ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session
	Senate: FIN DP 5-1-1-0 | APPROP DP 10-0-0-0 |3^rd Read: 24-3-2-0 House: GOV DP 7-0-0-0

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SB 1157: workers' compensation; death benefits; remarriage

Sponsor: Senator Gowan, LD 19

House Engrossed

Overview

Describes how a death benefit must be distributed among surviving spouses and children.

History

In the event of a loss sustained on account of injury or death specified employees and their dependents are entitled to receive compensation.  These employees include but are not limited to: 1) all persons in the service of the state of Arizona and its municipalities including police and fire departments; 2) specified lessees of mining property; 3) firefighters, volunteer firefighters, policemen and voluntary policemen; 4) members of the Department of Public Safety reserve; and 5) members of a volunteer sheriff's reserve (A.R.S. §§ 23-901, 23-1021).

In the case of an injury involving death the following compensation amounts are prescribed in statute: 1) burial expenses of $5,000; and 2) differing percentages of the average monthly wage of the deceased individual based on the existence of a surviving spouse or dependent kin.  A surviving spouse's benefits terminate upon their death or remarriage.  The benefits for surviving children cease upon the child's eighteenth birthday, unless they are incapable of self-support (A.R.S. § 23-1046).

Provisions

1. Adds that a death benefit will be paid to a surviving spouse until remarriage with two years' compensation in one sum on remarriage. (Sec. 1)

2. States surviving spouses of a first responder with no children will receive a death benefit of 66 and 2/3% of the average monthly wage of the deceased until the spouse's death. (Sec. 1)

3. Stipulates if the surviving spouse has surviving children, 35% of the monthly deceased's average monthly wage is paid to the spouse until their death and an additional 31 and 2/3% is to be divided equally among the surviving children. (Sec. 1)

4. States the surviving children will receive the death benefit until they are 18 years of age, or continue to receive the benefit until they are 22 years of age if they are enrolled as a full-time student in an accredited education institution or if they are over 18 years of age and in capable of self-support. (Sec. 1)

5. Specifies that when surviving children are no longer eligible for benefits the surviving spouse will receive benefits as if there were no children. (Sec. 1)

6. States in the case of a death or no surviving husband or wife a surviving child will receive a benefit of 66 and 2/3% of the deceased's average monthly wage and if there are multiple children the benefit will be divided equally. (Sec. 1)

7. Specifies the benefit will cease on the child's death, marriage or turning 18 years of age unless they turn 18 and are incapable of self-support or until they turn 22 if they are enrolled full time in an accredited educational institution. (Sec. 1)

8. Applies the measure to spouses of first responders who lost benefits due to remarriage on or after January 1, 2000. (Sec. 2)

9. Qualifies spouses of first responders who previously lost benefits due to remarriage on or after January 1, 2000, to receive benefits prospectively but not retroactive benefit payments. (Sec. 2)

10. Defines first responder. (Sec. 1, 2)

11. Makes technical and conforming changes. (Sec. 1, 2)

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15.                   SB 1157

16. Initials JH/SR     Page 0 House Engrossed

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