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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
workers' compensation; death benefits; remarriage
Purpose
Establishes workers' compensation death benefit payment requirements for the surviving spouse of a first responder, including allowing the surviving spouse to receive death benefit payments until their death. Applies the death benefit eligibility to spouses of first responders who lost benefits due to remarriage on or after January 1, 2000, only for prospective benefit payments.
Background
The Industrial Commission of Arizona is the state regulatory agency responsible for processing and adjudicating workers' compensation claims. Employees may receive workers’ compensation benefits, including medical treatment and lost wages, as a result of injuries or death caused by an accident arising out of and in the course of employment. The compensation received by the employee or the employee's dependents is determined by the employee's average monthly wage at the time of the injury.
Statute requires the payment of a death benefit to a surviving spouse until the spouse's death or remarriage. A spouse receives two years' worth of compensation paid in one lump sum upon remarriage. If there are no children and the surviving spouse does not remarry, the surviving spouse receives 66.667 percent of the deceased employee's average monthly wage. If the surviving spouse has children and does not remarry, the spouse receives 35 percent of the deceased employee's average monthly wage, and the surviving children receive 31.667 percent of the average monthly wage until a specified date. When all surviving children are no longer eligible for benefits, the surviving spouse's benefits will be paid as if there were no children (A.R.S. Title 23, Chapter 6).
There is no anticipated fiscal impact to the state General Fund associated with S.B. 1157. Since the Public Safety Personnel Retirement System already allows spouses of deceased members to remarry without the loss of benefits, the Joint Legislative Budget Committee believes that S.B. 1157, as introduced, would not affect public safety employees (JLBC fiscal note).
Provisions
1. Requires a workers' compensation death benefit to be paid to the surviving spouse of a first responder until the surviving spouse's death and in the same amount as statutorily prescribed for the spouses of non-first responders.
2. Requires a workers' compensation death benefit to be paid to the surviving children of a first responder in the same amount and for the same time period as statutorily prescribed for the children of non-first responders.
3. Applies the death benefit compensation requirements to spouses of first responders who lost benefits due to remarriage on or after January 1, 2000.
4. Specifies that the spouses of first responders who previously lost benefits due to remarriage on or after January 1, 2000, are eligible to receive benefits prospectively, but not retroactively.
5. Defines first responder.
6. Makes technical and conforming changes.
7. Becomes effective on the general effective date.
Amendments Adopted by the House of Representatives
1. Restores a surviving spouse's remarriage as an event that disqualifies the surviving spouse from continuing to receive workers' compensation death benefit payments.
2. Establishes separate workers' compensation death benefit payment requirements for the surviving spouse and children of first responders, including allowing a surviving spouse to receive death benefit payments until their death.
3. Specifies that the spouses of first responders who previously lost benefits due to remarriage on or after January 1, 2000, are eligible to receive benefits prospectively but not retroactively.
4. Makes technical and conforming changes.
Senate Action House Action
FIN 2/17/25 DP 5-1-1 GOV 3/26/25 DP 7-0-0-0
APPROP 2/25/25 DP 10-0-0 3rd Read 6/11/25 41-14-5
3rd Read 3/17/25 24-3-2-0-1
Prepared by Senate Research
June 11, 2025
MG/KP/ci