First responder spouses keep death benefits after remarriage

The law provides death benefits to surviving spouses of first responders until the spouse dies. These benefits apply when a work-related injury causes the death of a first responder. If there are no surviving children, the spouse receives two-thirds of the deceased worker’s average monthly wage. If there are children, the spouse receives 35%, and the children share an additional 31⅔%. Children generally receive benefits until age 18, or until age 22 if they are full-time students; benefits may continue past 18 for a child unable to support themself. A first responder includes a peace or law enforcement officer, firefighter, paramedic, or volunteer first responder acting officially for a government entity involved in an emergency or law enforcement response.

Some spouses who previously lost benefits because of remarriage may receive benefits prospectively. This applies to spouses of first responders, including qualifying volunteers acting officially for a government entity in an emergency or law enforcement response. The spouse must have lost benefits because of remarriage on or after January 1, 2000. The law allows future payments but does not provide payments for the period when benefits were lost. Eligibility for future payments begins on this section’s effective date.