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Current as of January 01, 2022 | Updated by FindLaw Staff
(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.
Cite this article: FindLaw.com - Colorado Revised Statutes Title 8. Labor and Industry § 8-42-120. Termination of right to benefits--definition - last updated January 01, 2022 | https://codes.findlaw.com/co/title-8-labor-and-industry/co-rev-st-sect-8-42-120/
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