40-1707.Authorized uses of moneys received by firefighters reliefassociations; cessation of private fire department, transfer of associationfunds to state firefighters association, inc.(a) Except as otherwise provided in the firefighters reliefact, all moneysreceived by a firefighters relief association under the provisions ofthe firefighters relief actshall be held in trust and used as a fund:
(1) For the relief of any memberof the fire department of such city, township, county or fire districtwhen injured or physically disabled in or by reason of the discharge ofsuch member's duties as a firefighter;
(2) for the payment of a death benefit when any member ofsuch fire department is killed in the discharge of such member'sduties as a firefighter, or whodies from the effect of injuries soreceived or from disease contracted by reason of such member'sduties as a firefighter, to the beneficiary orbeneficiaries as designated bythe member or, in the event that no beneficiary has been designated to receivesuch death benefit, to the following persons in the following priority:
(A) If there is a spouse and there are no natural or adopted childrenof the deceased member, the death benefit shall be for the spouse;
(B) if there are one or more natural or adopted children and spouse ofthe deceased member, 1/2 of the death benefit shall be for the spouse andthe remaining 1/2 of the death benefit shall be for the children, in equalshares thereof;
(C) if there are one or more natural or adopted children and there isno spouse of the deceased member, the death benefit shall be for the children,in equal shares thereof;
(D) if there is a father or mother, or both, and there are no naturalor adopted children and no spouse of the deceased member, the death benefitshall be for the father or mother, or to both in equal shares thereof ifthere are both;
(E) if there are one or more siblings and there is no father or motheror spouse and there are no natural or adopted children of the deceased member,the death benefit shall be for the siblings, in equal shares thereof; and
(F) if there are no siblings, no father or mother, no natural or adoptedchildren and no spouse of the deceased member, the death benefit shall befor the estate of the deceased member;
(3) for the payment of the necessary funeral expenses of anymember of such fire department when killed in the discharge of suchduties as a firefighter, or in the case of death resulting from injuriesso received or disease contracted by reason of such member'sduties as a firefighter;
(4) for the further purpose of paying a pension to members offull-paid fire departments who are unfit for service after having servedfor a period of not less than 20 years with the department, suchpension not to exceed 1/2 of the monthly salary atthe date of retirement; or
(5) for the purchase of insurance which wouldprovide for any or all of the foregoing purposes for which such fund isauthorized to be expended.
(b) In any city of the second class whichmaintains a fire department consisting of both salaried and volunteer firefighters,such moneys may be expended for the purchaseof, or payment ofpremiums on, policies of life, accident, or accident and healthinsurance upon members of the fire department of such city, whichpolicies may be owned either by the firefighters reliefassociation of suchcity or by the individual members thereof but, before any premium ispaid on such policies of insurance, the provisions thereof shall beapproved by such firefighters relief association assuitable to carry outthe objects for which such association was established.
(c) (1) In any firedepartment consisting of volunteer firefighters, suchmoneys may be used toestablish an annuity foreach firefighter who servedfor not less than 20years with such fire department and who attended and foughtnot less than 75% of the fires which were attended by suchfire department during such period of time and which the firefighter wasavailable to attend, as verified by the governing body of such firedepartment, but such annuity shall notexceed the amount paid to fully paid members of fire departments ofcomparable size to such volunteer department. In any full-paid or anyvolunteer fire department such moneys may be expended for the purchaseof group term, group permanent or individual permanent life insurancecontracts for members of such department. Any benefits or coverageaccruing to individual members of the department under such policiesshall be and shall remain the property of the firefighters reliefassociation except as follows:
(A) A member that has completed 10years of service with the department and has been covered under such policyfor a continuous period of not less than five years, a member who suffers atotal and permanent disability or death, or a member whoretires under theretirement plan in effect for the fire department, shall, upontermination of employment, be entitled to any benefits or coverageavailable to an individual member under the provisions of the contract; and
(B) A member that has not fulfilled one of the requirements setforth in paragraph (A) of this subsection (c)(1)shall, upon termination of employment, beentitled to the same proportion of benefits or coverage available to anindividual member as such member's individual premium contributions bear tothe total premiums paid on the policy at the time of termination. Anyadditional coverage or benefits may be obtained by reimbursing the firefightersrelief association an equitable and reasonable amount inaccordance with procedures set forth in the bylaws of the association.
(2) Prior to the purchase of any annuity contract for and on behalf of anyvolunteer firefighter, the provisions thereof shall be approved and theadequacy of the funds available for such purpose shall be established bysuch firefighters relief association.
(d) The moneys paidby the commissioner of insurance to theKansas state firefighters association, inc., as providedin subsection (c) of K.S.A. 40-1706 and amendments thereto, shallbe used by the Kansas statefirefighters association, inc., in accordance with that statuteand as may be regulated by such association in this state at theannual meetings of the Kansas state firefightersassociation, inc., which shall be heldannually at places to be selected by such association within this state.The Kansas state firefighters association, inc., shall make an annual accounting tothe commissioner of insurance of all moneys paid to such association asprovided in K.S.A. 40-1706 and amendments thereto.
(e) In the city of El Dorado, in Butler county, which city has by electionestablished afiremen's pension fund under the provisions of K.S.A. 14-10a01 to14-10a15, inclusive, and amendments thereto, the firefightersrelief association of such city may, when the money and securitiesbelonging to such association exceed$35,000, grant from time to time sums not exceeding 1/2 theearnings of the fund and not exceeding 1/2 the yearly amountreceived from the commissioner of insurance under this act to the cityto be credited to the firemen's pension fund of such city.
(f) Any such firefighters relief association is hereby authorized toloan part or all ofsuch funds to the city, township, county or fire district in which suchassociation is located, to be used by such city, township, county orfire district in the improvement of its fire department and equipmentthereof, and such city, township, county or fire district is herebyauthorized to borrow the same and issue to the treasurer of such firefightersrelief association its warrant therefor bearing interestpayable semiannually, at a rate not to exceed 6% perannum.
(g) The commissioner of insurance is hereby authorized to adopt suchrules and regulations as are necessary to effect the purposes ofthe firefighters reliefact.
(h) All assets of any firefighters relief association,which is composed of members of a private fire department and which has ceasedto provide fire protection services for an incorporated city, township,county or fire district, shall be transferred to and shall become the propertyof the firefighters relief association for the fire departmentwhich is the immediate successor of such private fire department, aftersatisfaction of any outstanding obligations. If thereis no firefighters relief association for the immediately succeeding firedepartment, such assetsshall become the property of theKansas state firefighters association, inc., as of the date such privatefire department ceased to provide such fire protection services, aftersatisfaction of any outstanding obligations. The Kansasstate firefighters association, inc. shall use all such assetsfor fire prevention and fire extinguishment education and study.
History: L. 1927, ch. 231, 40-1707; L. 1929, ch. 201, § 1; L.1941, ch. 257, § 6; L. 1943, ch. 187, § 1; L. 1953, ch. 235, § 1; L.1957, ch. 287, § 7; L. 1974, ch. 188, § 1; L. 1978, ch. 180, §1; L. 1981, ch. 193, § 1; L. 1984, ch. 165, § 8;L. 1987, ch. 168, § 2; July 1.
40-1707.Authorized uses of moneys received by firefighters reliefassociations; cessation of private fire department, transfer of associationfunds to state firefighters association, inc.(a) Except as otherwise provided in the firefighters reliefact, all moneysreceived by a firefighters relief association under the provisions ofthe firefighters relief actshall be held in trust and used as a fund:
(1) For the relief of any memberof the fire department of such city, township, county or fire districtwhen injured or physically disabled in or by reason of the discharge ofsuch member's duties as a firefighter;
(2) for the payment of a death benefit when any member ofsuch fire department is killed in the discharge of such member'sduties as a firefighter, or whodies from the effect of injuries soreceived or from disease contracted by reason of such member'sduties as a firefighter, to the beneficiary orbeneficiaries as designated bythe member or, in the event that no beneficiary has been designated to receivesuch death benefit, to the following persons in the following priority:
(A) If there is a spouse and there are no natural or adopted childrenof the deceased member, the death benefit shall be for the spouse;
(B) if there are one or more natural or adopted children and spouse ofthe deceased member, 1/2 of the death benefit shall be for the spouse andthe remaining 1/2 of the death benefit shall be for the children, in equalshares thereof;
(C) if there are one or more natural or adopted children and there isno spouse of the deceased member, the death benefit shall be for the children,in equal shares thereof;
(D) if there is a father or mother, or both, and there are no naturalor adopted children and no spouse of the deceased member, the death benefitshall be for the father or mother, or to both in equal shares thereof ifthere are both;
(E) if there are one or more siblings and there is no father or motheror spouse and there are no natural or adopted children of the deceased member,the death benefit shall be for the siblings, in equal shares thereof; and
(F) if there are no siblings, no father or mother, no natural or adoptedchildren and no spouse of the deceased member, the death benefit shall befor the estate of the deceased member;
(3) for the payment of the necessary funeral expenses of anymember of such fire department when killed in the discharge of suchduties as a firefighter, or in the case of death resulting from injuriesso received or disease contracted by reason of such member'sduties as a firefighter;
(4) for the further purpose of paying a pension to members offull-paid fire departments who are unfit for service after having servedfor a period of not less than 20 years with the department, suchpension not to exceed 1/2 of the monthly salary atthe date of retirement; or
(5) for the purchase of insurance which wouldprovide for any or all of the foregoing purposes for which such fund isauthorized to be expended.
(b) In any city of the second class whichmaintains a fire department consisting of both salaried and volunteer firefighters,such moneys may be expended for the purchaseof, or payment ofpremiums on, policies of life, accident, or accident and healthinsurance upon members of the fire department of such city, whichpolicies may be owned either by the firefighters reliefassociation of suchcity or by the individual members thereof but, before any premium ispaid on such policies of insurance, the provisions thereof shall beapproved by such firefighters relief association assuitable to carry outthe objects for which such association was established.
(c) (1) In any firedepartment consisting of volunteer firefighters, suchmoneys may be used toestablish an annuity foreach firefighter who servedfor not less than 20years with such fire department and who attended and foughtnot less than 75% of the fires which were attended by suchfire department during such period of time and which the firefighter wasavailable to attend, as verified by the governing body of such firedepartment, but such annuity shall notexceed the amount paid to fully paid members of fire departments ofcomparable size to such volunteer department. In any full-paid or anyvolunteer fire department such moneys may be expended for the purchaseof group term, group permanent or individual permanent life insurancecontracts for members of such department. Any benefits or coverageaccruing to individual members of the department under such policiesshall be and shall remain the property of the firefighters reliefassociation except as follows:
(A) A member that has completed 10years of service with the department and has been covered under such policyfor a continuous period of not less than five years, a member who suffers atotal and permanent disability or death, or a member whoretires under theretirement plan in effect for the fire department, shall, upontermination of employment, be entitled to any benefits or coverageavailable to an individual member under the provisions of the contract; and
(B) A member that has not fulfilled one of the requirements setforth in paragraph (A) of this subsection (c)(1)shall, upon termination of employment, beentitled to the same proportion of benefits or coverage available to anindividual member as such member's individual premium contributions bear tothe total premiums paid on the policy at the time of termination. Anyadditional coverage or benefits may be obtained by reimbursing the firefightersrelief association an equitable and reasonable amount inaccordance with procedures set forth in the bylaws of the association.
(2) Prior to the purchase of any annuity contract for and on behalf of anyvolunteer firefighter, the provisions thereof shall be approved and theadequacy of the funds available for such purpose shall be established bysuch firefighters relief association.
(d) The moneys paidby the commissioner of insurance to theKansas state firefighters association, inc., as providedin subsection (c) of K.S.A. 40-1706 and amendments thereto, shallbe used by the Kansas statefirefighters association, inc., in accordance with that statuteand as may be regulated by such association in this state at theannual meetings of the Kansas state firefightersassociation, inc., which shall be heldannually at places to be selected by such association within this state.The Kansas state firefighters association, inc., shall make an annual accounting tothe commissioner of insurance of all moneys paid to such association asprovided in K.S.A. 40-1706 and amendments thereto.
(e) In the city of El Dorado, in Butler county, which city has by electionestablished afiremen's pension fund under the provisions of K.S.A. 14-10a01 to14-10a15, inclusive, and amendments thereto, the firefightersrelief association of such city may, when the money and securitiesbelonging to such association exceed$35,000, grant from time to time sums not exceeding 1/2 theearnings of the fund and not exceeding 1/2 the yearly amountreceived from the commissioner of insurance under this act to the cityto be credited to the firemen's pension fund of such city.
(f) Any such firefighters relief association is hereby authorized toloan part or all ofsuch funds to the city, township, county or fire district in which suchassociation is located, to be used by such city, township, county orfire district in the improvement of its fire department and equipmentthereof, and such city, township, county or fire district is herebyauthorized to borrow the same and issue to the treasurer of such firefightersrelief association its warrant therefor bearing interestpayable semiannually, at a rate not to exceed 6% perannum.
(g) The commissioner of insurance is hereby authorized to adopt suchrules and regulations as are necessary to effect the purposes ofthe firefighters reliefact.
(h) All assets of any firefighters relief association,which is composed of members of a private fire department and which has ceasedto provide fire protection services for an incorporated city, township,county or fire district, shall be transferred to and shall become the propertyof the firefighters relief association for the fire departmentwhich is the immediate successor of such private fire department, aftersatisfaction of any outstanding obligations. If thereis no firefighters relief association for the immediately succeeding firedepartment, such assetsshall become the property of theKansas state firefighters association, inc., as of the date such privatefire department ceased to provide such fire protection services, aftersatisfaction of any outstanding obligations. The Kansasstate firefighters association, inc. shall use all such assetsfor fire prevention and fire extinguishment education and study.
History: L. 1927, ch. 231, 40-1707; L. 1929, ch. 201, § 1; L.1941, ch. 257, § 6; L. 1943, ch. 187, § 1; L. 1953, ch. 235, § 1; L.1957, ch. 287, § 7; L. 1974, ch. 188, § 1; L. 1978, ch. 180, §1; L. 1981, ch. 193, § 1; L. 1984, ch. 165, § 8;L. 1987, ch. 168, § 2; July 1.
40-1707.Authorized uses of moneys received by firefighters reliefassociations; cessation of private fire department, transfer of associationfunds to state firefighters association, inc.(a) Except as otherwise provided in the firefighters reliefact, all moneysreceived by a firefighters relief association under the provisions ofthe firefighters relief actshall be held in trust and used as a fund:
(1) For the relief of any memberof the fire department of such city, township, county or fire districtwhen injured or physically disabled in or by reason of the discharge ofsuch member's duties as a firefighter;
(2) for the payment of a death benefit when any member ofsuch fire department is killed in the discharge of such member'sduties as a firefighter, or whodies from the effect of injuries soreceived or from disease contracted by reason of such member'sduties as a firefighter, to the beneficiary orbeneficiaries as designated bythe member or, in the event that no beneficiary has been designated to receivesuch death benefit, to the following persons in the following priority:
(A) If there is a spouse and there are no natural or adopted childrenof the deceased member, the death benefit shall be for the spouse;
(B) if there are one or more natural or adopted children and spouse ofthe deceased member, 1/2 of the death benefit shall be for the spouse andthe remaining 1/2 of the death benefit shall be for the children, in equalshares thereof;
(C) if there are one or more natural or adopted children and there isno spouse of the deceased member, the death benefit shall be for the children,in equal shares thereof;
(D) if there is a father or mother, or both, and there are no naturalor adopted children and no spouse of the deceased member, the death benefitshall be for the father or mother, or to both in equal shares thereof ifthere are both;
(E) if there are one or more siblings and there is no father or motheror spouse and there are no natural or adopted children of the deceased member,the death benefit shall be for the siblings, in equal shares thereof; and
(F) if there are no siblings, no father or mother, no natural or adoptedchildren and no spouse of the deceased member, the death benefit shall befor the estate of the deceased member;
(3) for the payment of the necessary funeral expenses of anymember of such fire department when killed in the discharge of suchduties as a firefighter, or in the case of death resulting from injuriesso received or disease contracted by reason of such member'sduties as a firefighter;
(4) for the further purpose of paying a pension to members offull-paid fire departments who are unfit for service after having servedfor a period of not less than 20 years with the department, suchpension not to exceed 1/2 of the monthly salary atthe date of retirement; or
(5) for the purchase of insurance which wouldprovide for any or all of the foregoing purposes for which such fund isauthorized to be expended.
(b) In any city of the second class whichmaintains a fire department consisting of both salaried and volunteer firefighters,such moneys may be expended for the purchaseof, or payment ofpremiums on, policies of life, accident, or accident and healthinsurance upon members of the fire department of such city, whichpolicies may be owned either by the firefighters reliefassociation of suchcity or by the individual members thereof but, before any premium ispaid on such policies of insurance, the provisions thereof shall beapproved by such firefighters relief association assuitable to carry outthe objects for which such association was established.
(c) (1) In any firedepartment consisting of volunteer firefighters, suchmoneys may be used toestablish an annuity foreach firefighter who servedfor not less than 20years with such fire department and who attended and foughtnot less than 75% of the fires which were attended by suchfire department during such period of time and which the firefighter wasavailable to attend, as verified by the governing body of such firedepartment, but such annuity shall notexceed the amount paid to fully paid members of fire departments ofcomparable size to such volunteer department. In any full-paid or anyvolunteer fire department such moneys may be expended for the purchaseof group term, group permanent or individual permanent life insurancecontracts for members of such department. Any benefits or coverageaccruing to individual members of the department under such policiesshall be and shall remain the property of the firefighters reliefassociation except as follows:
(A) A member that has completed 10years of service with the department and has been covered under such policyfor a continuous period of not less than five years, a member who suffers atotal and permanent disability or death, or a member whoretires under theretirement plan in effect for the fire department, shall, upontermination of employment, be entitled to any benefits or coverageavailable to an individual member under the provisions of the contract; and
(B) A member that has not fulfilled one of the requirements setforth in paragraph (A) of this subsection (c)(1)shall, upon termination of employment, beentitled to the same proportion of benefits or coverage available to anindividual member as such member's individual premium contributions bear tothe total premiums paid on the policy at the time of termination. Anyadditional coverage or benefits may be obtained by reimbursing the firefightersrelief association an equitable and reasonable amount inaccordance with procedures set forth in the bylaws of the association.
(2) Prior to the purchase of any annuity contract for and on behalf of anyvolunteer firefighter, the provisions thereof shall be approved and theadequacy of the funds available for such purpose shall be established bysuch firefighters relief association.
(d) The moneys paidby the commissioner of insurance to theKansas state firefighters association, inc., as providedin subsection (c) of K.S.A. 40-1706 and amendments thereto, shallbe used by the Kansas statefirefighters association, inc., in accordance with that statuteand as may be regulated by such association in this state at theannual meetings of the Kansas state firefightersassociation, inc., which shall be heldannually at places to be selected by such association within this state.The Kansas state firefighters association, inc., shall make an annual accounting tothe commissioner of insurance of all moneys paid to such association asprovided in K.S.A. 40-1706 and amendments thereto.
(e) In the city of El Dorado, in Butler county, which city has by electionestablished afiremen's pension fund under the provisions of K.S.A. 14-10a01 to14-10a15, inclusive, and amendments thereto, the firefightersrelief association of such city may, when the money and securitiesbelonging to such association exceed$35,000, grant from time to time sums not exceeding 1/2 theearnings of the fund and not exceeding 1/2 the yearly amountreceived from the commissioner of insurance under this act to the cityto be credited to the firemen's pension fund of such city.
(f) Any such firefighters relief association is hereby authorized toloan part or all ofsuch funds to the city, township, county or fire district in which suchassociation is located, to be used by such city, township, county orfire district in the improvement of its fire department and equipmentthereof, and such city, township, county or fire district is herebyauthorized to borrow the same and issue to the treasurer of such firefightersrelief association its warrant therefor bearing interestpayable semiannually, at a rate not to exceed 6% perannum.
(g) The commissioner of insurance is hereby authorized to adopt suchrules and regulations as are necessary to effect the purposes ofthe firefighters reliefact.
(h) All assets of any firefighters relief association,which is composed of members of a private fire department and which has ceasedto provide fire protection services for an incorporated city, township,county or fire district, shall be transferred to and shall become the propertyof the firefighters relief association for the fire departmentwhich is the immediate successor of such private fire department, aftersatisfaction of any outstanding obligations. If thereis no firefighters relief association for the immediately succeeding firedepartment, such assetsshall become the property of theKansas state firefighters association, inc., as of the date such privatefire department ceased to provide such fire protection services, aftersatisfaction of any outstanding obligations. The Kansasstate firefighters association, inc. shall use all such assetsfor fire prevention and fire extinguishment education and study.
History: L. 1927, ch. 231, 40-1707; L. 1929, ch. 201, § 1; L.1941, ch. 257, § 6; L. 1943, ch. 187, § 1; L. 1953, ch. 235, § 1; L.1957, ch. 287, § 7; L. 1974, ch. 188, § 1; L. 1978, ch. 180, §1; L. 1981, ch. 193, § 1; L. 1984, ch. 165, § 8;L. 1987, ch. 168, § 2; July 1.
