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All of the benefit information below has been complied by COPS, a support group for police survivors.
STATE OF ARIZONA
DEATH BENEFITS
To obtain certified copies of registered personal documents, contact the Department of
Health Records, Vital Records Section, P. O. Box 3887, Phoenix, AZ 85030, (602)542-
1080 for birth certificates, (602)262-3253 for marriage and death certificates.
In Arizona, line-of-duty death benefits come from basically four sources: statutes relating to
the Peace Officers’ Memorial, statutes relating to the Public Safety Retirement System,
statutes relating to Workers’ Compensation and from private sector sources. Each of these
areas may have a different definition of “line-of-duty death” and of eligibility for the benefit.
STATE DEATH BENEFIT PAYMENTS
Section 23-1046.
In case of an injury causing death, the compensation thereof shall be known as a death
benefit. These benefits are provided through Workers’ Compensation or the State
Compensation Fund. Refer to the following section under Worker’s Compensation.
STATE PENSION BENEFITS
Section 38-846.
A. If the spouse of a member or retired member is surviving at such member’s death, he or
she shall be eligible for a surviving spouse’s pension, provided that such spouse had been
married to the descendent either for a period of at least two years prior to such member’s
date of death or during such member’s service. Payment of a surviving spouse’s pension
shall commence as of the first day of the month following the member’s or retired
member’s date of death. The last payment shall be made as of the first day of the month in
which the surviving spouse’s death occurs.
B. The surviving spouse of a deceased retired member shall receive a monthly amount equal
to two-thirds of the monthly amount of pension which the decedent would have
received immediately before death. The surviving spouse of a deceased member who was
not killed in the line of duty or did not die from injuries suffered in the line of duty shall
receive a monthly amount computed as for the surviving spouse of a deceased retired
member, under the assumption that the member had retired for reason of accidental
disability immediately before death. The surviving spouse of a deceased member who is
killed in the line of duty or dies from injuries suffered in the line of duty is entitled to
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receive a monthly amount computed as for the surviving spouse of a deceased retired
member under the assumption that the member had retired for reason of accidental
disability immediately before death, except that the monthly amount equals one hundred
percent of the monthly amount of pension that the decedent would have received less any
amount payable for an eligible child under this section. A member who was eligible for or
receiving a temporary disability pension at the time of his death is not deemed to be retired
for purposes of this subsection.
C. If at least one eligible child is surviving at the death of a member or retired member, but
no surviving spouse’s pension then becomes payable, a guardian’s or conservator’s
pension shall be payable to the person who is surviving, or who is deemed by the local
board to be surviving, as the legally appointed guardian or custodian of the eligible child,
unless the member directs by designation to the local board that the guardian or
conservator pension be paid to the trustee of a trust created for the benefit of the eligible
child. A guardian’s or conservator’s pension shall also become payable if at least one
eligible child is surviving when a surviving spouse’s pension terminates.
D. Payments of a guardian’s or conservator’s pension shall be made during the same period
in which a pension is payable to at least one eligible child under age eighteen. The
guardian, conservator or designated trustee shall receive the same monthly amount as
would have been payable to the descendant’s surviving spouse had a surviving spouse’s
pension become payable upon the descendant’s death.
E. If an eligible child of a member or retired member is surviving at his death, he shall be
eligible for a child’s pension.
F. Each eligible child shall be entitled to a monthly amount equal to one-ninth of the
monthly amount of pension which the deceased member or retired member would have
received immediately prior to death. A deceased member shall be assumed to be retired
for reasons of accidental disability immediately before his death. If there are four or
more children eligible for a child’s pension, a maximum of three shares thereof shall be
payable, the aggregate of such shares to be apportioned in equal measure to each eligible
child.
G. A child’s pension shall be payable to the same person who is receiving a surviving
spouse’s or guardian’s or conservator’s pension, whichever applies.
H. If member has accumulated contributions remaining in the system at the date of death of
the last beneficiary, a lump sum refund of such accumulated contributions shall be
payable to the person whom the member has designated as his refund beneficiary, or if he
is not surviving, to the designated nearest of kin as selected by the local board. The
amount of the lump sum refund shall be the remaining accumulated contributions.
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REMARRIAGE CLAUSE
Section 38-846.03 Revised
A. A surviving spouse whose pension was terminated by reason of remarriage is entitled to
reinstatement of the surviving spouse’s pension if the surviving spouse is otherwise
qualified for a surviving spouse’s pension and applies form reinstatement with the public
safety personnel retirement system and no other person is currently receiving a guardian’s
or conservator’s pension for an eligible child of the member or retired member. The level
of pension payments shall be that amount which was received by the surviving spouse at
the date the surviving spouse’s pension was terminated, adjusted to reflect ad hoc and
schedule increases from the date of termination to the date of reinstatement.
B. A surviving spouse who is receiving a guardian’s or conservator’s pension by reason of
remarriage and who is otherwise eligible may apply for reinstatement of a surviving
spouse’s pension. If the surviving spouse’s pension becomes payable, the guardian’s or
conservator’s pension is terminated.
C. Reinstated surviving spouse’s pensions are not retroactive. Payment of a reinstated
surviving spouse’s pension shall commence as of the first day of the month following
receipt by the public safety personnel retirement system of a properly executed written
application for reinstatement from the surviving spouse.
Contact: Arizona Public Safety Retirement System, 1020 E. Missouri, Phoenix, AZ
85014, (602) 255-5575.
EDUCATIONAL BENEFITS
15-1808.
A. The Board of Regents, after verification by the Arizona Peace Officers Memorial Board
that a person is a child or a spouse of a peace officer who was a resident of the state of
Arizona and who was killed in the line of duty or who died from injuries suffered in the
line of duty, shall provide the person who qualifies under subsection B and otherwise
meets the qualifications for admission with a tuition waiver scholarship at any university
under the jurisdiction of the board.
B. The state board of directors for community colleges, after verification by the Arizona
Peace Officers Memorial Board that a person is a child or a spouse of a peace officer who
was a resident of Arizona and who was killed in the line of duty or who died from injuries
suffered in the line of duty shall provide the person who qualifies under subsection B and
otherwise meets the qualifications for admission with a tuition waiver scholarship at any
community college under the jurisdiction of the board.
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C. The tuition waiver scholarships shall be limited to children who are thirty years (30) of
age or younger or a spouse who has not remarried and shall be limited for a spouse or
for any one child to no more than sixty-four credit hours at Arizona community colleges
and a total number of credits including any transfer credits from an Arizona community
college equal to the number of credits required for a baccalaureate degree at Arizona
universities for that student’s initially declared course of study.
D. For purposes of this section: “Peace Officer” means sheriffs of counties, constables,
marshals, police officers of cities and towns, commissioned personnel of the department
of public safety, police officers appointed by community college district governing boards
or the Arizona law enforcement officer advisory council, and other state, federal, tribal,
city or county officers vested by law with a duty to maintain public order and make arrests.
Information on Arizona educational benefits for children and spouses may be obtained
by contacting Arizona Peace Officers Memorial Board, 1275 West Washington, Phoenix,
AZ 85007, (602)542-8410, or (602)542-4266.
POLICE CORPS SCHOLARSHIP FUNDS
The Police Corps is administered by the Office of the Police Corps and Law Enforcement
Education (OPCLEE), within the Office of Justice Programs, US Department of Justice, in
partnership with participating States that have submitted an approved State Plan. Information
can be found at www.ojp.usdoj.gov/opclee.
The Police Corps awards scholarships and reimburses educational expenses to students who
agree to work in a State or local police force for at least four years. Students must pursue an
undergraduate or graduate degree in a course of study, which, in the judgment of the State or
local police force to which the participant will be assigned, includes appropriate preparation
for police service. Police Corps funds cover education expenses (including tuition, fees,
books, supplies, transportation, room and board, and miscellaneous expenses) up to $7,500
per academic year, with a limit on total payments to any student of $30,000.
Police Corps scholarship funds are also available to dependent children of law
enforcement officers killed in the line of duty if the death occurred within the state after
that state was approved to participate in the Police Corps program. In Arizona, the
death must have occurred since October 2000. These scholarships may be applied to
any course of study, without any service or repayment obligation.
Police Corps participants are selected on a competitive basis by each State under regulations
prescribed by OPCLEE. For more information, contact: Jon Heiden, Arizona Officers
Standards and Training Board and Central Arizona College, 1-800-237-9814x1956, fax 520-
876-1938, email on_heiden@centralaz.edu, website www.azpolicecorps.com/
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HEALTH BENEFITS
Statute Reference: 38-857.
Arizona Retirement has some health coverage provided. There may be death benefit riders on
these policies, so they should be checked. Maximum payment by the state of $60 per month
for individual coverage, $85 for family plan coverage.
Contact: Arizona Department of Administration, Benefits Manager, 1831 W. Jefferson,
Phoenix, AZ 85007, (602)542-4788.
WORKERS’ COMPENSATION
Workers’ Compensation coverage is compulsory for employers in Arizona; however, waivers
are permitted.
Spouse receives 35% of the employee’s wage and spouse and child(ren) receive 66 2/3% of
the employee’s wage, with a minimum weekly payment payable but not statutorily prescribed
as to amount and a maximum weekly payment of $145.40 to $277.08. There is also a
maximum burial allowance of $5,000.
Spouse receives payments until remarriage. Children receive payments until age 18 or
married. Children receive benefits beyond 18 if physically or mentally disabled, or until age
23 if full-time students.
To receive workers’ compensation benefits the surviving spouse must take the initiative and
file a workers compensation claim through a workers’ compensation attorney to receive any
compensation. The determination as to whether the claim will be paid will be determined by
the Workers’ Compensation Appeals Board.
Contact the Industrial Commission, 800 W. Washington Street, Phoenix, AZ 85007-
2922, telephone (602) 542-4661. Arizona’s State Compensation Fund oversees Workers’
Compensation in the State. This office can be reached at (800)231-1363 or (602)631-
2300.
AGENCY CONTACT
For specific information on pension or worker’s compensation benefits, the survivor should
contact the agency for whom the officer worked at the time of his death. For tuition waiver
or Memorial information, the survivors should contact the Attorney General’s Office as
listed above. For private organizations, they should contact the organizations directly. They
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might also check with other fraternal or labor organization that is appropriate for further
information on benefits.
PERSONAL LIFE POLICY - INTESTATE
Uniform Probate Code (but not 1977 or later amendments) adopted (14-1101 et seq.) with
following exceptions:
Surviving Spouse takes the following:
1. If intestate left issue, one or more of whom are not issue of surviving spouse also, one-half
of intestate separate property and no interest in decedent’s one-half of community
property;
2. If no surviving issue or issue all of whom are issue of surviving spouse also, entire
intestate estate (14-2102).
LINE-OF-DUTY DEATH DETERMINATION
The definition of line-of-duty death may be defined a little differently for each type of
benefit. Although each type of benefit varies, they are very similar. For instance, the Peace
Officer Memorial Board, which oversees the tuition waiver process as well as the placing of
the names on the Memorial itself, tend to have a broad view of who should receive worker’s
compensation. Heart problems are always a difficult area to determine. Each case is decided
on its own facts. The heart attack must be shown to be related to the job in some manner.
ADDITIONAL BENEFITS
PEER SUPPORT ORGANIZATION
Established in 1984, Concerns of Police Survivors, Inc. (COPS), is a national, non-profit
organization that works with law enforcement agencies, police organizations, mental health
professional, and local peer-support organizations to provide assistance to surviving families
of law enforcement officers killed in the line of duty. COPS has become a "lifeline" to police
survivors nationwide. Contact: Ms. Cathie Buckmister, President, 2607 E. Glade, Mesa,
AZ 85204, 480-495-1271, cbuckmr@hotmail.com.
100 CLUB OF ARIZONA
The 100 Club of Arizona provides financial assistance to officers and firefighters killed
in the line of duty in the state of Arizona, including city, county, state, federal & tribal
agencies. The 100 Club provides a one-time death benefit of $10,000 and up to $7,000 for
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officers or firefighters seriously injured in the line of duty. The 100 Club additionally acts as
a support organization and a clearinghouse for helpful information.
Contact your agency’s Benefits Assistance Officer for help with these benefits.
Or contact Sharon Knutson-Felix, Executive Director, 100 Club of Arizona, 5151 N 19th
Ave, Suite 204, Phoenix, AZ 85015, 602-485-0100 or e-mail; info@100club.org.
The Arizona State FOP pays $1,000 to the beneficiary of an FOP member. They also
give the family a Bible. The FOP can be reached at (602)881-4244.
VICTIMS’ COMPENSATION
There are two programs that are coordinated in the office of the Arizona Criminal Justice
Commission. They are The Crime Victim Assistance Program and the Crime Victim
Compensation Program. These Programs are established by A.C.J.C. Rules. Survivors
should initially contact A.C.J.C. at the State level. They will likely be referred to a countylevel
organization charged with implementing the programs locally. The telephone number
is (602) 542-1928.
STATE MEMORIAL
The Wesley Bolin Memorial Plaza is located at 1700 West Washington, Phoenix, AZ,
adjacent to the Arizona State Capitol.
All of the benefit information above has been complied by COPS, a support group for police survivors.
Contact the National Office of Concerns of Police Survivors, Inc. for additional information, or to support any of COPS' programs.
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Web site copyrighted © 2005 by Lydia Warner Miller
