Section 36-30-3

Payment of compensation - Generally.

The compensation payable to surviving dependents of peace officers and firemen who are killed under the circumstances prescribed in Section 36-30-2 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 peace officer or fireman leaves a dependent widow or a dependent husband and no other dependents or partial dependents, the total amount of the compensation provided for in Section 36-30-2 shall be paid to such widow or such husband.

(2) If the deceased peace officer or fireman leaves a dependent widow or a dependent husband 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 such widow or husband for the benefit of herself or himself and such child or children, or, in its discretion, the awarding authority may determine what portion of the compensation shall be applied for the benefit of such child or children and may order the same paid to a guardian and then order only the remainder of such compensation paid to such widow or husband.

(3) If the deceased peace officer or fireman leaves a dependent child or children and no dependent widow or dependent husband or other dependents or partial dependents, then such child or children shall be entitled to the total amount of the compensation authorized in Section 36-30-2, and such compensation shall be paid to a duly appointed guardian of such child or children or, in the discretion of the awarding authority, such sum may be paid to the probate judge of the county of residence of said child or children. Any probate judge who receives any moneys 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 peace officer or fireman leaves no dependent wife, dependent husband or dependent child or children but leaves other dependents or partial dependents, then such 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 such compensation shall be paid to them in the amounts and manner ordered by the awarding authority.

(5) If a deceased peace officer or fireman leaves a dependent widow or a dependent husband and other dependents or partial dependents but no dependent child or children, then such widow or husband 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, such compensation shall be paid to such dependents in the proportions and in the manner ordered by the awarding authority; provided, however, that at least 50 percent of such compensation must be awarded to the dependent widow or dependent husband.

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

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

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

(Acts 1966, Ex. Sess., No. 208, p. 256, §3.)