2022 Code of Alabama
Title 36 - Public Officers and Employees.
Chapter 30 - Compensation for Death or Disability of Peace Officers, Firemen, Etc.
Article 1 - Compensation for Death of Peace Officers and Firemen.
Section 36-30-3 - Payment of Compensation - Generally.

Section 36-30-3

Payment of compensation - Generally.

THIS SECTION WAS AMENDED BY ACT 2022-437 IN THE 2022 REGULAR SESSION, EFFECTIVE JULY 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.

The compensation payable to surviving beneficiaries or dependents of first responders who are killed under the circumstances prescribed in Section 36-30-2 shall be paid to the beneficiaries designated by those first responders. If no beneficiaries have been designated, or if none remain, the compensation shall be paid to the persons entitled thereto without administration or to a guardian or such other person as the awarding authority may direct for the use of the persons entitled thereto, as follows:

(1) If the deceased first responder leaves a dependent spouse and no other dependents or partial dependents, the total amount of the compensation provided for in Section 36-30-2 shall be paid to the surviving spouse.

(2) If the deceased first responder leaves a dependent spouse and a dependent child or dependent children and no other dependents or partial dependents, then the total amount of the compensation provided for in Section 36-30-2 shall be paid to the surviving spouse for the benefit of herself or himself and the child or children, or, in its discretion, the awarding authority may determine what portion of the compensation shall be applied for the benefit of the child or children and may order the same paid to a guardian and then order only the remainder of the compensation paid to the surviving spouse.

(3) If the deceased first responder leaves a dependent child or children and no dependent spouse or other dependents or partial dependents, then the child or children shall be entitled to the total amount of the compensation authorized in Section 36-30-2, and the compensation shall be paid to a duly appointed guardian of the child or children or, in the discretion of the awarding authority, the sum may be paid to the judge of probate of the county of residence of the child or children. Any judge of probate who receives any monies due any child or children under this article shall handle and administer all such funds in the manner prescribed in Sections 26-7-2 through 26-7-5.

(4) If the deceased first responder leaves no dependent spouse or dependent child or children but leaves other dependents or partial dependents, then the dependents and partial dependents jointly shall be entitled to the total amount of the compensation provided in Section 36-30-2, and subject to the limitations prescribed hereinbelow, the compensation shall be paid to them in the amounts and manner ordered by the awarding authority.

(5) If a deceased first responder leaves a dependent spouse and other dependents or partial dependents but no dependent child or children, then the surviving spouse and the other dependents and partial dependents jointly shall be entitled to the total compensation provided in Section 36-30-2; and, subject to the limitations prescribed hereinbelow, the compensation shall be paid to the dependents in the proportions and in the manner ordered by the awarding authority; provided, however, that at least 50 percent of the compensation must be awarded to the dependent surviving spouse.

(6) If a deceased first responder leaves a dependent spouse and a dependent child or children and other dependents and partial dependents, then the awarding authority shall determine what portion of the compensation shall be paid to the spouse and child or children and, in its discretion, may order all of the compensation be paid to the spouse and child or children, but must provide that at least 70 percent of the compensation is paid to them.

(7) If a deceased first responder leaves a dependent child or children and other dependents and partial dependents but no dependent spouse, then the awarding authority shall determine what portion of the compensation the child or children are entitled to receive and, in its discretion, may order all of the compensation awarded to the child or children, but must award at least 60 percent of the compensation to the child or children.

(8) If a deceased first responder leaves no dependent spouse or child or children but leaves other dependents and partial dependents, the awarding authority shall determine what portion of the compensation each dependent and each partial dependent shall be entitled to receive, but the awarding authority may not award to a partial dependent a greater percent of the compensation than the percent of the deceased first responder's average monthly income which was regularly contributed toward the partial dependent's support for a reasonable time immediately prior to the death of the first responder. In its discretion, the awarding authority may award all of the compensation provided for in Section 36-30-2 to the total dependents of the deceased first responder to the exclusion of partial dependents.

(Acts 1966, Ex. Sess., No. 208, p. 256, §3; Act 2008-480, p. 1047, §2; Act 2016-385, §1; Act 2022-437, §1.)