28 Tex. Admin. Code § 132.12 - Redistribution of Death Benefits
(a) Death
benefits shall be redistributed if a legal beneficiary dies or becomes
ineligible to receive benefits. The benefits shall be redistributed to the
remaining legal beneficiaries eligible to receive death benefits at the time of
death of the employee.
(b) If an
eligible spouse becomes disqualified from continued payment of death benefits
because of remarriage, the amount of benefits paid to each remaining legal
beneficiary shall remain the same for 104 weeks. At the expiration of 104
weeks, the amount of benefits paid to each remaining legal beneficiary shall be
recalculated as provided in §
132.11 of this title (relating to
Distribution of Death Benefits).
(c) If 364 weeks of death benefit payments
have not been paid and the only remaining legal beneficiary is the subsequent
injury fund, the insurance carrier shall pay any remaining amounts to the
subsequent injury fund in accordance with §
132.10 of this title (relating to
Payment of Death Benefits to the Subsequent Injury Fund).
(d) In no case shall the insurance carrier
pay an amount less than the weekly death benefit multiplied by 364, taking into
consideration the discount rate set out in the Texas Workers' Compensation Act,
§1.04, for a commuted payment to the subsequent injury fund in subsection (c)
of this section.
Notes
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