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SB1136 - 572R - S Ver
Senate Engrossed
workers'
compensation; death benefits; remarriage
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1136
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; definition
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 $5,000
,
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
4 of this subsection
.
3. To the surviving spouse of a first
responder, if there are no children, sixty-six and two-thirds
percent of the average monthly wage of the deceased, to be paid until the
spouse's death. To the surviving spouse if there are surviving
children, thirty-five percent of the average monthly wage of the
deceased, to be paid until the spouse's death and to the surviving children, an
additional thirty-one and two-thirds percent of the average MONTHLY
wage, to be divided equally among the surviving children until eighteen years
of age, until 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 of the surviving spouse, the surviving child's or
children's benefits shall be computed pursuant to paragraph 5 of this
subsection.
3.
4.
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
.
5. To a single surviving child of a
first responder, in the case of the subsequent death of the surviving husband
or wife, or if there is no surviving husband or wife, sixty-six and two-thirds
percent of the average monthly wage of the deceased, or if there is more than
one surviving child, sixty-six and two-thirds percent to be divided
equally among the surviving children.� Compensation to any such child shall
cease on death, on marriage or on reaching eighteen years of age, except, if
over eighteen years of age and incapable of self-support, when 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 twenty-two years of age.
4.
6.
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.
7.
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
on
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
d. for the purposes of this section,
"first responder":
1. means a peace officer, a
firefighter or a paramedic as defined in section 36-2201.
2. includes a person who is a
volunteer first responder and who is operating in an official capacity on
behalf of a governmental entity that is involved in an EMERGENCY or law
enforcement response.
Sec. 2.
Applicability;
definition
A. Section 23-1046,
Arizona Revised Statutes, as amended by this act, applies to spouses of first
responders
who lost benefits due to remarriage
on or after January 1, 2000.
B. On the effective date of
this section, spouses of first responders who previously lost benefits due to
remarriage on or after January 1, 2000 are eligible to receive benefits
prospectively but may not receive retroactive benefit payments.
C. For the purposes of this
section, "first responder":
1. Means a law enforcement
officer, a firefighter or a paramedic as defined in section 36-2201,
Arizona Revised Statutes.
2. Includes a person who is
a volunteer first responder and who is operating in an official capacity on
behalf of a governmental entity that is involved in an emergency or law
enforcement response.