Termination of right to benefits - definition

8-42-120. Termination of right to benefits - definition. (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.