2-15-2042. Montana end of watch account -- payment and cessation of payment. (1) There is a Montana end of watch state special revenue account within the state special revenue fund established in 17-2-102 administered by the department. Pursuant to 2-15-2041, all interest and earnings from the trust fund established in 2-15-2041 must be deposited into this fund.

(2) The department shall disburse payments to a qualifying law enforcement officer or the law enforcement officer's immediate family as provided in this section.

(3) (a) Payments for a catastrophic injury in the line of duty must be made to a catastrophically injured law enforcement officer on a monthly basis for 60 months from the date of the injury.

(b) In the event the catastrophically injured law enforcement officer dies prior to receiving all 60 monthly payments, the department shall pay on a monthly basis the remainder of the 60 monthly payments to the law enforcement officer's immediate family as follows:

(i) to the law enforcement officer's surviving spouse until the surviving spouse remarries or dies; or

(ii) if there is no surviving spouse or if the surviving spouse remarries or dies prior to the disbursement of all 60 monthly payments, then the remainder of the 60 monthly payments must be made to the law enforcement officer's surviving dependent children under 18 years of age, in equal shares, and subject to the Uniform Transfers to Minors Act provided for in Title 72, chapter 26.

(c) In the event there is no surviving spouse that has not remarried or surviving dependent children under 18 years of age, the payments must cease.

(4) (a) Payments for a law enforcement officer killed in the line of duty must be made to the law enforcement officer's surviving immediate family on a monthly basis for 60 months from the date of the law enforcement officer's death. The department shall make the payments as follows:

(i) to the law enforcement officer's surviving spouse until the surviving spouse remarries or dies;

(ii) if there is no surviving spouse or if the surviving spouse remarries or dies prior to disbursement of all 60 monthly payments, then the remainder of the 60 monthly payments must be made to the law enforcement officer's surviving dependent children under 18 years of age, in equal shares, and subject to the Uniform Transfers to Minors Act provided for in Title, 72, chapter 26.

(b) In the event there is no surviving spouse that has not remarried or surviving dependent children under 18 years of age, the payments must cease.

(5) (a) For the first 12 months following the date of the catastrophic event or death, the monthly payment due to a qualifying law enforcement officer or the law enforcement officer's immediate family under this section is $7,000 a month.

(b) For months 13 through 60 following the date of the catastrophic event or death, the monthly payment due to a qualifying law enforcement officer or the law enforcement officer's immediate family under this section is:

(i) $7,000, subject to an annual increase according to the consumer price index or 3%, whichever is less;

(ii) minus the sum of:

(A) one-half of the workers' compensation monthly benefit based on the employment of the qualifying law enforcement officer paid to the law enforcement officer or the law enforcement officer's immediate family; and

(B) one-half of the state retirement monthly benefit paid based on the employment of the qualifying law enforcement officer to the law enforcement officer or the law enforcement officer's immediate family.

(6) The money in the account is subject to legislative appropriation.

(7) All payments under this section are exempt from execution without limit as provided in 25-13-608.