(1) If the director determines that an eligible seasonal wildland firefighter has died as the direct and proximate result of a personal injury sustained in the line of duty in Colorado, the division shall pay a benefit of ten thousand dollars as follows, if the payee indicated is living on the date on which the determination is made:
If there is no child who survived the seasonal wildland firefighter, to the survivingspouse of the seasonal wildland firefighter;
If there is at least one child who survived the seasonal wildland firefighter and asurviving spouse of the seasonal wildland firefighter, fifty percent to the surviving child or children, in equal shares, and fifty percent to the surviving spouse;
If there is no surviving spouse of the seasonal wildland firefighter, to the survivingchild or children, in equal shares;
If there is no surviving spouse of the seasonal wildland firefighter and no survivingchild:
To the surviving individual or individuals designated by the seasonal wildland firefighter in the most recently executed designation of beneficiary on file at the time of death with the governing body or state agency, apportioned in accordance with the designation of beneficiary or, if apportionment is not indicated, in equal shares; or
If there is no individual qualifying under subparagraph (I) of this paragraph (d), tothe surviving beneficiaries under the most recently executed life insurance policy of the seasonal wildland firefighter on file at the time of death with the governing body or state agency, apportioned in accordance with the insurance policy or, if apportionment is not indicated, in equal shares;
(e) If there is no individual qualifying under paragraph (a), (b), (c), or (d) of this subsection (1), to the surviving parent or parents, in equal shares, of the seasonal wildland firefighter.
(2) (a) Eligibility for payment in accordance with subsection (1) of this section also extends to the survivor or survivors of a seasonal wildland firefighter who dies after separation from service with the governing agency body or state agency if the death resulted from an injury sustained in the line of duty in Colorado.
(b) For purposes of this section, notwithstanding section 24-33.5-1202 (12.5), while not employees or volunteers of the department of corrections or the state, "seasonal wildland fighter" also includes members of the Colorado correctional industries' state wildland inmate fire team crews, also known as "SWIFT" crews. Any compensation made for the death of a "SWIFT" crew member shall be the exclusive remedy from the state, any state entity, or any state employee for the death.
(3) No benefit shall be paid under this section if:
The fatal or catastrophic injury was caused by the intentional misconduct of the seasonal wildland firefighter or by his or her intention to bring about his or her own death, disability, or injury; or
The seasonal wildland firefighter was voluntarily intoxicated or under the influenceof an illegal substance at the time of his or her fatal or catastrophic injury.
(4) (a) The director may make payments under this section from any fund the director administers, and that fund will be reimbursed by a regular or supplemental appropriation by the general assembly. The division is also authorized to purchase a group life insurance policy to provide benefits in accordance with this section.
(b) A payment under this section cannot be used to offset or reduce payments available from any other source, including a public disability plan or insurance plan, private disability plan or insurance plan, or benefits provided under Colorado's workers' compensation law.
(5) The director may adopt rules as necessary to implement this section.
Source: L. 2014: Entire section added, (SB 14-047), ch. 41, p. 207, § 4, effective March 20.
Cross references: For the legislative declaration in SB 14-047, see section 1 of chapter 41, Session Laws of Colorado 2014.