Colo. Rev. Stat. § 8-42-120
Termination of right to benefits - definition.
Effective Aug 7, 2024L. 90: Entire article R&RE, p. 497, § 1, effective July 1. L. 91: Entire section amended, p. 1352, § 5, effective May 29. L. 2024: Entire section amended, (HB 24-1139), ch. 52, p. 181, § 1, effective August 7.
(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.
Source: L. 90: Entire article R&RE, p. 497, § 1, effective July 1. L. 91: Entire section amended, p. 1352, § 5, effective May 29. L. 2024: Entire section amended, (HB 24-1139), ch. 52, p. 181, § 1, effective August 7.
Editor's note: This section is similar to former § 8-50-106 as it existed prior to 1990.