|
|
|
All of the benefit information below has been complied by COPS, a support group for police survivors.
STATE OF NEW HAMPSHIRE
DEATH BENEFITS
To obtain certified copies of registered personal documents, contact the Bureau of Vital Records and Health,
Health and Welfare Building, 6 Hazen Drive, Concord, NH 03301, phone (603) 271-4650.
STATE DEATH BENEFITS
No state benefit is currently available.
STATE PENSION BENEFITS
Members of the New Hampshire Retirement System (NHRS) receive the following benefits in the case of
job-related death. Members must be in active service in order for a death benefit to be payable. Active
service means one must be contributing to NHRS on earnings received.
If the death is job-related, an accidental death benefit would be payable. In cases where death is the result
of repeated trauma, gradual degeneration, or occupational disease, the death must first be found compensable
by the Commissioner of Labor.
The surviving spouse receives an annual pension until his or her remarriage or death equal to 50% of the
member’s annual compensation. If there is no spouse, or if the surviving spouse remarries or dies, then
the pension is paid to all surviving dependent children under age 18. If there are no surviving dependent
children, the pension is paid for life to a surviving parent who was dependent upon the officer.
In addition to the pension, a refund of the member’s contributions with earned interest is payable to the
designated beneficiary(ies). If there are no survivors eligible to receive a pension, the designated
beneficiary(ies) receive a lump sum payment equal to the member’s annual compensation and a refund of
the member’s contributions to NHRS with earned interest.
Contact the New Hampshire Retirement System, 4 Chenell Drive, Concord, NH 03301-8509, telephone
(603) 271-3351.
EDUCATION BENEFITS
None are available.
HEALTH BENEFITS
Health plans vary. Check with your local department to determine benefit packages available.
WORKERS’ COMPENSATION
Workers’ Compensation coverage is compulsory for employers in New Hampshire.
Benefit is 66 2/3% of employee’s wage for a spouse only or for a spouse with child(ren) with a minimum
weekly benefit of $189.20 and a maximum weekly benefit of $709.50. A one-time maximum burial
expense of $5,000 is paid by the state workers’ compensation program.
Spouse benefits cease upon remarriage. Children receive benefits until age 18 or beyond age 18 if
disabled, or until age 25 if full-time students.
Contact the Workers’ Compensation Division of the New Hampshire Department of Labor, 95 Pleasant
Street, Concord, NH 03301, telephone (603) 271-3176.
PERSONAL LIFE POLICIES
Real Estate and Personalty - Real estate and personal estate of every person deceased, not devised or
bequeathed, subject to any homestead right, and liable to be sold by license from court of probate in cases
provided by law, and personalty remaining in hands of administrator on settlement of his account, shall
descend or be distributed by decree of probate court:
1. If deceased is survived by a spouse, spouse shall receive: (a) if there is no surviving issue or
parent of decedent, entire intestate estate, (b) if there is no surviving issue but decedent is
survived by a parent or parents, first $50,000, plus one-half of balance of intestate estate, (c) if
there are surviving issue all of whom are issue of surviving spouse also first $50,000, plus onehalf
of balance of intestate estate, (d) if there are surviving issue one or more of whom are not
issue or surviving spouse, one-half of intestate estate;
2. Part of intestate estate not passing to surviving spouse or entire intestate estate if there is no
surviving spouse, passes as follows: (a) to issue of decedent, if they are all of same degree of
kinship to decedent they take equally, but if of unequal degree, then those of more remote
degree take by representation, (b) if there is no surviving issue, to his parent or parents equally,
(c) if there is no surviving issue or parent, to brothers and sisters and issue of each deceased
brother or sister by representation; if there is no surviving brother or sister, issue of brothers
and sisters take equally if they are all of same degree of kinship to decedent, but if of unequal
degree then those of more remote degree take by representation, (d) if there is no surviving
issue, parent or issue of parent, but decedent is survived by one or more grandparents or issue
of grandparents, half of estate passes to paternal grandparents if both are deceased, issue taking
equally if they are all of same degree of kinship to decedent, but is of unequal degree those of
more remote degree take by representation: and other half passes to maternal relatives in same
manner; but if there be no surviving grandparent or issue of grandparent on either paternal or
maternal side, entire estate passes to relatives on other side in same manner as the half.
No representation is allowed among collaterals beyond fourth degree of relationship to decedent. If any
person dies under age and unmarried, his estate, derived by decedent or devise from his father or mother,
descends to his brothers and sisters, or their legal representatives, if any, to exclusion of other parent.
Rights of Surviving Spouse - Upon death of either husband or wife, testate, if surviving spouse has
elected to waive homestead right, if any, and provisions of will in his or her favor, if any, such surviving
spouse shall be vested with following portion of estate remaining after payment of debts and expenses of
administration: (1) If there are children, one third part of real estate; (2) if decedent leaves no children or
issue of any deceased children, one third part of personalty and one third part of real estate; (3) if decedent
leaves no children or issue of any deceased children, but does leave mother or father or sister or brother
surviving, $10,000 in value thereof a personalty and $10,000 in value of real estate, and also one half of
remainder above $10,000 in each, real estate to be assigned to surviving spouse in same manner as dower
heretofore has been assigned. Where inventory value of the real estate does not exceed $10,000 surviving
spouse is entitled to whole of said remainder and no assignment of same is required unless some party in
interest petitions to probate court therefore; (4) if decedent leaves no children or issue of any deceased
children, nor mother or father, nor sister or brother surviving, $10,000 of value thereof, plus $2,000 for
each full year from date of marriage to decease of spouse, and also one half in value of remainder and no
assignment of same is required unless some party in interest petitions probate court therefore. The part of
estate not passing to surviving spouse per paragraphs 1 through 3 shall pass via terms of will, provided that
surviving spouse shall take nothing under will. Deceased spouse’s inter vivos transfer of property to trust
defeats rights of surviving spouse even if decedent exercised complete control over property during lifetime,
unless transfer was for purpose of depriving survivor of those rights.
Bar of Right to Inherit - Surviving spouse is entitled to nothing, except such as may be given to him or her
by the will: (1) where surviving husband willfully neglected to support her, or has not been heard from, in
consequence of his own neglect, for three years next preceding her death or (2) where, at time of decedent’s
death, decedent was justifiably living apart from surviving spouse because the latter was, or had been,
guilty of conduct constituting cause for divorce.
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. Survivors in New Hampshire
may contact Massachusetts COPS, Mrs. Eileen Vitale, Chapter President, 22 Poplar Street,
Ipswich, MA 01938, telephone 508-356-8544.
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.
|
|
|
Web site copyrighted © 2005 by Lydia Warner Miller