§ 8-42-120 — Termination of right to benefits - definition

Colorado § 8-42-120

• Jurisdiction: Colorado
• Title 08: Labor and
• Art.: Benefits

Text

(1) (a) Except as
otherwise provided in subsection (1)(b) of this section, death benefits shall be paid
to a dependent widow or widower for life or until remarriage, and, if there are no
dependent children, as defined in section 8-41-501 (1)(b) and (1)(c), at the time of
remarriage, a two-year lump-sum benefit without discount, less any lump sums
previously paid, shall be paid to such widow or widower.

(b) (I) Death benefits shall be paid to a dependent widow or widower for life
if:

(A) The dependent widow or widower receives a death benefit pursuant to
subsection (1)(a) of this section; and

(B) The deceased was a state employee who worked in a job with a high-risk
classification.

(II) As used in this subsection (1)(b), unless the context otherwise requires,
job with a high-risk classification means:

(A) An employee of the Colorado state patrol who is vested with the powers
of a peace officer as provided in section 24-33.5-212 or is a port of entry officer as
described in section 16-2.5-115;

(B) An employee of the Colorado bureau of investigation who is vested with
the powers of a peace officer as provided in section 24-33.5-409;

(C) An employee of the department of corrections who is classified in the
corrections officer I through corrections officer IV class titles;

(D) An employee of the department of corrections who is a community parole
officer as described in section 16-2.5-136;

(E) An employee of the division of fire prevention and control in the
department of public safety who is classified as a firefighter, investigator, or fire
marshal;

(F) An employee of the division of parks and wildlife in the department of
natural resources who is a wildlife officer as defined in section 16-2.5-116 (1) or a
parks and recreation officer as defined in section 16-2.5-117 (1);

(G) An employee of the department of transportation who is responsible for
highway safety and maintenance;

(H) An employee of the department of revenue who is vested with the
powers of a peace officer as provided in sections 16-2.5-121 to 16-2.5-126; or

(I) An employee of a state institution of higher education who is vested with
the powers of a peace officer as provided in section 16-2.5-148.

(2) Death benefits shall terminate upon the happening of any of the
following contingencies and shall thereupon survive to the remaining dependents, if
any: Upon the death of any dependent; when a child or brother or sister of the
deceased reaches the age of eighteen years, except as otherwise provided in
sections 8-41-501 (1)(b) and (1)(c) and 8-41-502; and upon the expiration of six years
from the date of the death of the injured employee in the case of partial
dependents.

Legislative History

Source: L. 90: Entire article R&RE, p. 497, � 1, effective July 1. L. 91: Entire section amended, p. 1352, � 5, effective May 29. L. 2024: Entire section amended, (HB 24-1139), ch. 52, p. 181, � 1, effective August 7.