282. Death benefit for death of certain national guard members occurring in combat zone; beneficiaries; rules and regulations.

48-282

Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY
Article 2.--KANSAS ARMY AND AIR NATIONAL GUARD

      48-282.   Death benefit for death of certain nationalguard members occurring in combat zone; beneficiaries; rules andregulations.(a) Subject to the provisions of K.S.A. 48-281, and amendmentsthereto, in additionto any other benefits provided to members of the Kansas army or air nationalguard, the state ofKansas shall provide an aggregate death benefit in the amount of $250,000 tothe beneficiary orbeneficiaries of each member of the Kansas national guard who, on or after theeffective date of thisact and prior to September 1, 2005, dies as a result of federal active duty ina combat area in the lineof duty and for whom a death benefit is not payable pursuant to section 1 ofchapter 207 of the 2005 session laws of Kansas, and amendments thereto. Thedeath benefit provided bythis section shallnot be payable in any such case if such member dies as a result of committingsuicide.

      (b)   The death benefit provided by this section shall be paid from amountsallocated thereforfrom the state emergency fund in accordance with K.S.A. 75-3713b, andamendments thereto.

      (c)   If such member has not designated one or more beneficiaries in accordancewith thepolicies and procedures or rules and regulations adopted by the adjutantgeneral for such deathbenefit, then a death benefit payable for such member's death pursuant to thissection shall be paidinto such member's estate and shall be disbursed or otherwise distributed asprovided by law as partof such estate.

      (d)   For the purpose of carrying out the provisions of this section, theadjutant general shall adopt policies and procedures for the designation of abeneficiary or beneficiaries and forpaymentof the death benefit provided by this section and may adopt rules andregulations to carry out theprovisions of this section.

      History:   L. 2005, ch. 1, § 2 (Special Session); July 21.