1.Amount; recipients. In a case in which the chief determines under rules adopted pursuant to this section that a law enforcement officer has died while in the line of duty, in a case in which the State Fire Marshal determines under rules adopted pursuant to this section that a firefighter has died while in the line of duty, in a case in which the director determines under rules adopted pursuant to this section that an emergency medical services person has died while in the line of duty or in a case in which the Commissioner of Corrections determines under rules adopted pursuant to this section that a Department of Corrections law enforcement officer or corrections officer has died while in the line of duty prior to July 1, 2021, the State shall pay a benefit of $100,000. When determining whether an individual has died while in the line of duty, the chief, the State Fire Marshal, the director or the Commissioner of Corrections, as applicable, shall evaluate whether an individual who died by suicide died as a result of events or actions experienced by the individual while in the line of duty. Beginning July 1, 2021 and annually thereafter, the benefit amount must be indexed to the Consumer Price Index whenever there is a percentage increase in the Consumer Price Index from July 1st to June 30th of the previous year. A firefighter, law enforcement officer, emergency medical services person, Department of Corrections law enforcement officer or corrections officer who dies while in the line of duty must be paid the benefit amount as indexed immediately prior to that firefighter's, law enforcement officer's, emergency medical services person's, Department of Corrections law enforcement officer's or corrections officer's death. The Department of Administrative and Financial Services shall adopt rules to calculate the annual percentage increase in the death benefit.
The State shall pay the benefit as follows:
A. If there is no surviving child of the firefighter, law enforcement officer, emergency medical services person, Department of Corrections law enforcement officer or corrections officer, to the surviving spouse of the person; [2023, c. 433, §4(AMD).]B. If there is a surviving child or children and a surviving spouse of the firefighter, law enforcement officer, emergency medical services person, Department of Corrections law enforcement officer or corrections officer, 1/2 to the surviving child or children in equal shares and 1/2 to the surviving spouse; [2023, c. 433, §4(AMD).]C. If there is no surviving spouse of the firefighter, law enforcement officer, emergency medical services person, Department of Corrections law enforcement officer or corrections officer, to the child or children in equal shares; or [2023, c. 433, §4(AMD).]D. If there is no surviving child or spouse, to the parent or parents of the firefighter, law enforcement officer, emergency medical services person, Department of Corrections law enforcement officer or corrections officer in equal shares. [2023, c. 433, §4(AMD).] [2023, c. 433, §4(AMD).]