KANSAS OFFICE of
  REVISOR of STATUTES

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48-261. Death and disability benefits for members of national and state guards; military disability board; membership, powers and duties; emergency fund allocations; rules and regulations. (a) Every member of the Kansas national guard or Kansas state guard shall be entitled to the benefits specified in K.S.A. 48-261 through 48-271, and amendments thereto, subject to the conditions specified therein.

(b) The governor shall appoint at least five officers of the Kansas national guard or Kansas state guard, including at least one officer of the medical corps, to the military disability board, which is hereby created. Members of the board shall serve at the pleasure of the governor. Members of the board shall be compensated and permitted allowances in accordance with K.S.A. 75-3201, and amendments thereto. The board shall meet at least annually and determine the percentage of total disability and award compensation for disability or death in accordance with the provisions of K.S.A. 48-261 through 48-271, and amendments thereto.

(c) The compensation, reimbursement and other benefits required to be paid for entitlements accruing to members under the provisions of K.S.A. 48-261 through 48-271, and amendments thereto shall be paid from amounts allocated therefor from the state emergency fund in accordance with K.S.A. 75-3713b, and amendments thereto. The cost of administration of K.S.A. 48-261 through 48-271, and amendments thereto, shall be paid out of amounts appropriated therefor from the state general fund.

(d) The adjutant general shall administer the provisions of K.S.A. 48-261 through 48-271, and amendments thereto, and shall adopt rules and regulations to carry out the provisions thereof.

History: L. 1968, ch. 69, § 1; L. 1972, ch. 206, § 1; L. 1976, ch. 235, § 2; L. 2024, ch. 78, § 49; July 1.

Cross References to Related Sections:

National Guard Mutual Assistance Compact, compensation for death or injury occurring in other party state, see 48-1701 et seq.

CASE ANNOTATIONS

1. Payment of death benefits hereunder to surviving spouse directed; sovereign immunity inapplicable. Smyth v. Adjutant General, 214 Kan. 715, 717, 719, 721, 522 P.2d 372.

2. Mentioned in dissenting opinion discussing the constitutionality of setoff provisions of workmen's compensation act. Baker v. List and Clark Construction Co., 222 Kan. 127, 137, 563 P.2d 431.


 



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