death benefits; burial costs, the official text

Senate Engrossed

death benefits;
burial costs

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SENATE BILL 1135

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

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 $10,000,
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 of
this subsection.

3. 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.

4. 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 of [his]
the employee's death, twenty-five [per
cent] percent of the average monthly wage of the
deceased during dependency, with an added allowance of fifteen [per
cent] percent if two dependent parents survive,
and, if neither parent is wholly dependent, but one or both partly dependent,
fifteen [per cent] percent divided
between them share and share alike.

5. To brothers or sisters under [the
age of] eighteen years of age, if there is no
surviving husband or wife, dependent children under [the age of]
eighteen years of age or dependent parent, the following
shall govern:

(a) If one of the brothers or sisters is wholly
dependent [upon] on the deceased
employee for support at the time of injury causing death, twenty-five per cent percent of the average monthly
wage until [the age of] eighteen years of age.

(b) If more than one brother or sister is wholly
dependent, thirty-five [per cent] percent
of the average monthly wage at the time of injury causing death, divided among
such dependents share and share alike.

(c) If none of the brothers or sisters is wholly
dependent, but one or more are partly dependent, fifteen [per cent]
percent divided among such dependents share and share
alike.

B. If the deceased employee leaves dependents only
partially dependent [upon his] on the
deceased employee's earnings for support at the time of the injury, the
monthly compensation shall be equal to such proportion of the monthly payments
for the benefit of persons totally dependent as the amount contributed by the
employee to such partial dependents bears to the average wage of the deceased
at the time of the injury resulting in [his] the
employee's death. The duration of compensation to partial
dependents shall be fixed by the commission in accordance with the facts shown,
and in accordance with [the provisions of] section 23-1047,
but [shall in no case] may not exceed
compensation for one hundred months.

C. In the event of death of a dependent before
expiration of the time named in the award, the funeral expenses of such person,
of not [to exceed eight hundred dollars]
more than $800, shall be paid. END_STATUTE