Arizona SB 1136: public works; contracts; payments

Bill Text

Chapter 0146 - 572R - S Ver of SB1136 

 Senate Engrossed

 workers' 
 compensation; death benefits; remarriage

 State of Arizona

 Senate

 Fifty-seventh Legislature

 Second Regular Session

 2026

 CHAPTER 146

 SENATE BILL 1136

AN 
ACT

amending section 23-1046, arizona 
revised statutes; relating to workers' compensation.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 23-1046, Arizona Revised 
Statutes, is amended to read:

START_STATUTE23-1046. Death benefits; definition

A. In case of an injury causing death, the 
compensation therefor shall be known as a death benefit and shall be payable in 
the amount, for the period, and to and for the benefit of the following:

1. Burial expenses, of not to exceed five thousand dollars more than $5,000, 
in addition to the compensation.

2. To the surviving spouse, if there are no 
children, sixty-six and two-thirds per cent percent of the average monthly wage of the deceased, to be paid 
until such spouse's death or remarriage, with two years' compensation in one 
sum upon on remarriage. To 
the surviving spouse if there are surviving children, thirty-five per cent percent of the average monthly 
wage of the deceased, to be paid until such spouse's death or remarriage with 
two years' compensation in one sum upon on remarriage, 
and to the surviving children, an additional thirty-one and two-thirds 
per cent percent of the average 
monthly wage, to be divided equally among them until the age of 
eighteen years of age, until the age of 
twenty-two years of age if the child is enrolled as 
a full-time student in any accredited educational institution, or if over 
eighteen years of age and incapable of self-support 
when the child becomes capable of self-support. When all 
surviving children are no longer eligible for benefits, the surviving spouse's 
benefits shall be paid as if there were no children. In the event of 
the subsequent death or remarriage of the surviving spouse, the surviving 
child's or children's benefits shall be computed pursuant to paragraph 3 4 of this subsection.

3. To the surviving spouse of a first 
responder, if there are no children, sixty-six and two-thirds 
percent of the average monthly wage of the deceased, to be paid until the 
spouse's death. To the surviving spouse if there are surviving 
children, thirty-five percent of the average monthly wage of the 
deceased, to be paid until the spouse's death and to the surviving children, an 
additional thirty-one and two-thirds percent of the average MONTHLY 
wage, to be divided equally among the surviving children until eighteen years 
of age, until twenty-two years of age if the child is enrolled as a full-time 
student in any accredited educational institution, or if over eighteen years of 
age and incapable of self-support when the child becomes capable of self-support. When 
all surviving children are no longer eligible for benefits, the surviving 
spouse's benefits shall be paid as if there were no children. In the 
event of the subsequent death of the surviving spouse, the surviving child's or 
children's benefits shall be computed pursuant to paragraph 5 of this 
subsection.

3. 4. To a single surviving child, in the case of the 
subsequent death or remarriage of a surviving husband or wife, or if there is 
no surviving husband or wife, sixty-six and two-thirds per cent percent of the average monthly 
wage of the deceased, or if there is more than one surviving child, sixty-six 
and two-thirds per cent percent 
to be divided equally among the surviving children. Compensation to 
any such child shall cease upon on death, 
upon on marriage or upon 
on reaching the age of eighteen 
years of age, except, if over eighteen years of age and incapable of self-support, when he 
the child becomes capable of self-support, or if 
over eighteen years of age and enrolled as a full-time student in any 
accredited educational institution, when the child reaches age 
twenty-two years of age.

5. To a single surviving child of a 
first responder, in the case of the subsequent death of the surviving husband 
or wife, or if there is no surviving husband or wife, sixty-six and two-thirds 
percent of the average monthly wage of the deceased, or if there is more than 
one surviving child, sixty-six and two-thirds percent to be divided 
equally among the surviving children.� Compensation to any such child shall 
cease on death, on marriage or on reaching eighteen years of age, except, if 
over eighteen years of age and incapable of self-support, when the child 
becomes capable of self-support, or if over eighteen years of age and 
enrolled as a full-time student in any accredited educational 
INSTITUTION, when the child reaches twenty-two years of age.

4. 6. To 
a parent, if there is no surviving husband, wife or child under the 
age of eighteen years of age, if wholly dependent 
for support upon on the deceased 
employee at the time