§ 31-30-1127 — Survivor benefit - death from injuries in the line of duty

(1)
Except as otherwise provided in subsection (4) of this section, if a fire department
member dies from injuries received while in the line of duty as a volunteer
firefighter and leaves a surviving spouse, the board shall pay the surviving spouse a
monthly annuity either in an amount the board deems proper and necessary, but not
more than one-half the amount paid by the board pursuant to section 31-30-1122 (1)
or two hundred twenty-five dollars, whichever is greater, or within limits prescribed
by municipal ordinance or by rules of the board of the affected municipality or
district. The annuity shall cease if the surviving spouse remarries. Dissolution of a
subsequent marriage does not reinstate the annuity.

(2) Except as otherwise provided in subsection (4) of this section, if there is
no surviving spouse as provided in subsection (1) of this section but there is a
surviving child of the deceased volunteer firefighter under eighteen years of age,
the board shall pay a monthly annuity either in an amount the board deems proper
or necessary, but not more than one-half the amount paid by the board pursuant to
section 31-30-1122 (1) or two hundred twenty-five dollars, whichever is greater, or
within limits prescribed by municipal ordinance or by rules of the board of the
affected municipality or district. The board shall pay this annuity to the guardian of
the child on behalf of the child. The annuity shall cease when the child is eighteen
years of age.

(3) Except as otherwise provided in subsection (4) of this section, if there is
no surviving spouse or child as provided in subsections (1) and (2) of this section but
there is a surviving dependent parent of the deceased volunteer firefighter, the
board shall pay the dependent parent a monthly annuity either in an amount the
board deems proper and necessary, but not more than one-half the amount paid by
the board pursuant to section 31-30-1122 (1) or two hundred twenty-five dollars,
whichever is greater, or within limits prescribed by municipal ordinance or by rules
of the board of the affected municipality or district. The annuity shall cease if the
dependent parent remarries. Dissolution of a subsequent marriage does not
reinstate the annuity.

(4) The benefits under this section:

(a) Are in addition to the educational benefits under section 23-3.3-205,
C.R.S.;

(b) Do not apply if the optional survivor benefits under section 31-30-1128 are
provided; and

(c) May be increased in the same manner as postretirement benefit increases
as provided in section 31-30-1122 (3), subject to the state contribution limit set forth
in section 31-30-1112 (2).

Legislative History

Source: L. 95: Entire part added, p. 1377, � 2, effective June 5. L. 98: Entire section amended, p. 809, � 6, effective May 26. L. 2002: (4)(c) amended, p. 506, � 3, effective July 1.