Sec. 1. 25 MRSA §1596 is enacted to read:

§1596.__Death benefit

1.__Amount; recipients.__In any case in which the Chief of the State Police determines under rules issued pursuant to this section that a state police officer, referred to in this section as "officer," has died as the direct and proximate result of a personal injury sustained in the line of duty, the State shall pay a benefit of $50,000 as follows:

A.__If there is no surviving child of the officer, to the surviving spouse of such officer;

B.__If there are a surviving child or children and a surviving spouse, 1/2 to the surviving child or children of the officer in equal shares and 1/2 to the surviving spouse;

C.__If there is no surviving spouse, to the child or children of the officer in equal shares; or

D.__If there is no surviving child or spouse of the officer, to the parent or parents of the officer in equal shares.

2.__Interim benefit payment.__Whenever the Chief of the State Police determines upon showing of need and prior to final action that the death of an officer is one with respect to which a benefit will probably be paid, the chief shall notify the Treasurer of State of this determination, and the Treasurer of State may make an interim benefit payment not exceeding $3,000 to the individual or individuals entitled to receive a benefit under subsection 1 in the manner set out in subsection 1.

3.__Deduction of interim payment.__The Treasurer of State shall deduct the amount of an interim payment made pursuant to subsection 2 from the amount of any final benefit paid to the individual or individuals entitled to receive a benefit under subsection 1.

4.__Repayment of interim payment; waiver.__If no final benefit is paid, the recipient or recipients of any interim payment under subsection 2 are liable for repayment of the amount received.__ The Chief of the State Police may waive all or part of the repayment if the chief determines that undue hardship would result from such repayment.

5.__Reductions from final benefit payment.__The benefit payable under this section is in addition to any other benefit