C.__If there is no surviving spouse, to the child or children of the firefighter or emergency medical services person in equal shares; or

D.__If there is no surviving child or spouse of the firefighter or emergency medical services person, to the parent or parents of the firefighter or emergency medical services person in equal shares.

2.__Interim benefit payment.__When the State Fire Marshal determines upon showing of need and prior to final action that the death of a firefighter or emergency medical services person is one with respect to which a benefit will probably be paid, the State Fire Marshal 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 State Fire Marshal 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 a final benefit is not paid, the recipient or recipients of any interim payment under subsection 2 are liable for repayment of the amount received. The State Fire Marshal may waive all or part of the repayment if the State Fire Marshall determines that undue hardship would result from that repayment.

5.__Execution or attachment prohibited.__A benefit paid under this section is not subject to execution or attachment.

6.__Other benefits. The $50,000 benefit payable under this section may not be considered a benefit paid under "similar law" for purposes of Title 5, sections 18005 and 18605 and may not be used to reduce any accidental death benefit amount payable under those provisions or under any other provision of law.

7.__Rulemaking.__The State Fire Marshal shall adopt rules to carry out the purposes of this section.__Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A.

Sec. 6. 30-A MRSA c. 154 is enacted to read: