AMENDED
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ZACK DEAN |
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LEGISLATIVE RESEARCH ANALYST TRANSPORTATION & PUBLIC SAFETY COMMITTEE Telephone: (602) 926-3171 |
ARIZONA STATE SENATE
RESEARCH STAFF
TO: MEMBERS OF THE SENATE
DATE: February 26, 2020
SUBJECT: Strike everything amendment to S.B. 1531, relating to law enforcement officers; additional benefits
Purpose
Requires workers’ compensation death benefits and employer coverage of family health insurance premiums to be paid to the surviving spouse of a law enforcement officer killed in the line of duty for life regardless of remarriage.
Background
If an employee is injured by accident arising out of and in the course of employment and the injury causes death, compensation in the form of a death benefit shall be paid to the surviving spouse, children or other family members if applicable. A surviving spouse with no children receives 66.67 percent of the average monthly wage of the deceased until the surviving spouse’s death or remarriage, with two years compensation paid in a lump sum upon remarriage. If a surviving spouse has children, the spouse receives 35 percent of the average monthly wage of the deceased until death or remarriage, with the remaining 31.67 percent to be divided equally among all children for specified periods of time (A.R.S. § 23-1046).
If a member of the Public Safety Personnel Retirement System (PSPRS) is killed in the line of duty, the surviving spouse is entitled to receive an amount equal to the average monthly benefit compensation less any amount payable for an eligible child. The surviving spouse must have been married to the PSPRS member on the date of the member’s death, and shall receive the benefit until the surviving spouse’s death (A.R.S. § 38-846). Killed in the line of duty means the decedent's death was the direct and proximate result of physical injuries incurred in the performance of the decedent's public safety duties and does not include suicide (A.R.S. § 38-888).
If a law enforcement officer is killed in the line of duty, a surviving spouse or surviving dependent is entitled to receive payments for health insurance premiums from the officer’s employer. The amount to be paid by the employer is the same amount that would be paid for an active law enforcement officer’s family coverage premium or single coverage premium. Payments by an employer are discontinued when the surviving spouse remarries, dies or becomes eligible for Medicare, or if a dependent is no longer considered a dependent. For health insurance payment purposes, law enforcement officer is defined as a: 1) peace officer certified by the Arizona Peace Officer Standards and Training Board; 2) detention officer or corrections officer employed by Arizona or a political subdivision, with exception to juvenile detention officers; 3) firefighter employed by Arizona or a political subdivision; and 4) corrections officer or firefighter who works for Arizona or a political subdivision through a contract with a private company (A.R.S. § 38-1114).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Stipulates that the surviving spouse of a law enforcement officer who is killed in the line of duty is entitled to receive workers’ compensation death benefits for life, regardless of whether the surviving spouse remarries.
2. Stipulates that employer coverage for family health insurance premiums do not terminate if the surviving spouse of a law enforcement officer killed in the line of duty remarries.
3. Requires a surviving spouse or dependent to receive payment for all unused sick leave for a deceased member of PSPRS or the Corrections Officer Retirement Plan.
4. Prescribes the same meaning to killed in the line of duty and law enforcement officer as provided in applicable sections of statute.
5. Makes technical and conforming changes.
6. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Removes the extension of employer coverage for family health insurance premiums to new additional family members if a surviving spouse remarries.
Senate Action
TPS 2/19/20 W/D
APPROP 2/25/20 DPA/SE 9-0-0
