2020 Arkansas Code
Title 21 - Public Officers and Employees
Chapter 5 - Compensation and Benefits
Subchapter 7 - Death Benefits
§ 21-5-704. Payment of claim to covered public employees, their designated beneficiaries, or their survivors — Funds — Definition

(a)

1. (1)

   1. (A) The state shall pay to the beneficiaries of any covered public employee who is killed in the official line of duty, the sum of fifty thousand dollars ($50,000) with the following requirements for distribution of the award:

      1. (i) If the covered public employee has a designated beneficiary or beneficiaries, the designated beneficiary or beneficiaries are entitled to the award, in whatever percentage indicated by the covered public employee;

      2. (ii) Subject to subdivision (a)(1)(A)(iii) of this section, if the covered public employee has no designated beneficiary or beneficiaries, the award shall go to the covered public employee's surviving spouse;

      3. (iii) If the covered public employee has a surviving spouse and surviving dependent children, the surviving spouse is entitled to fifty percent (50%) of the award, and the surviving dependent children are entitled to the other fifty percent (50%) of the award in equal shares; or

      4. (iv) If the covered public employee is unmarried at the date of his or her death:

         1. (a) The covered public employee's surviving dependent children split the award in equal shares;

         2. (b) The covered public employee's children split the award in equal shares if there are no surviving dependent children; or

         3. (c) The covered public employee's surviving parents split the award in equal shares if there are no surviving children.

   2. (B) In addition thereto, the municipality that employed the police officer or firefighter shall, upon certification of the amount by the police or fire department, pay to the beneficiaries of the deceased police officer or firefighter an allowance for all sick leave, vacation, or other leave time accumulated to the credit of the police officer or firefighter at the time of his or her death, with the following requirements for distribution of the allowance:

      1. (i) If the deceased police officer or firefighter has a designated beneficiary or beneficiaries, the designated beneficiary or beneficiaries are entitled to the allowance, in whatever percentage indicated by the covered public employee;

      2. (ii) Subject to subdivision (a)(1)(B)(iii) of this section, if the deceased police officer or firefighter has no designated beneficiary or beneficiaries, the allowance shall go to the deceased police officer's or firefighter's surviving spouse;

      3. (iii) If the deceased police officer or firefighter has a surviving spouse and surviving dependent children, the surviving spouse is entitled to fifty percent (50%) of the allowance and the surviving dependent children are entitled to the other fifty percent (50%) of the allowance in equal shares; or

      4. (iv) If the deceased police officer or firefighter is unmarried at the date of his or her death:

         1. (a) The deceased police officer's or firefighter's surviving dependent children split the allowance in equal shares;

         2. (b) The deceased police officer's or firefighter's children split the allowance in equal shares if there are no surviving dependent children; or

         3. (c) The deceased police officer's or firefighter's surviving parents split the allowance in equal shares if there are no surviving children.

2. (2)

   1. (A) If a covered public employee suffers an injury while engaged in the performance of official duties resulting in his or her total and permanent disability, the disabled covered public employee shall be entitled to the sum of ten thousand dollars ($10,000) from the State of Arkansas upon establishing proof of the total and permanent disability.

   2. (B) Proof of total and permanent disability shall be established by offering evidence that the covered public employee was unable to work in the employment position covered by this subchapter for a period of more than one (1) year or that the covered public employee received a disability rating in excess of twenty-five percent (25%) from the Workers' Compensation Commission.

(b)

1. (1) All allowances as provided for in this section for the designated beneficiary, surviving spouse, surviving children, or surviving parents of covered public employees killed while performing official duties, or allowances provided covered public employees who are totally and permanently disabled while performing official duties, shall be paid totally from state funds appropriated therefor.

2. (2)

   1. (A) Except as provided in subdivision (b)(2)(B) of this section, the funds shall not be reimbursed by transfer or charging the funds against any state funds allocated for turnback to cities or counties or distributed to the State Highway and Transportation Department Fund or distributed to any Division of Correction fund account or any other state department agency fund account other than the Arkansas State Claims Commission fund accounts and the Miscellaneous Revolving Fund or state funds levied for firefighters, police officers, employees of the Arkansas Department of Transportation, and employees of the Division of Correction for pension purposes.

   2. (B)

      1. (i) Twenty-five thousand dollars ($25,000) of the fifty thousand dollars ($50,000) provided in subdivision (b)(2)(A) of this section shall be paid by the appropriate state department agency fund account.

      2. (ii) The appropriate state department agency shall transfer the necessary funds to the Arkansas State Claims Commission fund accounts for payment.

(c) It is the intent of this subchapter that twenty-five thousand dollars ($25,000) of the total obligation of providing the benefits provided by this subchapter, even though the funds are to be administered by the Arkansas State Claims Commission, are to be defrayed from state funds and are not to be charged against, or recovered against, any turnback moneys due the cities or counties of this state or allocated to the state highway system of this state or to the Division of Correction or any other state department agency fund account other than the Arkansas State Claims Commission fund accounts and the Miscellaneous Revolving Fund.

(d)

1. (1) A person who claims a benefit under this section to which the beneficiaries of a deceased person are entitled shall submit a notarized affidavit provided by the Arkansas State Claims Commission that:

   1. (A) Lists all known surviving children of the decedent, their respective ages, last known addresses, and contact information; and

   2. (B) Discloses the existence of any last will and testament of the decedent.

2. (2) If a person who claims a benefit fails to list all known surviving children as required by subdivision (d)(1)(A) of this section, the Arkansas State Claims Commission may require that the person return the benefit to the Arkansas State Claims Commission for further proceedings.

(e) As used in this section, “surviving dependent children” means children who have not yet reached the age of majority as of the date of the award and children who have a legal incapacity that renders them dependent even after reaching the age of majority.