(1) Except as otherwise provided in subsection (4) of this section, if a fire department member dies from injuries received while in the line of duty as a volunteer firefighter and leaves a surviving spouse, the board shall pay the surviving spouse a monthly annuity either in an amount the board deems proper and necessary, but not more than one-half the amount paid by the board pursuant to section 31-30-1122 (1) or two hundred twenty-five dollars, whichever is greater, or within limits prescribed by municipal ordinance or by rules of the board of the affected municipality or district. The annuity shall cease if the surviving spouse remarries. Dissolution of a subsequent marriage does not reinstate the annuity.
Except as otherwise provided in subsection (4) of this section, if there is no survivingspouse as provided in subsection (1) of this section but there is a surviving child of the deceased volunteer firefighter under eighteen years of age, the board shall pay a monthly annuity either in an amount the board deems proper or necessary, but not more than one-half the amount paid by the board pursuant to section 31-30-1122 (1) or two hundred twenty-five dollars, whichever is greater, or within limits prescribed by municipal ordinance or by rules of the board of the affected municipality or district. The board shall pay this annuity to the guardian of the child on behalf of the child. The annuity shall cease when the child is eighteen years of age.
Except as otherwise provided in subsection (4) of this section, if there is no survivingspouse or child as provided in subsections (1) and (2) of this section but there is a surviving dependent parent of the deceased volunteer firefighter, the board shall pay the dependent parent a monthly annuity either in an amount the board deems proper and necessary, but not more than one-half the amount paid by the board pursuant to section 31-30-1122 (1) or two hundred twenty-five dollars, whichever is greater, or within limits prescribed by municipal ordinance or by rules of the board of the affected municipality or district. The annuity shall cease if the dependent parent remarries. Dissolution of a subsequent marriage does not reinstate the annuity.
The benefits under this section:
Are in addition to the educational benefits under section 23-3.3-205, C.R.S.;
Do not apply if the optional survivor benefits under section 31-30-1128 are provided;and
May be increased in the same manner as postretirement benefit increases as providedin section 31-30-1122 (3), subject to the state contribution limit set forth in section 31-30-1112 (2).
Source: L. 95: Entire part added, p. 1377, § 2, effective June 5. L. 98: Entire section amended, p. 809, § 6, effective May 26. L. 2002: (4)(c) amended, p. 506, § 3, effective July 1.