28 Tex. Admin. Code § 132.7 - Duration of Death Benefits for Eligible Spouse
(a) Except as provided in subsection (f) of
this section, a spouse who is determined eligible for death benefits is
entitled to receive benefits until the date of the spouse's death or until
remarriage. The insurance carrier shall notify the eligible spouse of the
requirements of this section within 60 days of initiating benefits to that
spouse.
(b) An eligible spouse who
enters into a ceremonial or informal marriage is entitled to receive a lump-sum
payment of 104 weeks of death benefits.
(c) An eligible spouse shall notify the
division and the insurance carrier in writing within 30 days of the date of
remarriage. The notice shall include the name and social security number of the
deceased employee, the date of death, the workers' compensation claim file
number, and the date of remarriage.
(d) The amount of the lump-sum payment shall
be calculated by multiplying the amount paid to the spouse the week prior to
the remarriage by 104. If the insurance carrier paid any weekly benefits to the
eligible spouse after the remarriage, the total amount of such payments shall
be deducted from the amount of the commuted payment.
(e) An eligible spouse who knowingly accepts
death benefits after remarriage in excess of the amount allowed by this
section, and who does not notify the division or the insurance carrier of
remarriage, may be subject to administrative penalties.
(f) An eligible spouse who remarries is
eligible for death benefits for life if the employee was a first responder, as
defined by Labor Code §
504.055, or an individual
described by Government Code §
615.003(1)
or Labor Code §
501.001(5)(F),
who died as a result of an injury in the course and scope of employment or
while providing services as a volunteer. Subsections (b) - (e) of this section
do not apply to an eligible spouse under this subsection. This subsection
applies to:
(1) Eligible spouses of first
responders, as defined by Labor Code §
504.055:
(A) who remarry on or after September 1,
2017; and
(B) who remarried between
September 1, 2015, and August 31, 2017, if the claim is based on a compensable
injury that occurred on or after September 1, 2015; and
(2) Eligible spouses of individuals, as
defined by Government Code §
615.003(1)
or Labor Code §
501.001(5)(F),
who remarry on or after September 1, 2019.
Notes
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