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All of the benefit information below has been complied by COPS, a support group for police survivors.
Rev. 10/04
STATE OF ALABAMA
DEATH BENEFITS
To obtain certified copies of registered personal documents, contact the Bureau of Vital
Statistics, 434 Monroe Street, Room 215, Montgomery, AL 36130, (205)242-5033
STATE DEATH BENEFITS
The Alabama State Board of Adjustment determines the amount of this payment.
ALABAMA STATE BOARD OF ADJUSTMENT
Alabama law provides for a one-time death benefit payment of monies ranging between
$1,000 and $50,000 for the survivors of public safety officers killed in the line of duty. Forms
must be filed by the local agency and forwarded to the Board of Adjustment. Presentation
must be made before the Alabama Board of Adjustment prior to actual receipt of any benefit.
Representation is necessary at the time of the hearing held in Montgomery in the House of
Representatives Chamber. An attorney is not required at the hearing and in most cases a
representative from the filing agency can capably assume the role of representative for the
beneficiary. Contact: State Board of Adjustment, 205 Alabama State House,
Montgomery, AL 36130, (205)242-7175.
STATE PENSION BENEFITS
Police pensions are calculated by years and months in service to an Alabama Police
Department. This length of service entitles the following pension benefit to an officer's
widow(er) for the remainder of his/her lifetime.
Pension standards are set forth in:
A) Employee with_____years service and age_____or above entitles to
_____% of salary in pension benefits; based on last three (3) years average
income.
B) In the event of employee's death prior to retirement, pension benefits are
reduced by 10%.
C) Beneficiary is then entitled to one-half (1/2) of remaining percentage of
pension benefit.
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Rev. 10/04
EDUCATIONAL BENEFITS
Under Alabama Law Act 82-277, payment of tuition and textbooks costs in a state junior
college, technical college or university is made for the dependent children under 21 and
spouses, if not remarried, of a law enforcement officer killed in the line of duty. The spouse
must utilize the benefit within 5 years of the death. A letter from the agency head, together
with a certified copy of the marriage license, death certificate, and a birth certificate(s) of
child/children are required. Contact: Alabama Commission on Higher Education, 3465
Norman Bridge Road, Montgomery, AL 36105-2310, (334) 242-1998
STATE PAYROLL
A final check should be issued to the surviving beneficiaries for all regular salaried earnings
up to the time of death, accrued sick time, accrued vacation time, and compensation time.
WORKERS' COMPENSATION
Workers' Compensation coverage is compulsory for Alabama employers. Workers'
Compensation benefits are payable to the beneficiaries of an officer for a period of five
hundred (500) weeks following the death of an officer in the line of duty.
Benefits include a maximum $3,000 funeral expense payment as well as 50% of the
employee's wage if survived by a spouse only or 66 2/3% of the employee's wage if survived
by a spouse and child(ren), with a minimum payment of $115 per week and a maximum
payment of $419 per week.
In order to file for Worker's Compensation benefits, the below listed forms/certificates are
needed:
A) Marriage License
B) Certified copy of Death Certificate.
C) Certified copy of minor child(ren) Birth Certificates.
D) Physician's Statement.
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Rev. 10/04
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 Worker's Compensation Division of the Department of Industrial Relations
in the Industrial Relations Building, Montgomery, AL 36130, telephone (205) 242-2868.
STATE LIFE INSURANCE - INTESTATE
State life insurance benefits paid to the beneficiaries in this matter are based on double annual
salary figures calculated at double indemnity rate.
Descent and Distribution - There are many and material variances from Uniform Probate
Code.
Distinction between real and personal property has been abolished (43-8-1). Estate of
decedent not effectively disposed of by will in excess of share of surviving spouse, or all such
property if no surviving spouse, passes as follows, each class of which member is living
taking to exclusion of subsequent classes: (1) Issue of decedent in equal shares if all issue of
same degree of kinship to decedent, but by representation (see infra) if of equal degree; (2)
parent or parents equally; (3) issue of parents or either of them by representation; (4) in equal
shares to more remote paternal and maternal kindred in following manner (a) grandparent or
grandparents equally, (b) issue of grandparents in equal shares if all issue of same degree of
kinship to decedent, but by representation if of unequal degree; (5) if no paternal or maternal
kindred on one side, entire estate to relatives on other side; (6) to state.(43-8-42 to 44).
Except where estate could pass to state, heir must survive decedent five days. (43-8-43). Issue
of person means all lineal descendants of all generations. (43-8-1 (15)).
For representation, estate is divided into as many shares as there are surviving heirs in
nearest degree of kinship and deceased persons in same degree who left issue surviving
decedent, each surviving heir in nearest degree receiving one share and share of each deceased
person in same degree being divided among issue of such deceased heir in same manner. (43-
8-45).
Surviving Spouse takes intestate share as follows: All if no surviving issue or parent of
decedent; first $100,000 plus one-half of balance if decedent is survived by parent or parents
and no surviving issue; first $50,000 plus one-half of balance if decedent is survived by issue
of all whom are also issue of surviving spouse. If estate is located in two or more states,
surviving spouse's share may not exceed in aggregate amounts allowable under Alabama law.
(43-8-41). Person who is divorced from decedent or whose marriage has been annulled is not
surviving spouse. (43-8- 252). Surviving spouse who feloniously and intentionally kills
decedent is not entitled to any intestate share. (43-8-253).
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Rev. 10/04
ADDITIONAL BENEFITS
ALABAMA PEACE OFFICERS' ANNUITY AND BENEFIT FUND
Membership in the Alabama Peace Officers' Annuity and Benefit Fund entitles death
benefits to officers' survivors in the form of a one-time $2,500 death benefit payment for
death from any cause plus, in the case of line-of-duty death, the return of all contributions
during membership. Forms can be obtained from the Alabama Peace Officers' Annuity and
Benefit Fund, 514 South McDonough Street, Montgomery, AL 36104, (334)242-4079,
and should be filed by the local agency.
ALABAMA PEACE OFFICERS' ASSOCIATION
The Alabama Peace Officers' Association offers survivors of deceased active members a
$500 death benefit for death from any cause. Survivors of active members killed in the line
of duty receive a $8,500 benefit. Contact the Alabama Peace Officers' Association, 940
Pelham Street, Montgomery, AL 36104, telephone (334)269-4328.
FRATERNAL ORDER OF POLICE or other labor/fraternal groups may provide a one-time
death benefit to family members of a deceased member officer. Contact your local lodge for
information.
100 CLUB
Located in Mobile, The 100 Club is an organization of 100 area businessmen who contribute
a one-time $1,000 payment to the surviving family members of personnel of the Mobile
Police Department killed in the line of duty. (Members of these organizations usually wish to
remain anonymous; therefore, someone in the department should act as a contact person for
the family. It is important that the police department encourage payments to be made to both
survivors of felonious and accidental loss.)
ALABAMA CRIME VICTIMS COMPENSATION 15-21-1.
Victims of violent crime are often reduced to bereft and destitute circumstances as a result of
the criminal acts perpetrated against them, that the financial or economic resources of such
victims and their dependents are in many instances distressed or depleted as a result of injuries
inflicted upon them by violent criminals.
The Alabama Crime Victims Compensation Fund intends to provide a means whereby
victims of violent crime and their dependents may be provided compensation in the amount of
actual expenses incurred as a direct result of criminal acts of other persons.
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Rev. 10/04
There are many circumstantial variables in each case. Check with the contact person
within your state. An award shall not be subject to state or municipal taxation 15-23-15.
Southern States Police Benevolent Association, Inc.
The PBA member’s beneficiary will receive their base salary for one if year they are killed
accidentally or intentionally while performing their law enforcement duties (maximum
payout: $60,000). The beneficiary will receive $5,000 if it is not an occupational death or if
you are a retired or reserve member. Any active Southern States PBA member in good
standing and dues current will receive this benefit. Contact: Southern States Police
Benevolent Association, Inc., 1900 Brannan Road, McDonough, GA 30253-4310,
telephone 1-800-233-3506, or visit www.sspba.org.
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
professionals, 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. Contact: Mrs. LaRae Heath, Secretary, PO Box 469, Fort Deposit, AL 36032,
(334)875-7735, heathtimber@yahoo.com.
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