Texas Workers' Compensation

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§ 132.11. Distribution of Death Benefits

(a) All of the death benefits shall be paid to the eligible spouse if the deceased employee had no eligible children or eligible grandchildren.

(b) Death benefits shall be paid in equal shares to each eligible child per capita and to each eligible grandchild per stirpes if there is no eligible spouse.

(c) If there is an eligible spouse and an eligible child or eligible grandchild, half of the death benefits shall be paid to the eligible spouse. The remaining half shall be paid:

(1) if there are no eligible grandchildren, in equal shares to the eligible children;

(2) if there are no eligible children, per stirpes to the eligible grandchildren; or

(3) if there are eligible children and eligible grandchildren, the eligible children shall be paid equal shares per capita and the eligible grandchildren shall be paid per stirpes.

(d) If there is no eligible spouse, child, or grandchild, the death benefits shall be paid in equal shares to any surviving dependents of the deceased employee who are parents, siblings, or grandparents of the deceased. The amount to be paid to each surviving dependent shall be calculated by dividing the weekly death benefit by the number of surviving dependents.

(e) If there is no eligible spouse, no eligible child, and no eligible grandchild, and there are no surviving dependents of the deceased employee who are parents, siblings, or grandparents of the deceased, the death benefits shall be paid in equal shares to surviving eligible parents. The amount paid may not exceed one payment per household and total payments may not exceed 104 weeks regardless of the number of surviving eligible parents.

(f) If the deceased employee has no legal beneficiaries as defined by the rules and the Texas Workers’ Compensation Act, the death benefits shall be paid to the subsequent injury fund, as set out in § 132.10 of this title (relating to Payment of Death Benefits to the Subsequent Injury Fund).

(g) The term “per stirpes” means that the grandchildren shall be entitled to share in only the amount of benefits that the parent of those grandchildren would have received had the parent been alive or otherwise eligible to receive death benefits.

The provisions of this §132.11 adopted to be effective January 1, 1991, 15 TexReg 7023; amended to be effective October 12, 2008, 33 TexReg 8395; amended to be effective March 21, 2010, 35 TexReg 2191.

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At a Glance:

Title:

§ 132.11. Distribution of Death Benefits

Title:

Title 28. Insurance

Status:

Current

Usage:

New Law Rule

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