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SB1135 - 572R - S Ver
Senate Engrossed
death benefits;
burial costs
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1135
AN
ACT
amending section 23-1046, arizona
revised statutes; relating to workers' compensation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 23-1046, Arizona Revised
Statutes, is amended to read:
START_STATUTE
23-1046.
Death benefits
A. In case of an injury causing death, the
compensation therefor shall be known as a death benefit and shall be payable in
the amount, for the period, and to and for the benefit of the following:
1. Burial expenses,
of
not
to exceed five thousand dollars
more than $10,000
,
in addition to the compensation.
2. To the surviving spouse, if there are no
children, sixty-six and two-thirds
per cent
percent
of the average monthly wage of the deceased, to be paid
until such spouse's death or remarriage, with two years' compensation in one
sum
upon
on
remarriage. To the surviving spouse if there are surviving children,
thirty-five
per cent
percent
of the average monthly wage of the deceased, to be paid until such spouse's
death or remarriage with two years' compensation in one sum
upon
on
remarriage, and to the surviving children, an
additional thirty-one and two-thirds
per cent
percent
of the average monthly wage, to be divided equally
among them until
the age of
eighteen years
of
age
, until
the age of
twenty-two years
of age
if the child is enrolled as a full-time student in
any accredited educational institution, or if over eighteen years
of age
and incapable of self-support when the child
becomes capable of self-support. When all surviving children
are no longer eligible for benefits, the surviving spouse's benefits shall be
paid as if there were no children. In the event of the subsequent
death or remarriage of the surviving spouse, the surviving child's or
children's benefits shall be computed pursuant to paragraph 3
of
this subsection
.
3. To a single surviving child, in the case of the
subsequent death or remarriage of a surviving husband or wife, or if there is
no surviving husband or wife, sixty-six and two-thirds
per cent
percent
of the average monthly
wage of the deceased, or if there is more than one surviving child, sixty-six
and two-thirds
per cent
percent
to be divided equally among the surviving children. Compensation to
any such child shall cease
upon
on
death,
upon
on
marriage or
upon
on
reaching
the age of
eighteen years
of age
, except, if over eighteen years
of age
and incapable of self-support, when
he
the child
becomes capable of self-support, or if
over eighteen years of age and enrolled as a full-time student in any
accredited educational institution, when the child reaches
age
twenty-two
years of age
.
4. To a parent, if there is no surviving husband,
wife or child under
the age of
eighteen years
of age
, if wholly dependent for support
upon
on
the deceased employee at the time of
his
the employee's
death, twenty-five
per
cent
percent
of the average monthly wage of the
deceased during dependency, with an added allowance of fifteen
per
cent
percent
if two dependent parents survive,
and, if neither parent is wholly dependent, but one or both partly dependent,
fifteen
per cent
percent
divided
between them share and share alike.
5. To brothers or sisters under
the
age of
eighteen years
of age
, if there is no
surviving husband or wife, dependent children under
the age of
eighteen years
of age
or dependent parent, the following
shall govern:
(a) If one of the brothers or sisters is wholly
dependent
upon
on
the deceased
employee for support at the time of injury causing death, twenty-five
per cent
percent
of the average monthly
wage until
the age of
eighteen years
of age
.
(b) If more than one brother or sister is wholly
dependent, thirty-five
per cent
percent
of the average monthly wage at the time of injury causing death, divided among
such dependents share and share alike.
(c) If none of the brothers or sisters is wholly
dependent, but one or more are partly dependent, fifteen
per cent
percent
divided among such dependents share and share
alike.
B. If the deceased employee leaves dependents only
partially dependent
upon his
on the
deceased employee's
earnings for support at the time of the injury, the
monthly compensation shall be equal to such proportion of the monthly payments
for the benefit of persons totally dependent as the amount contributed by the
employee to such partial dependents bears to the average wage of the deceased
at the time of the injury resulting in
his
the
employee's
death. The duration of compensation to partial
dependents shall be fixed by the commission in accordance with the facts shown,
and in accordance with
the provisions of
section 23-1047,
but
shall in no case
may not
exceed
compensation for one hundred months.
C. In the event of death of a dependent before
expiration of the time named in the award, the funeral expenses of such person,
of
not
to exceed eight hundred dollars
more than $800
, shall be paid.
END_STATUTE