2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 42 - BENEFITS (§§ 8-42-101 — 8-42-127) › Section 8-42-120 - [Effective 8/7/2024] 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.
Amended by 2024 Ch. 52,§ 1, eff. 8/7/2024.
L. 90: Entire article R&RE, p. 497, § 1, effective July 1. L. 91: Entire section amended, p. 1352, § 5, effective May 29.
This section is similar to former § 8-50-106 as it existed prior to 1990.
2024 Ch. 52, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.