Legislation
SECTION 7
Lt
Volunteer Firefighters' Benefit (VOL) CHAPTER 64-A, ARTICLE 2
§ 7. Lt. Michael E. Neuner/Timothy Goff memorial death benefit
program. In the event of death the benefit shall be known as a death
benefit and shall be paid as follows:
1. The reasonable funeral expenses of the deceased volunteer
firefighter shall be paid in an amount not exceeding six thousand seven
hundred dollars; provided however, that such six thousand dollar maximum
shall not apply where a volunteer firefighter dies from injuries
received in the line of duty as a direct result of firefighting. If such
funeral expenses shall have been paid by a person entitled to benefits
under this section or by others, the funeral expenses awarded shall be
made payable to such beneficiary or others; otherwise they shall be
payable to the undertaker who provided the burial. Funeral expenses
shall be awarded in all death cases.
2. If there be a surviving spouse, to such spouse the lump sum of
fifty-six thousand dollars, but if there be no surviving spouse, then to
the executor or administrator of the estate of the volunteer
firefighter, the lump sum of fifty-six thousand dollars. Such sum shall
be in addition to any other benefits provided in this chapter and shall
not be diminished by benefits paid to the volunteer firefighter during
his or her lifetime. Any money paid to an executor or administrator
pursuant to the provisions of this subdivision shall be distributed in
the manner provided by the laws of this state for the distribution of
the personal property of an intestate decedent. Provided, however, that
nothing herein shall be construed as affording a greater benefit for
those volunteer firefighters injured prior to the effective date of this
act, however the spouse or estate of such firefighter shall continue to
be eligible for a benefit in the sum of eleven thousand eighty-four
dollars.
3. If there be a surviving spouse and no surviving child of the
deceased under the age of eighteen years or under the age of twenty-five
years who is enrolled as a full time student in any accredited
educational institution and no surviving child of any age dependent
blind or physically disabled, to such spouse one hundred thirty dollars
for each week until remarried, and upon such remarriage the lump sum of
thirteen thousand one hundred forty-two dollars.
4. If there be a surviving spouse and a surviving child or children of
the deceased under the age of eighteen years or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution or a surviving child or children of
any age dependent blind or physically disabled, to such spouse
ninety-five dollars for each week until remarried, and upon such
remarriage the lump sum of nine thousand eight hundred fifty-six
dollars; and an additional amount of sixty-three dollars for each week
for each such child until the age of eighteen years or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution or until the removal of the
dependency of the blind or physically disabled child or children; in the
case of the subsequent death or remarriage of such surviving spouse any
surviving child of the deceased firefighter, at the time under eighteen
years of age or under the age of twenty-five years who is enrolled as a
full time student in any accredited educational institution or dependent
through mental or physical infirmity, shall have his or her benefit
increased to ninety-five dollars for each week, and the same shall be
payable until he or she shall reach the age of eighteen years or
twenty-five years, as the case may be, or until such dependent blind or
physically disabled condition shall have been removed; provided that the
total amount payable for each week under this subdivision shall in no
case exceed two hundred fifty-three dollars per week. Upon statutory
termination of payments to all such children, the payments to the
surviving spouse shall be increased to one hundred thirty dollars for
each week until such spouse remarries, and upon such remarriage, such
spouse shall be paid the lump sum of twelve thousand thirty-three
dollars.
5. If there be surviving child or children of the deceased under the
age of eighteen years or under the age of twenty-five years who is
enrolled as a full time student in any accredited educational
institution or a dependent blind or physically disabled child or
children of any age, but no surviving spouse, for the support of each
such child until the age of eighteen years or twenty-five years as the
case may be, or until the removal of the dependency of such blind or
physically disabled child or children, ninety-five dollars for each
week; provided that the total amount payable for each week under this
subdivision shall not exceed two hundred fifty-three dollars per week.
6. If there be no surviving spouse, or child of the deceased under the
age of eighteen years, or under the age of twenty-five years who is
enrolled as a full time student in any accredited educational
institution or dependent blind or physically disabled child of the
deceased of any age, or if the amount payable for each week to the
surviving spouse and to children under the age of eighteen years or
under the age of twenty-five years who is enrolled as a full time
student in any accredited educational institution or such dependent
blind or physically disabled children shall be less in the aggregate
than two hundred fifty-three dollars per week, for the support of
grandchildren or brothers and sisters under the age of eighteen years,
or under the age of twenty-five years who is enrolled as a full time
student in any accredited educational institution if dependent upon the
deceased at the time of the injury, seventy-nine dollars for each week
for the support of each such person until the age of eighteen years or
twenty-five years as the case may be, and for the support of each parent
or grandparent, of the deceased if dependent upon him at the time of the
injury one hundred thirty dollars for each week during such dependency,
but in no case shall the aggregate amount payable under this subdivision
exceed the difference between two hundred fifty-three dollars and the
amount payable for each week as hereinbefore provided to the surviving
spouse or for the support of a surviving child or children.
7. If any person under the age of eighteen years is an inmate of any
institution and a public charge upon the state or any political
subdivision, the benefits allowed hereunder shall be payable to the
state or political subdivision to the extent of the reasonable charges
for care and maintenance, during the continuance as a public charge in
such institution of such beneficiary and until he shall have attained
the age of eighteen years. Any sum or sums remaining after such payments
shall be distributed as provided in this section.
8. The term "dependent blind or physically disabled", as used in this
section in relation to dependent children, means totally blind or
physically disabled dependent children whose disablement is total and
permanent.
9. All questions of dependency shall be determined as of the time of
the injury.
10. The workers' compensation board may in its discretion require the
appointment of a guardian for the purpose of receiving benefits payable
to a minor child or a dependent blind or physically disabled child. In
the absence of such a requirement by such board the appointment of a
guardian for such purposes shall not be necessary.
11. In the case of a death of a volunteer firefighter, on or after
January first, nineteen hundred seventy-eight and prior to July first,
nineteen hundred seventy-eight, that results from services performed in
the line of duty, if there be a surviving spouse and no surviving child
of the deceased under the age of eighteen years or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution and no surviving child of any age
dependent blind or physically disabled, to such spouse two hundred
eighty-two dollars for each week until remarried, and upon such
remarriage the lump sum of twenty-nine thousand three hundred fifty-four
dollars.
12. In the case of a death of a volunteer firefighter, on or after
January first, nineteen hundred seventy-eight and prior to July first,
nineteen hundred seventy-eight, that results from services performed in
the line of duty, if there be a surviving spouse and a surviving child
or children of the deceased under the age of eighteen years or under the
age of twenty-five years who is enrolled as a full time student in any
accredited educational institution or a surviving child or children of
any age dependent blind or physically disabled, to such spouse one
hundred fifty-six dollars for each week until remarried, and the
additional amount of one hundred thirty dollars for each week for such
child or children, share and share alike, until the age of eighteen
years or under the age of twenty-five years who is enrolled as a full
time student in any accredited educational institution or until the
removal of the dependency of the blind or physically disabled child or
children. In the case of the death of such surviving spouse, the
surviving child or children of the deceased firefighter, at the time
under eighteen years of age or under the age of twenty-five years who is
enrolled as a full time student in any accredited educational
institution or dependent through mental or physical infirmity, shall
have his or their benefit increased to two hundred eighty-two dollars
for each week, share and share alike, and the same shall be payable
until he or they shall reach the age of eighteen years or twenty-five
years, as the case may be, or until such dependent blind or physically
disabled condition shall have been removed. Upon the remarriage of such
surviving spouse prior to the statutory termination of benefits to all
such children, such spouse shall be paid the lump sum of sixteen
thousand one hundred forty-five dollars; and the surviving child shall
continue to receive weekly payments of one hundred thirty dollars; if
there be two surviving children, each shall receive one hundred six
dollars per week; and if there be more than two surviving children, they
shall receive two hundred eighty-two dollars per week, share and share
alike; and the same shall be payable until he or they shall reach the
age of eighteen years or twenty-five years, as the case may be, or until
such dependent blind or crippled condition shall have been removed. Upon
statutory termination of payments to all children, the payments to the
surviving spouse shall be increased to two hundred eighty-two dollars
for each week until such spouse remarries, and upon such remarriage,
such spouse shall be paid the lump sum of twenty-nine thousand three
hundred fifty-four dollars. In no event shall the total amount payable
for each week under this subdivision exceed two hundred eighty-two
dollars.
13. In the case of a death of a volunteer firefighter, on or after
January first, nineteen hundred seventy-eight and prior to July first,
nineteen hundred seventy-eight, that results from services performed in
the line of duty, if there be surviving a child or children of the
deceased under the age of eighteen years or under the age of twenty-five
years who is enrolled as a full time student in any accredited
educational institution or a dependent blind or physically disabled
child or children of any age, but no surviving spouse, for the support
of such child or children until the age of eighteen years or twenty-five
years, as the case may be, or until the removal of the dependency of
such blind or physically disabled child or children, two hundred
eighty-two dollars, share and share alike, for each week; provided that
the total amount payable for each week under this subdivision shall not
exceed two hundred eighty-two dollars per week.
14. In the case of a death of a volunteer firefighter, on or after
January first, nineteen hundred seventy-eight and prior to July first,
nineteen hundred seventy-eight, that results from services performed in
the line of duty, if there be no surviving spouse or child of the
deceased under the age of eighteen years or under the age of twenty-five
years who is enrolled as a full time student in any accredited
educational institution or dependent blind or physically disabled child
of the deceased of any age, then for the support of grandchildren or
brothers and sisters under the age of eighteen years or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution, if dependent upon the deceased at
the time of the injury, one hundred six dollars for each week for the
support of each such person until the age of eighteen years or
twenty-five years, as the case may be, and for the support of each
parent or grandparent of the deceased, if dependent upon the deceased at
the time of the injury, one hundred sixty-nine dollars for each week
during such dependency, but in no case shall the aggregate amount
payable under this subdivision exceed two hundred eighty-two dollars per
week.
15. In the case of a death of a volunteer firefighter, on or after
July first, nineteen hundred seventy-eight and prior to January first,
nineteen hundred seventy-nine, that results from services performed in
the line of duty, if there be a surviving spouse and no surviving child
of the deceased under the age of eighteen years or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution and no surviving child of any age
dependent blind or physically disabled, to such spouse four hundred six
dollars for each week until remarried, and upon such remarriage the lump
sum of forty-two thousand two hundred seventy dollars.
16. In the case of a death of a volunteer firefighter, on or after
July first, nineteen hundred seventy-eight and prior to January first,
nineteen hundred seventy-nine, that results from services performed in
the line of duty, if there be a surviving spouse and a surviving child
or children of the deceased under the age of eighteen years or under the
age of twenty-five years who is enrolled as a full time student in any
accredited educational institution or a surviving child or children of
any age dependent blind or physically disabled, to such spouse two
hundred twenty-four dollars for each week until remarried, and the
additional amount of one hundred eighty-three dollars for each week for
such child or children, share and share alike, until the age of eighteen
years or under the age of twenty-five years who is enrolled as a full
time student in any accredited educational institution or until the
removal of the dependency of the blind or physically disabled child or
children. In the case of the death of such surviving spouse, the
surviving child or children of the deceased firefighter, at the time
under eighteen years of age or under the age of twenty-five years who is
enrolled as a full time student in any accredited educational
institution or dependent through mental or physical infirmity, shall
have his or their benefit increased to four hundred six dollars for each
week, share and share alike, and the same shall be payable until he or
they shall reach the age of eighteen years or twenty-five years, as the
case may be, or until such dependent blind or physically disabled
condition shall have been removed. Upon the remarriage of such surviving
spouse prior to the statutory termination of benefits to all such
children, such spouse shall be paid the lump sum of twenty three
thousand two hundred forty-eight dollars; and the surviving child shall
continue to receive weekly payments of one hundred eighty-three dollars;
if there be two surviving children, each shall receive one hundred
fifty-two dollars per week; and if there be more than two surviving
children, they shall receive four hundred six dollars per week, share
and share alike; and the same shall be payable until he or they shall
reach the age of eighteen years or twenty-five years, as the case may
be, or until such dependent blind or crippled conditions shall have been
removed. Upon statutory termination of payments to all such children,
the payments to the surviving spouse shall be increased to four hundred
six dollars for each week until such spouse remarries, and upon such
remarriage, such spouse shall be paid the lump sum of forty-two thousand
two hundred seventy dollars. In no event shall the total amount payable
for each week under this subdivision exceed four hundred six dollars.
17. In the case of a death of a volunteer firefighter, on or after
July first, nineteen hundred seventy-eight and prior to January first,
nineteen hundred seventy-nine, that results from services performed in
the line of duty, if there be surviving a child or children of the
deceased under the age of eighteen years or under the age of twenty-five
years who is enrolled as a full time student in any accredited
educational institution or a dependent blind or physically disabled
child or children of any age, but no surviving spouse, for the support
of such child or children until the age of eighteen years or twenty-five
years as the case may be, or until the removal of the dependency of such
blind or physically disabled child or children, four hundred six
dollars, share and share alike, for each week; provided that the total
amount payable for each week under this subdivision shall not exceed
four hundred six dollars per week.
18. In the case of a death of a volunteer firefighter, on or after
July first, nineteen hundred seventy-eight and prior to January first,
nineteen hundred seventy-nine, that results from service performed in
the line of duty, if there be no surviving spouse or child of the
deceased under the age of eighteen years or under the age of twenty-five
years who is enrolled as a full time student in any accredited
educational institution or dependent blind or physically disabled child
of the deceased of any age, then for the support of grandchildren or
brothers and sisters under the age of eighteen years or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution, if dependent upon the deceased at
the time of the injury, one hundred fifty-two dollars for each week for
the support of each such person until the age of eighteen years or
twenty-five years as the case may be, and for the support of each parent
or grandparent of the deceased, if dependent upon the deceased at the
time of the injury, two hundred forty-four dollars for each week during
such dependency, but in no case shall the aggregate amount payable under
this subdivision exceed four hundred six dollars per week.
19. In the case of a death of a volunteer firefighter, on or after
January first, nineteen hundred seventy-nine, that results from services
performed in the line of duty, if there be a surviving spouse and no
surviving child of the deceased under the age of eighteen years or under
the age of twenty-five years who is enrolled as a full time student in
any accredited educational institution and no surviving child of any age
dependent blind or physically disabled, to such spouse four hundred
seventy-seven dollars for each week until remarried, and upon such
remarriage the lump sum of forty-nine thousand five hundred sixty-eight
dollars.
20. In the case of a death of a volunteer firefighter, on or after
January first, nineteen hundred seventy-nine, that results from services
performed in the line of duty, if there be a surviving spouse and a
surviving child or children of the deceased under the age of eighteen
years or under the age of twenty-five years who is enrolled as a full
time student in any accredited educational institution or a surviving
child or children of any age dependent blind or physically disabled, to
such spouse two hundred sixty-three dollars for each week until
remarried, and the additional amount of two hundred fourteen dollars and
fifty cents for each week for such child or children, share and share
alike, until the age of eighteen years or under the age of twenty-five
years who is enrolled as a full time student in any accredited
educational institution or until the removal of the dependency of the
blind or physically disabled child or children. In the case of the death
of such surviving spouse, the surviving child or children of the
deceased firefighter, at the time under eighteen years of age or under
the age of twenty-five years who is enrolled as a full time student in
any accredited educational institution or dependent through mental or
physical infirmity, shall have his or their benefit increased to four
hundred seventy-seven dollars for each week, share and share alike, and
the same shall be payable until he or they shall reach the age of
eighteen years or twenty-five years, as the case may be, or until such
dependent blind or physically disabled condition shall have been
removed. Upon the remarriage of such surviving spouse prior to the
statutory termination of benefits to all such children, such spouse
shall be paid the lump sum of twenty-seven thousand two hundred
fifty-one dollars; and the surviving child shall continue to receive
weekly payments of two hundred fourteen dollars and fifty cents; if
there be two surviving children, each shall receive one hundred
seventy-eight dollars and seventy-four cents per week; and if there be
more than two surviving children, they shall receive four hundred
seventy-seven dollars per week, share and share alike; and the same
shall be payable until he or they shall reach the age of eighteen years
or twenty-five years, as the case may be, or until such dependent blind
or crippled condition shall have been removed. Upon statutory
termination of payments to all such children, the payments to the
surviving spouse shall be increased to four hundred seventy-seven
dollars for each week until such spouse remarries, and upon such
remarriage, such spouse shall be paid the lump sum of forty-nine
thousand five hundred sixty-eight dollars. In no event shall the total
amount payable for each week under this subdivision exceed four hundred
seventy-seven dollars.
21. In the case of a death of a volunteer firefighter, on or after
January first, nineteen hundred seventy-nine, that results from services
performed in the line of duty, if there be surviving a child or children
of the deceased under the age of eighteen years or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution or a dependent blind or physically
disabled child or children of any age, but no surviving spouse, for the
support of such child or children until the age of eighteen years or
twenty-five years as the case may be, or until the removal of the
dependency of such blind or physically disabled child or children, four
hundred seventy-seven dollars, share and share alike, for each week;
provided that the total amount payable for each week under this
subdivision shall not exceed four hundred seventy-seven dollars per
week.
22. In the case of a death of a volunteer firefighter, on or after
January first, nineteen hundred seventy-nine, that results from services
performed in the line of duty, if there be no surviving spouse or child
of the deceased under the age of eighteen years or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution or dependent blind or physically
disabled child of the deceased of any age, then for the support of
grandchildren or brothers and sisters under the age of eighteen years or
under the age of twenty-five years who is enrolled as a full time
student in any accredited educational institution if dependent upon the
deceased at the time of the injury, one hundred seventy-eight dollars
and seventy-four cents for each week for the support of each such person
until the age of eighteen years or twenty-five years as the case may be,
and for the support of each parent or grandparent of the deceased, if
dependent upon the deceased at the time of the injury, two hundred
eighty-six dollars for each week during such dependency, but in no case
shall the aggregate amount payable under this subdivision exceed four
hundred seventy-seven dollars per week.
31. In the case of a death of a volunteer firefighter on or after July
first, nineteen hundred eighty-five, that results from services
performed in the line of duty, if there be a surviving spouse and no
surviving child of the deceased under the age of eighteen years or under
the age of twenty-five years who is enrolled as a full time student in
any accredited educational institution and no surviving child of any age
dependent blind or physically disabled to such spouse six hundred
sixty-five dollars for each week until remarried and upon such
remarriage the lump sum of sixty-nine thousand one hundred sixty-four
dollars.
32. In the case of a death of a volunteer firefighter on or after July
first, nineteen hundred eighty-five, that results from services
performed in the line of duty, if there be a surviving spouse and a
surviving child or children of the deceased under the age of eighteen
years or under the age of twenty-five years who is enrolled as a full
time student in any accredited educational institution or a surviving
child or children of any age dependent blind or physically disabled, to
such spouse three hundred sixty-six dollars for each week until
remarried, and the additional amount of three hundred dollars for each
week for such child or children, share and share alike, until the age of
eighteen years or under the age of twenty-five years who is enrolled as
a full time student in any accredited educational institution or until
the removal of the dependency of the blind or physically disabled child
or children. In the case of the death of such surviving spouse, the
surviving child or children of the deceased firefighter, at the time
under eighteen years of age or under the age of twenty-five years who is
enrolled as a full time student in any accredited educational
institution or dependent through mental or physical infirmity, shall
have his or her benefit increased to six hundred sixty-five dollars, for
each week, share and share alike, and the same shall be payable until he
or she or they shall reach the age of eighteen years or twenty-five
years as the case may be, or until such dependent blind or physically
disabled condition shall have been removed. Upon the remarriage of such
surviving spouse prior to the statutory termination of benefit to all
such children, such spouse shall be paid the lump sum of thirty-eight
thousand forty dollars and the surviving child shall continue to receive
weekly payments of three hundred dollars; if there be two surviving
children, each shall receive two hundred fifty dollars per week; and if
there be more than two surviving children, they shall receive six
hundred sixty-five dollars per week, share and share alike; and the same
shall be payable until he or she or they shall reach the age of eighteen
years or twenty-five years, as the case may be, or until such dependent
blind or physically disabled condition shall have been removed. Upon
statutory termination of payments to all such children, the payments to
the surviving spouse shall be increased to six hundred sixty-five
dollars for each week until such spouse remarries and upon such
remarriage such spouse shall be paid the lump sum of sixty-nine thousand
one hundred sixty-four dollars. In no event shall the total amount
payable for each week under this subdivision exceed six hundred
sixty-five dollars.
33. In the case of a death of a volunteer firefighter on or after July
first, nineteen hundred eighty-five, that results from services
performed in the line of duty, if there be surviving a child or children
of the deceased under the age of eighteen years or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution or a dependent child or physically
disabled child or children of any age, but no surviving spouse, for
support of such child or children until the age of eighteen years or
twenty-five years as the case may be, or until removal of the dependency
of such blind or physically disabled child or children, six hundred
sixty-five dollars share and share alike, for each week; provided that
the total amount payable for each week under this subdivision shall not
exceed six hundred sixty-five dollars per week.
34. In the case of a death of a volunteer firefighter on or after July
first, nineteen hundred eighty-five, that results from services
performed in the line of duty, if there be no surviving spouse or child
of the deceased under the age of eighteen years or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution, or dependent blind or physically
disabled child of the deceased of any age, then for the support of
grandchildren or brothers and sisters under the age of eighteen years or
under the age of twenty-five years who is enrolled as a full time
student in any accredited educational institution if dependent upon the
deceased at the time of the injury, two hundred fifty dollars for each
week for the support of each such person until the age of eighteen years
or twenty-five years as the case may be, and for the support of each
parent or grandparent of the deceased if dependent upon the deceased at
the time of the injury, four hundred dollars for each week during such
dependency but in no case shall the aggregate amount payable under this
subdivision exceed six hundred sixty-five dollars per week.
43. In the case of a death of a volunteer firefighter on or after July
first, nineteen hundred ninety-two, that results from services performed
in the line of duty, if there be a surviving spouse and no surviving
child of the deceased under the age of eighteen or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution and no surviving child of any age
dependent blind or physically disabled, to such spouse eight hundred
eighty-seven dollars for each week until remarried and upon such
remarriage the lump sum of ninety-two thousand two hundred nineteen
dollars.
44. In the case of a death of a volunteer firefighter on or after July
first, nineteen hundred ninety-two, that results from services performed
in the line of duty, if there be a surviving spouse and a surviving
child or children of the deceased under the age of eighteen years or
under the age of twenty-five years who is enrolled as a full time
student in any accredited educational institution or a surviving child
or children of any age dependent blind or physically disabled, to such
spouse four hundred eighty-eight dollars for each week until remarried,
and the additional amount of four hundred dollars for each week for such
child or children, share and share alike, until the age of eighteen
years or under the age of twenty-five years who is enrolled as a full
time student in any accredited educational institution or until the
removal of the dependency of the blind or physically disabled child or
children. In the case of the death of such surviving spouse, the
surviving child or children of the deceased firefighter, at the time
under eighteen years of age or under the age of twenty-five years who is
enrolled as a full time student in any accredited educational
institution or dependent through mental or physical infirmity, shall
have his or her benefit increased to eight hundred eighty-seven dollars,
for each week, share and share alike, and the same shall be payable
until he or she or they shall reach the age of eighteen years or
twenty-five years as the case may be, or until such dependent blind or
physically disabled condition shall have been removed. Upon the
remarriage of such surviving spouse prior to the statutory termination
of benefit to all such children, such spouse shall be paid the lump sum
of fifty thousand seven hundred twenty dollars and the surviving child
shall continue to receive weekly payments of four hundred dollars; if
there be two surviving children, each shall receive three hundred
thirty-three dollars per week; and if there be more than two surviving
children, they shall receive eight hundred eighty-seven dollars per
week, share and share alike; and the same shall be payable until he or
she or they shall reach the age of eighteen years or twenty-five years,
as the case may be, or until such dependent blind or physically disabled
condition shall have been removed. Upon statutory termination of
payments to all such children, the payments to the surviving spouse
shall be increased to eight hundred eighty-seven dollars for each week
until such spouse remarries and upon such remarriage such spouse shall
be paid the lump sum of ninety-two thousand two hundred nineteen
dollars. In no event shall the total amount payable for each week under
this subdivision exceed eight hundred eighty-seven dollars.
45. In the case of a death of a volunteer firefighter on or after July
first, nineteen hundred ninety-two, that results from services performed
in the line of duty, if there be surviving a child or children of the
deceased under the age of eighteen years or under the age of twenty-five
years who is enrolled as a full time student in any accredited
educational institution or a dependent child or physically disabled
child or children of any age, but no surviving spouse, for support of
such child or children until the age of eighteen years or twenty-five
years as the case may be, or until removal of the dependency of such
blind or physically disabled child or children, eight hundred
eighty-seven dollars share and share alike, for each week; provided that
the total amount payable for each week under this subdivision shall not
exceed eight hundred eighty-seven dollars per week.
46. In the case of a death of a volunteer firefighter on or after July
first, nineteen hundred ninety-two, that results from services performed
in the line of duty, if there be no surviving spouse or child of the
deceased under the age of eighteen years or under the age of twenty-five
years who is enrolled as a full time student in any accredited
educational institution, or dependent blind or physically disabled child
of the deceased of any age, then for the support of grandchildren or
brothers and sisters under the age of eighteen years or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution if dependent upon the deceased at the
time of the injury, three hundred thirty-three dollars for each week for
the support of each such person until the age of eighteen years or
twenty-five years as the case may be, and for the support of each parent
or grandparent of the deceased if dependent upon the deceased at the
time of the injury, five hundred thirty-two dollars for each week during
such dependency but in no case shall the aggregate amount payable under
this subdivision exceed eight hundred eighty-seven dollars per week.
program. In the event of death the benefit shall be known as a death
benefit and shall be paid as follows:
1. The reasonable funeral expenses of the deceased volunteer
firefighter shall be paid in an amount not exceeding six thousand seven
hundred dollars; provided however, that such six thousand dollar maximum
shall not apply where a volunteer firefighter dies from injuries
received in the line of duty as a direct result of firefighting. If such
funeral expenses shall have been paid by a person entitled to benefits
under this section or by others, the funeral expenses awarded shall be
made payable to such beneficiary or others; otherwise they shall be
payable to the undertaker who provided the burial. Funeral expenses
shall be awarded in all death cases.
2. If there be a surviving spouse, to such spouse the lump sum of
fifty-six thousand dollars, but if there be no surviving spouse, then to
the executor or administrator of the estate of the volunteer
firefighter, the lump sum of fifty-six thousand dollars. Such sum shall
be in addition to any other benefits provided in this chapter and shall
not be diminished by benefits paid to the volunteer firefighter during
his or her lifetime. Any money paid to an executor or administrator
pursuant to the provisions of this subdivision shall be distributed in
the manner provided by the laws of this state for the distribution of
the personal property of an intestate decedent. Provided, however, that
nothing herein shall be construed as affording a greater benefit for
those volunteer firefighters injured prior to the effective date of this
act, however the spouse or estate of such firefighter shall continue to
be eligible for a benefit in the sum of eleven thousand eighty-four
dollars.
3. If there be a surviving spouse and no surviving child of the
deceased under the age of eighteen years or under the age of twenty-five
years who is enrolled as a full time student in any accredited
educational institution and no surviving child of any age dependent
blind or physically disabled, to such spouse one hundred thirty dollars
for each week until remarried, and upon such remarriage the lump sum of
thirteen thousand one hundred forty-two dollars.
4. If there be a surviving spouse and a surviving child or children of
the deceased under the age of eighteen years or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution or a surviving child or children of
any age dependent blind or physically disabled, to such spouse
ninety-five dollars for each week until remarried, and upon such
remarriage the lump sum of nine thousand eight hundred fifty-six
dollars; and an additional amount of sixty-three dollars for each week
for each such child until the age of eighteen years or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution or until the removal of the
dependency of the blind or physically disabled child or children; in the
case of the subsequent death or remarriage of such surviving spouse any
surviving child of the deceased firefighter, at the time under eighteen
years of age or under the age of twenty-five years who is enrolled as a
full time student in any accredited educational institution or dependent
through mental or physical infirmity, shall have his or her benefit
increased to ninety-five dollars for each week, and the same shall be
payable until he or she shall reach the age of eighteen years or
twenty-five years, as the case may be, or until such dependent blind or
physically disabled condition shall have been removed; provided that the
total amount payable for each week under this subdivision shall in no
case exceed two hundred fifty-three dollars per week. Upon statutory
termination of payments to all such children, the payments to the
surviving spouse shall be increased to one hundred thirty dollars for
each week until such spouse remarries, and upon such remarriage, such
spouse shall be paid the lump sum of twelve thousand thirty-three
dollars.
5. If there be surviving child or children of the deceased under the
age of eighteen years or under the age of twenty-five years who is
enrolled as a full time student in any accredited educational
institution or a dependent blind or physically disabled child or
children of any age, but no surviving spouse, for the support of each
such child until the age of eighteen years or twenty-five years as the
case may be, or until the removal of the dependency of such blind or
physically disabled child or children, ninety-five dollars for each
week; provided that the total amount payable for each week under this
subdivision shall not exceed two hundred fifty-three dollars per week.
6. If there be no surviving spouse, or child of the deceased under the
age of eighteen years, or under the age of twenty-five years who is
enrolled as a full time student in any accredited educational
institution or dependent blind or physically disabled child of the
deceased of any age, or if the amount payable for each week to the
surviving spouse and to children under the age of eighteen years or
under the age of twenty-five years who is enrolled as a full time
student in any accredited educational institution or such dependent
blind or physically disabled children shall be less in the aggregate
than two hundred fifty-three dollars per week, for the support of
grandchildren or brothers and sisters under the age of eighteen years,
or under the age of twenty-five years who is enrolled as a full time
student in any accredited educational institution if dependent upon the
deceased at the time of the injury, seventy-nine dollars for each week
for the support of each such person until the age of eighteen years or
twenty-five years as the case may be, and for the support of each parent
or grandparent, of the deceased if dependent upon him at the time of the
injury one hundred thirty dollars for each week during such dependency,
but in no case shall the aggregate amount payable under this subdivision
exceed the difference between two hundred fifty-three dollars and the
amount payable for each week as hereinbefore provided to the surviving
spouse or for the support of a surviving child or children.
7. If any person under the age of eighteen years is an inmate of any
institution and a public charge upon the state or any political
subdivision, the benefits allowed hereunder shall be payable to the
state or political subdivision to the extent of the reasonable charges
for care and maintenance, during the continuance as a public charge in
such institution of such beneficiary and until he shall have attained
the age of eighteen years. Any sum or sums remaining after such payments
shall be distributed as provided in this section.
8. The term "dependent blind or physically disabled", as used in this
section in relation to dependent children, means totally blind or
physically disabled dependent children whose disablement is total and
permanent.
9. All questions of dependency shall be determined as of the time of
the injury.
10. The workers' compensation board may in its discretion require the
appointment of a guardian for the purpose of receiving benefits payable
to a minor child or a dependent blind or physically disabled child. In
the absence of such a requirement by such board the appointment of a
guardian for such purposes shall not be necessary.
11. In the case of a death of a volunteer firefighter, on or after
January first, nineteen hundred seventy-eight and prior to July first,
nineteen hundred seventy-eight, that results from services performed in
the line of duty, if there be a surviving spouse and no surviving child
of the deceased under the age of eighteen years or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution and no surviving child of any age
dependent blind or physically disabled, to such spouse two hundred
eighty-two dollars for each week until remarried, and upon such
remarriage the lump sum of twenty-nine thousand three hundred fifty-four
dollars.
12. In the case of a death of a volunteer firefighter, on or after
January first, nineteen hundred seventy-eight and prior to July first,
nineteen hundred seventy-eight, that results from services performed in
the line of duty, if there be a surviving spouse and a surviving child
or children of the deceased under the age of eighteen years or under the
age of twenty-five years who is enrolled as a full time student in any
accredited educational institution or a surviving child or children of
any age dependent blind or physically disabled, to such spouse one
hundred fifty-six dollars for each week until remarried, and the
additional amount of one hundred thirty dollars for each week for such
child or children, share and share alike, until the age of eighteen
years or under the age of twenty-five years who is enrolled as a full
time student in any accredited educational institution or until the
removal of the dependency of the blind or physically disabled child or
children. In the case of the death of such surviving spouse, the
surviving child or children of the deceased firefighter, at the time
under eighteen years of age or under the age of twenty-five years who is
enrolled as a full time student in any accredited educational
institution or dependent through mental or physical infirmity, shall
have his or their benefit increased to two hundred eighty-two dollars
for each week, share and share alike, and the same shall be payable
until he or they shall reach the age of eighteen years or twenty-five
years, as the case may be, or until such dependent blind or physically
disabled condition shall have been removed. Upon the remarriage of such
surviving spouse prior to the statutory termination of benefits to all
such children, such spouse shall be paid the lump sum of sixteen
thousand one hundred forty-five dollars; and the surviving child shall
continue to receive weekly payments of one hundred thirty dollars; if
there be two surviving children, each shall receive one hundred six
dollars per week; and if there be more than two surviving children, they
shall receive two hundred eighty-two dollars per week, share and share
alike; and the same shall be payable until he or they shall reach the
age of eighteen years or twenty-five years, as the case may be, or until
such dependent blind or crippled condition shall have been removed. Upon
statutory termination of payments to all children, the payments to the
surviving spouse shall be increased to two hundred eighty-two dollars
for each week until such spouse remarries, and upon such remarriage,
such spouse shall be paid the lump sum of twenty-nine thousand three
hundred fifty-four dollars. In no event shall the total amount payable
for each week under this subdivision exceed two hundred eighty-two
dollars.
13. In the case of a death of a volunteer firefighter, on or after
January first, nineteen hundred seventy-eight and prior to July first,
nineteen hundred seventy-eight, that results from services performed in
the line of duty, if there be surviving a child or children of the
deceased under the age of eighteen years or under the age of twenty-five
years who is enrolled as a full time student in any accredited
educational institution or a dependent blind or physically disabled
child or children of any age, but no surviving spouse, for the support
of such child or children until the age of eighteen years or twenty-five
years, as the case may be, or until the removal of the dependency of
such blind or physically disabled child or children, two hundred
eighty-two dollars, share and share alike, for each week; provided that
the total amount payable for each week under this subdivision shall not
exceed two hundred eighty-two dollars per week.
14. In the case of a death of a volunteer firefighter, on or after
January first, nineteen hundred seventy-eight and prior to July first,
nineteen hundred seventy-eight, that results from services performed in
the line of duty, if there be no surviving spouse or child of the
deceased under the age of eighteen years or under the age of twenty-five
years who is enrolled as a full time student in any accredited
educational institution or dependent blind or physically disabled child
of the deceased of any age, then for the support of grandchildren or
brothers and sisters under the age of eighteen years or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution, if dependent upon the deceased at
the time of the injury, one hundred six dollars for each week for the
support of each such person until the age of eighteen years or
twenty-five years, as the case may be, and for the support of each
parent or grandparent of the deceased, if dependent upon the deceased at
the time of the injury, one hundred sixty-nine dollars for each week
during such dependency, but in no case shall the aggregate amount
payable under this subdivision exceed two hundred eighty-two dollars per
week.
15. In the case of a death of a volunteer firefighter, on or after
July first, nineteen hundred seventy-eight and prior to January first,
nineteen hundred seventy-nine, that results from services performed in
the line of duty, if there be a surviving spouse and no surviving child
of the deceased under the age of eighteen years or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution and no surviving child of any age
dependent blind or physically disabled, to such spouse four hundred six
dollars for each week until remarried, and upon such remarriage the lump
sum of forty-two thousand two hundred seventy dollars.
16. In the case of a death of a volunteer firefighter, on or after
July first, nineteen hundred seventy-eight and prior to January first,
nineteen hundred seventy-nine, that results from services performed in
the line of duty, if there be a surviving spouse and a surviving child
or children of the deceased under the age of eighteen years or under the
age of twenty-five years who is enrolled as a full time student in any
accredited educational institution or a surviving child or children of
any age dependent blind or physically disabled, to such spouse two
hundred twenty-four dollars for each week until remarried, and the
additional amount of one hundred eighty-three dollars for each week for
such child or children, share and share alike, until the age of eighteen
years or under the age of twenty-five years who is enrolled as a full
time student in any accredited educational institution or until the
removal of the dependency of the blind or physically disabled child or
children. In the case of the death of such surviving spouse, the
surviving child or children of the deceased firefighter, at the time
under eighteen years of age or under the age of twenty-five years who is
enrolled as a full time student in any accredited educational
institution or dependent through mental or physical infirmity, shall
have his or their benefit increased to four hundred six dollars for each
week, share and share alike, and the same shall be payable until he or
they shall reach the age of eighteen years or twenty-five years, as the
case may be, or until such dependent blind or physically disabled
condition shall have been removed. Upon the remarriage of such surviving
spouse prior to the statutory termination of benefits to all such
children, such spouse shall be paid the lump sum of twenty three
thousand two hundred forty-eight dollars; and the surviving child shall
continue to receive weekly payments of one hundred eighty-three dollars;
if there be two surviving children, each shall receive one hundred
fifty-two dollars per week; and if there be more than two surviving
children, they shall receive four hundred six dollars per week, share
and share alike; and the same shall be payable until he or they shall
reach the age of eighteen years or twenty-five years, as the case may
be, or until such dependent blind or crippled conditions shall have been
removed. Upon statutory termination of payments to all such children,
the payments to the surviving spouse shall be increased to four hundred
six dollars for each week until such spouse remarries, and upon such
remarriage, such spouse shall be paid the lump sum of forty-two thousand
two hundred seventy dollars. In no event shall the total amount payable
for each week under this subdivision exceed four hundred six dollars.
17. In the case of a death of a volunteer firefighter, on or after
July first, nineteen hundred seventy-eight and prior to January first,
nineteen hundred seventy-nine, that results from services performed in
the line of duty, if there be surviving a child or children of the
deceased under the age of eighteen years or under the age of twenty-five
years who is enrolled as a full time student in any accredited
educational institution or a dependent blind or physically disabled
child or children of any age, but no surviving spouse, for the support
of such child or children until the age of eighteen years or twenty-five
years as the case may be, or until the removal of the dependency of such
blind or physically disabled child or children, four hundred six
dollars, share and share alike, for each week; provided that the total
amount payable for each week under this subdivision shall not exceed
four hundred six dollars per week.
18. In the case of a death of a volunteer firefighter, on or after
July first, nineteen hundred seventy-eight and prior to January first,
nineteen hundred seventy-nine, that results from service performed in
the line of duty, if there be no surviving spouse or child of the
deceased under the age of eighteen years or under the age of twenty-five
years who is enrolled as a full time student in any accredited
educational institution or dependent blind or physically disabled child
of the deceased of any age, then for the support of grandchildren or
brothers and sisters under the age of eighteen years or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution, if dependent upon the deceased at
the time of the injury, one hundred fifty-two dollars for each week for
the support of each such person until the age of eighteen years or
twenty-five years as the case may be, and for the support of each parent
or grandparent of the deceased, if dependent upon the deceased at the
time of the injury, two hundred forty-four dollars for each week during
such dependency, but in no case shall the aggregate amount payable under
this subdivision exceed four hundred six dollars per week.
19. In the case of a death of a volunteer firefighter, on or after
January first, nineteen hundred seventy-nine, that results from services
performed in the line of duty, if there be a surviving spouse and no
surviving child of the deceased under the age of eighteen years or under
the age of twenty-five years who is enrolled as a full time student in
any accredited educational institution and no surviving child of any age
dependent blind or physically disabled, to such spouse four hundred
seventy-seven dollars for each week until remarried, and upon such
remarriage the lump sum of forty-nine thousand five hundred sixty-eight
dollars.
20. In the case of a death of a volunteer firefighter, on or after
January first, nineteen hundred seventy-nine, that results from services
performed in the line of duty, if there be a surviving spouse and a
surviving child or children of the deceased under the age of eighteen
years or under the age of twenty-five years who is enrolled as a full
time student in any accredited educational institution or a surviving
child or children of any age dependent blind or physically disabled, to
such spouse two hundred sixty-three dollars for each week until
remarried, and the additional amount of two hundred fourteen dollars and
fifty cents for each week for such child or children, share and share
alike, until the age of eighteen years or under the age of twenty-five
years who is enrolled as a full time student in any accredited
educational institution or until the removal of the dependency of the
blind or physically disabled child or children. In the case of the death
of such surviving spouse, the surviving child or children of the
deceased firefighter, at the time under eighteen years of age or under
the age of twenty-five years who is enrolled as a full time student in
any accredited educational institution or dependent through mental or
physical infirmity, shall have his or their benefit increased to four
hundred seventy-seven dollars for each week, share and share alike, and
the same shall be payable until he or they shall reach the age of
eighteen years or twenty-five years, as the case may be, or until such
dependent blind or physically disabled condition shall have been
removed. Upon the remarriage of such surviving spouse prior to the
statutory termination of benefits to all such children, such spouse
shall be paid the lump sum of twenty-seven thousand two hundred
fifty-one dollars; and the surviving child shall continue to receive
weekly payments of two hundred fourteen dollars and fifty cents; if
there be two surviving children, each shall receive one hundred
seventy-eight dollars and seventy-four cents per week; and if there be
more than two surviving children, they shall receive four hundred
seventy-seven dollars per week, share and share alike; and the same
shall be payable until he or they shall reach the age of eighteen years
or twenty-five years, as the case may be, or until such dependent blind
or crippled condition shall have been removed. Upon statutory
termination of payments to all such children, the payments to the
surviving spouse shall be increased to four hundred seventy-seven
dollars for each week until such spouse remarries, and upon such
remarriage, such spouse shall be paid the lump sum of forty-nine
thousand five hundred sixty-eight dollars. In no event shall the total
amount payable for each week under this subdivision exceed four hundred
seventy-seven dollars.
21. In the case of a death of a volunteer firefighter, on or after
January first, nineteen hundred seventy-nine, that results from services
performed in the line of duty, if there be surviving a child or children
of the deceased under the age of eighteen years or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution or a dependent blind or physically
disabled child or children of any age, but no surviving spouse, for the
support of such child or children until the age of eighteen years or
twenty-five years as the case may be, or until the removal of the
dependency of such blind or physically disabled child or children, four
hundred seventy-seven dollars, share and share alike, for each week;
provided that the total amount payable for each week under this
subdivision shall not exceed four hundred seventy-seven dollars per
week.
22. In the case of a death of a volunteer firefighter, on or after
January first, nineteen hundred seventy-nine, that results from services
performed in the line of duty, if there be no surviving spouse or child
of the deceased under the age of eighteen years or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution or dependent blind or physically
disabled child of the deceased of any age, then for the support of
grandchildren or brothers and sisters under the age of eighteen years or
under the age of twenty-five years who is enrolled as a full time
student in any accredited educational institution if dependent upon the
deceased at the time of the injury, one hundred seventy-eight dollars
and seventy-four cents for each week for the support of each such person
until the age of eighteen years or twenty-five years as the case may be,
and for the support of each parent or grandparent of the deceased, if
dependent upon the deceased at the time of the injury, two hundred
eighty-six dollars for each week during such dependency, but in no case
shall the aggregate amount payable under this subdivision exceed four
hundred seventy-seven dollars per week.
31. In the case of a death of a volunteer firefighter on or after July
first, nineteen hundred eighty-five, that results from services
performed in the line of duty, if there be a surviving spouse and no
surviving child of the deceased under the age of eighteen years or under
the age of twenty-five years who is enrolled as a full time student in
any accredited educational institution and no surviving child of any age
dependent blind or physically disabled to such spouse six hundred
sixty-five dollars for each week until remarried and upon such
remarriage the lump sum of sixty-nine thousand one hundred sixty-four
dollars.
32. In the case of a death of a volunteer firefighter on or after July
first, nineteen hundred eighty-five, that results from services
performed in the line of duty, if there be a surviving spouse and a
surviving child or children of the deceased under the age of eighteen
years or under the age of twenty-five years who is enrolled as a full
time student in any accredited educational institution or a surviving
child or children of any age dependent blind or physically disabled, to
such spouse three hundred sixty-six dollars for each week until
remarried, and the additional amount of three hundred dollars for each
week for such child or children, share and share alike, until the age of
eighteen years or under the age of twenty-five years who is enrolled as
a full time student in any accredited educational institution or until
the removal of the dependency of the blind or physically disabled child
or children. In the case of the death of such surviving spouse, the
surviving child or children of the deceased firefighter, at the time
under eighteen years of age or under the age of twenty-five years who is
enrolled as a full time student in any accredited educational
institution or dependent through mental or physical infirmity, shall
have his or her benefit increased to six hundred sixty-five dollars, for
each week, share and share alike, and the same shall be payable until he
or she or they shall reach the age of eighteen years or twenty-five
years as the case may be, or until such dependent blind or physically
disabled condition shall have been removed. Upon the remarriage of such
surviving spouse prior to the statutory termination of benefit to all
such children, such spouse shall be paid the lump sum of thirty-eight
thousand forty dollars and the surviving child shall continue to receive
weekly payments of three hundred dollars; if there be two surviving
children, each shall receive two hundred fifty dollars per week; and if
there be more than two surviving children, they shall receive six
hundred sixty-five dollars per week, share and share alike; and the same
shall be payable until he or she or they shall reach the age of eighteen
years or twenty-five years, as the case may be, or until such dependent
blind or physically disabled condition shall have been removed. Upon
statutory termination of payments to all such children, the payments to
the surviving spouse shall be increased to six hundred sixty-five
dollars for each week until such spouse remarries and upon such
remarriage such spouse shall be paid the lump sum of sixty-nine thousand
one hundred sixty-four dollars. In no event shall the total amount
payable for each week under this subdivision exceed six hundred
sixty-five dollars.
33. In the case of a death of a volunteer firefighter on or after July
first, nineteen hundred eighty-five, that results from services
performed in the line of duty, if there be surviving a child or children
of the deceased under the age of eighteen years or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution or a dependent child or physically
disabled child or children of any age, but no surviving spouse, for
support of such child or children until the age of eighteen years or
twenty-five years as the case may be, or until removal of the dependency
of such blind or physically disabled child or children, six hundred
sixty-five dollars share and share alike, for each week; provided that
the total amount payable for each week under this subdivision shall not
exceed six hundred sixty-five dollars per week.
34. In the case of a death of a volunteer firefighter on or after July
first, nineteen hundred eighty-five, that results from services
performed in the line of duty, if there be no surviving spouse or child
of the deceased under the age of eighteen years or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution, or dependent blind or physically
disabled child of the deceased of any age, then for the support of
grandchildren or brothers and sisters under the age of eighteen years or
under the age of twenty-five years who is enrolled as a full time
student in any accredited educational institution if dependent upon the
deceased at the time of the injury, two hundred fifty dollars for each
week for the support of each such person until the age of eighteen years
or twenty-five years as the case may be, and for the support of each
parent or grandparent of the deceased if dependent upon the deceased at
the time of the injury, four hundred dollars for each week during such
dependency but in no case shall the aggregate amount payable under this
subdivision exceed six hundred sixty-five dollars per week.
43. In the case of a death of a volunteer firefighter on or after July
first, nineteen hundred ninety-two, that results from services performed
in the line of duty, if there be a surviving spouse and no surviving
child of the deceased under the age of eighteen or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution and no surviving child of any age
dependent blind or physically disabled, to such spouse eight hundred
eighty-seven dollars for each week until remarried and upon such
remarriage the lump sum of ninety-two thousand two hundred nineteen
dollars.
44. In the case of a death of a volunteer firefighter on or after July
first, nineteen hundred ninety-two, that results from services performed
in the line of duty, if there be a surviving spouse and a surviving
child or children of the deceased under the age of eighteen years or
under the age of twenty-five years who is enrolled as a full time
student in any accredited educational institution or a surviving child
or children of any age dependent blind or physically disabled, to such
spouse four hundred eighty-eight dollars for each week until remarried,
and the additional amount of four hundred dollars for each week for such
child or children, share and share alike, until the age of eighteen
years or under the age of twenty-five years who is enrolled as a full
time student in any accredited educational institution or until the
removal of the dependency of the blind or physically disabled child or
children. In the case of the death of such surviving spouse, the
surviving child or children of the deceased firefighter, at the time
under eighteen years of age or under the age of twenty-five years who is
enrolled as a full time student in any accredited educational
institution or dependent through mental or physical infirmity, shall
have his or her benefit increased to eight hundred eighty-seven dollars,
for each week, share and share alike, and the same shall be payable
until he or she or they shall reach the age of eighteen years or
twenty-five years as the case may be, or until such dependent blind or
physically disabled condition shall have been removed. Upon the
remarriage of such surviving spouse prior to the statutory termination
of benefit to all such children, such spouse shall be paid the lump sum
of fifty thousand seven hundred twenty dollars and the surviving child
shall continue to receive weekly payments of four hundred dollars; if
there be two surviving children, each shall receive three hundred
thirty-three dollars per week; and if there be more than two surviving
children, they shall receive eight hundred eighty-seven dollars per
week, share and share alike; and the same shall be payable until he or
she or they shall reach the age of eighteen years or twenty-five years,
as the case may be, or until such dependent blind or physically disabled
condition shall have been removed. Upon statutory termination of
payments to all such children, the payments to the surviving spouse
shall be increased to eight hundred eighty-seven dollars for each week
until such spouse remarries and upon such remarriage such spouse shall
be paid the lump sum of ninety-two thousand two hundred nineteen
dollars. In no event shall the total amount payable for each week under
this subdivision exceed eight hundred eighty-seven dollars.
45. In the case of a death of a volunteer firefighter on or after July
first, nineteen hundred ninety-two, that results from services performed
in the line of duty, if there be surviving a child or children of the
deceased under the age of eighteen years or under the age of twenty-five
years who is enrolled as a full time student in any accredited
educational institution or a dependent child or physically disabled
child or children of any age, but no surviving spouse, for support of
such child or children until the age of eighteen years or twenty-five
years as the case may be, or until removal of the dependency of such
blind or physically disabled child or children, eight hundred
eighty-seven dollars share and share alike, for each week; provided that
the total amount payable for each week under this subdivision shall not
exceed eight hundred eighty-seven dollars per week.
46. In the case of a death of a volunteer firefighter on or after July
first, nineteen hundred ninety-two, that results from services performed
in the line of duty, if there be no surviving spouse or child of the
deceased under the age of eighteen years or under the age of twenty-five
years who is enrolled as a full time student in any accredited
educational institution, or dependent blind or physically disabled child
of the deceased of any age, then for the support of grandchildren or
brothers and sisters under the age of eighteen years or under the age of
twenty-five years who is enrolled as a full time student in any
accredited educational institution if dependent upon the deceased at the
time of the injury, three hundred thirty-three dollars for each week for
the support of each such person until the age of eighteen years or
twenty-five years as the case may be, and for the support of each parent
or grandparent of the deceased if dependent upon the deceased at the
time of the injury, five hundred thirty-two dollars for each week during
such dependency but in no case shall the aggregate amount payable under
this subdivision exceed eight hundred eighty-seven dollars per week.