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48-269. Death benefits; computation; beneficiaries. Whenever a member is entitled to death benefits under this act:

(a) The member's estate shall be paid an amount equal to:

(1) Any reimbursement due the deceased under this act;

(2) the accrued pay and allowances of the deceased; and

(3) the amount of actual funeral expenses of the deceased not to exceed $3,500.

(b) The member's surviving spouse shall be paid a monthly compensation equal to $850 plus 12.5% of the monthly basic pay that the deceased member would be entitled to under K.S.A. 48-225, and amendments thereto, if such member were called to active duty by the governor at the time entitlement under this act accrued, until the surviving spouse dies or remarries.

(c) If a member's surviving spouse remarries, the surviving child or children under 18 years of age, or under 21 years of age and unmarried and still in school, shall be entitled to compensation as follows:

(1) One such child — $545 per month.

(2) Two such children — $390 per month to each child.

(3) Three such children — $340 per month to each child.

(4) More than three such children — to each child per month an amount determined by dividing the sum of $1,020, plus the product of $198 times the number of such children in excess of three, by the total number of children entitled to compensation.

(d) If a member is not married but is survived by a child or children, such children under 18 years of age, or under 21 years of age and unmarried and still in school, shall be entitled to compensation as specified in subsection (c).

(e) The children entitled to compensation under subsection (c) or (d) shall be the member's surviving children who meet the prescribed conditions on the first day of each calendar month. Compensation payable under subsection (c) or (d) shall be paid to the children or guardian as determined by the military disability board.

(f) If a member is survived by a child or children, such child or children during the period such child is under 22 years of age and is unmarried shall be entitled to attend any postsecondary educational institution as defined in K.S.A. 74-3201b, and amendments thereto, operated by the state or any county, city, school district or other political subdivision without being required to pay tuition or admission fees of any kind if such child is otherwise eligible to enroll in such institution and during the period such child is in good standing.

History: L. 1972, ch. 206, § 9; L. 1973, ch. 215, § 1; L. 2024, ch. 78, § 51; July 1.