Under workers' compensation, the surviving spouse of a first responder killed on the job will now get monthly death benefits until the spouse's own death, instead of losing them on remarriage, and spouses cut off for remarrying on or after January 1, 2000 can get future payments but no back pay.
Official title: workers' compensation; death benefits; remarriage
- September 12, 2026
- Reaches back to remarriages on or after January 1, 2000; future payments only, no back pay: Spouses of first responders who lost benefits due to remarriage
What changes
BeforeA surviving spouse's monthly death benefit (66 2/3% of the deceased worker's average monthly wage with no children, or 35% with children) stops when the spouse dies or remarries, with a one-time payment of 2 years' benefits on remarriage.
NowFor the surviving spouse of a first responder, the same monthly benefit is paid until the spouse's death. Remarriage no longer ends it. The rule for other workers' spouses does not change.
BeforeWhen a surviving spouse remarries, the children's benefits are recalculated under the rule for children with no surviving spouse.
NowFor children of a first responder, that recalculation happens only if the surviving spouse dies, not if the spouse remarries. Children's benefits still end at age 18, or 22 for full-time students, or when a child over 18 who could not support themselves becomes able to. They also end on the child's death or marriage.
-
Now"First responder" means a peace officer, a firefighter or a paramedic as defined in another state law. It also includes a volunteer first responder acting in an official capacity for a government entity involved in an emergency or law enforcement response.
BeforeSpouses of first responders who remarried had lost their death benefits.
NowSpouses of first responders who lost benefits because they remarried on or after January 1, 2000 become eligible for benefits going forward once the law takes effect. They may not receive retroactive (back) payments.
BeforeBurial expenses of no more than five thousand dollars; a dependent's funeral expenses of no more than eight hundred dollars.
NowSame limits, now written as $5,000 and $800. Other wording edits make no practical change.
Who it affects
- Surviving spouses of first responders who die from work injuries
- Surviving children of first responders who die from work injuries
- Spouses of first responders who lost death benefits by remarrying on or after January 1, 2000
- Volunteer first responders acting officially for a government entity
- Employers and insurers that pay workers' compensation death benefits
- Industrial Commission of Arizona
What you need to do
Nothing is required by the text. Spouses of first responders who lost benefits by remarrying on or after January 1, 2000 become eligible for future benefits, but the text does not say how to claim them.
What the law doesn't answer
- How spouses who previously lost benefits apply to have them restored
- Whether spouses who received the 2-year lump sum on remarriage must repay it
- Who pays the restored benefits, such as the employer, the insurer or a state fund
- Whether spouses who remarried before January 1, 2000 are covered
- Whether the reference to another state law defines all three job titles or only paramedics
This summary describes the law as enacted. Later laws, court rulings or referendum petitions can change the picture. Check the official text for the current wording.