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SB 1157

STATE GOVERNMENT-TECH

104th Regular Session Introduced by John Curran

SB 1157 lets surviving spouses of first responders keep workers' comp death benefits after remarriage, removing the cutoff and applying prospectively only.

Rule 3-9(a) / Re-referred to Assignments
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Bill Summary · SB 1157

Summary — SB 1157 (Workers' compensation: death benefits; remarriage)

Status: Introduced Feb 7, 2025; currently listed as Rule 3‑9(a) / Re‑referred to Assignments. (Document includes multiple engrossed drafts; see “Procedural notes” below.)

Purpose

SB 1157 amends Arizona Revised Statutes §23‑1046 (workers’ compensation death benefits) to clarify benefit amounts and eligibility rules and — in the engrossed House draft — to change how remarriage affects surviving spouses and children of “first responders” who die in the course of duty.

Key provisions

  • Death benefit structure (retains existing percentages):
    • Surviving spouse with no children: 66 2/3% of the deceased’s average monthly wage (paid until spouse’s death or remarriage under current law).
    • Surviving spouse with children: spouse 35% + children 31 2/3% (divided among children), with existing age/student/incapacity limits (ceases at 18, or 22 if full‑time student, or upon ability to self‑support).
    • Single surviving child or multiple children: 66 2/3% divided among children in certain circumstances; same age/student/incapacity triggers apply.
    • Parents, siblings: preserves existing percentage rules for dependent parents, brothers and sisters.
  • Burial and funeral caps:
    • Burial expense: not to exceed $5,000 (in addition to other compensation).
    • Funeral expense for a dependent who dies during award period: not to exceed $800.
  • Partial dependents: monthly compensation proportional to dependency; duration fixed by commission but may not exceed 100 months.
  • Definition of “first responder”: a peace officer, firefighter, or paramedic (per §36‑2201) and includes volunteer first responders acting in an official capacity for a governmental entity.

First responder‑specific changes (House Engrossed)

  • Eliminates the automatic termination of surviving‑spouse benefits upon remarriage for spouses of first responders:
    • Surviving spouse of a first responder (no children): 66 2/3% of average monthly wage paid until spouse’s death (no remarriage cutoff).
    • Surviving spouse with children: 35% paid until spouse’s death; children’s shares continue as specified.
    • Similar protections for children of first responders in the event of the spouse’s subsequent death.
  • Applicability clause (House Engrossed):
    • Applies to spouses of first responders who lost benefits due to remarriage on or after Jan 1, 2000.
    • Spouses who previously lost benefits (on/after Jan 1, 2000) become eligible to receive benefits prospectively on the bill’s effective date but are not eligible for retroactive payments.

Who is affected

  • Primary beneficiaries: surviving spouses, children, parents, and dependent siblings of workers who die from a compensable injury.
  • Targeted group: spouses and children of first responders (peace officers, firefighters, paramedics, including volunteers) benefit from removal of remarriage‑based termination in the House draft.
  • Employers/insurers: workers’ compensation carriers and self‑insured public employers could face increased long‑term benefit obligations where first responders are involved.

Procedural / timeline notes

  • Multiple draft versions are present in the provided record:
    • Introduced and Senate Engrossed drafts include retroactivity language to Dec 31, 2023 for spouses of first responders.
    • House Engrossed draft expands applicability to spouses who lost benefits due to remarriage on/after Jan 1, 2000 but disallows retroactive lump‑sum payments (only prospective restoration).
  • Final effect (retroactivity and whether past‑terminated benefits are restored retroactively) will depend on the enrolled bill version that is passed and signed.
  • Current reported status: Rule 3‑9(a) / Re‑referred to Assignments (as of the latest entry). Check the legislature’s bill tracker for updates and the final enrolled text for precise operative dates and any amendments.

Compiled from official sources — confirm details with the bill’s official record.

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