Assigned to FIN FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
FACT SHEET FOR S.B. 1157
workers' compensation; death benefits; remarriage
Purpose
Eliminates a surviving spouse's remarriage as an event that disqualifies the surviving
spouse from receiving workers' compensation death benefit payments. Applies the elimination of
remarriage as a disqualifying event for workers' compensation death benefit payments for spouses
of first responders retroactive to January 1, 2024.
Background
The Industrial Commission of Arizona is the state regulatory agency responsible for
processing and adjudicating a workers' compensation claim. Employees may receive workers’
compensation benefits, including medical treatment and lost wages, as a result of injuries or death
caused by an accident arising out of and in the course of employment. The compensation received
by the employee or the employee's dependents is determined by the employee's average monthly
wage at the time of the injury.
Statute requires the payment of a death benefit to a surviving spouse until the spouse's
death or remarriage. A spouse receives two years' worth of compensation paid in one lump sum
upon remarriage. If there are no children and the surviving spouse does not remarry, the surviving
spouse receives 66.667 percent of the deceased employee's average monthly wage. If the surviving
spouse has children and does not remarry, the spouse receives 35 percent of the deceased
employee's average monthly wage, and the surviving children receive 31.667 percent of the
average monthly wage until a specified date. When all surviving children are no longer eligible for
benefits, the surviving spouse's benefits will be paid as if there were no children (A.R.S. Title 23,
Chapter 6).
There is no anticipated fiscal impact to the state General Fund associated with S.B. 1157.
The Joint Legislative Budget Committee (JLBC) estimates that S.B. 1157 would have a minimal
impact based on the assumption that the number of non-public safety government employee
occupational deaths that occur annually are negligible. Since the Public Safety Personnel
Retirement System already allows spouses of deceased members to remarry without the loss of
benefits, the JLBC believes that S.B. 1157 would not affect public safety employees (JLBC fiscal
note).
Provisions
1. Eliminates a surviving spouse's remarriage as an event that disqualifies the surviving spouse
from continuing to receive workers' compensation death benefit payments.
2. Applies the elimination of remarriage as a disqualifying event for workers' compensation death
benefit payments for spouses of first responders retroactive to January 1, 2024. FACT SHEET
S.B. 1157
Page 2
3. Defines first responder as a law enforcement officer, firefighter or paramedic and includes a
person who is a volunteer first responder operating in an official capacity on behalf of a
governmental entity that is involved in an emergency or law enforcement response.
4. Makes technical changes.
5. Becomes effective on the general effective date, with a retroactive provision as noted.
Prepared by Senate Research
February 12, 2025
MG/AL/ci