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Bill Summary · HB 34

Summary of HB 34 (2026 Regular Session, Kentucky)

This bill focuses on death benefits for certain public safety and emergency services personnel, establishing eligibility, payment structure, administration, and related protections.

Purpose and intent

  • Create and clarify a state-funded death-benefit program for specific categories of public safety personnel and emergency services workers who die in the line of duty.
  • Ensure a standardized lump-sum or survivor-based benefit in addition to any existing federal/state retirement or benefit programs.

Key provisions and changes

  • Eligible personnel definitions (Section 1(1))

    • Broadly defines three groups:
    • Police officers, sheriffs, deputy sheriffs, corrections and jail staff with peace officer powers, auxiliary police, school resource officers, campus police, and other designated officers employed by counties, cities, airport authorities, local boards, or the state.
    • Firefighters (paid or volunteer) including those at state installations and certain nonprofit-operated departments.
    • Emergency medical services personnel (paid or volunteer) licensed or certified under Kentucky law, employed by or volunteering for counties, cities, fire protection districts, or ambulance service districts.

  • Spouse and survivor benefits (Section 1(2))

    • Lump-sum death benefit of $80,000 to the surviving spouse when there are no surviving children, paid from the general fund (State Treasurer).
    • If there are surviving children (and possibly a surviving spouse), the $80,000 is apportioned among survivors.
    • For surviving children under 18:
    • The State Treasurer pays $35,000 to the child.
    • $45,000 is held in trust for each child until age 18, with the trust accounts earning interest.
    • If a child dies before 18, the child’s account passes to the child’s estate.
    • If there are no surviving children, the payment goes to the deceased’s parents.

  • Administrative framework (Sections 1(3)-(7))

    • The Kentucky Fire Commission, Justice and Public Safety Cabinet, Department of Corrections, Kentucky Board of Emergency Medical Services, and Department of Military Affairs may promulgate regulations to administer death benefits for their respective covered groups.
    • Administrative hearings under these sections follow KRS Chapter 13B.

  • Probate exemption (Section 1(8))

    • Estates of spouses or surviving children eligible for benefits, and estates of regular U.S. Armed Forces members naming Kentucky as home of record whose death is in the line of duty, are exempt from probate fees.

  • Durational and program integrity notes (Section 1(9)-(11))

    • Benefits are in addition to other retirement or death-related benefits.
    • Funds for benefits are placed in a self-insuring account, not used for purchasing insurance.

  • Special cancer-related line-of-duty provision for firefighters (Section 1(11))

    • Establishes criteria for a cancer-related line-of-duty death:
    • Firefighter must have served at least 5 consecutive years.
    • Cancer developed within 10 years after separation.
    • Non-smoker for 10 years prior to diagnosis.
    • Under 65 at death.
    • No prior cancer diagnosis before employment.
    • Cause linked to exposure to a carcinogen reasonably associated with listed cancers.
    • The cancers covered include a comprehensive list (e.g., bladder, brain, colon, non-Hodgkin’s lymphoma, prostate, breast, mesothelioma, lung, etc., totaling 21 listed cancers).
    • Clarifies that this line-of-duty provision applies only to these benefits and does not create a presumption of workers’ compensation or other work-related claims under Chapter 342; it is a narrow, exclusive entitlement for this program.

Who is affected

  • Covered individuals:
    • Police and corrections officers, dispatchers, jail staff, school resource officers, campus police, and related peace-officer roles.
    • Firefighters (paid and volunteer) serving recognized departments or units within Kentucky.
    • Emergency medical services personnel (paid or volunteer) working for local governments or EMS districts.
  • Families:
    • Spouses, surviving children (including minor and adult children), and, in certain circumstances, the deceased’s parents.
  • Surviving estates and probate processes:
    • Probate fees for eligible estates are exempt.

Procedural and timeline aspects

  • Effective administration hinges on regulatory rules from the relevant agencies (Fire Commission, Justice and Public Safety Cabinet, Department of Corrections, Board of EMS, and Department of Military Affairs) to determine eligibility criteria and procedures for line-of-duty determinations.
  • The act contemplates hearings under KRS Chapter 13B for administrative determinations.
  • The bill includes a savings/compatibility note: benefits stack with other retirement or death benefits and are funded from a self-insuring account (not through insurance purchases).

Financial and fiscal notes

  • The $80,000 lump-sum (per qualifying case) is paid from the general fund via the State Treasurer.
  • Surviving-child accounts involve 35,000 to the child and a 45,000 trust held for the child until age 18, with the remainder allocated as specified.
  • Probate-fee exemptions reduce potential costs to eligible families in probate proceedings.
  • No explicit premium or ongoing funding mechanism is described beyond the self-insuring account concept.

Timeline

  • The bill’s action history shows House passage in January 2026 and subsequent movement to the Senate in late January 2026, with committee and readings ongoing as of the provided history.

If you’d like, I can tailor this into a one-page briefing for policymakers or extract a quick “who is eligible” checklist and a proposed timeline for implementation.

Compiled from official sources — confirm details with the bill’s official record.

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