34A-2-414 - Benefits in case of death -- Distribution of award to dependents -- Death of dependents -- Remarriage of surviving spouse.
34A-2-414. Benefits in case of death -- Distribution of award to dependents --Death of dependents -- Remarriage of surviving spouse.
(1) (a) Subject to the other provisions of this section, benefits in case of death of anemployee shall be paid to one or more of the dependents of the decedent employee for the benefitof all the dependents.
(b) Unless another apportionment is determined by the commission, benefits in case ofdeath of an employee shall be apportioned among the dependents by:
(i) dividing the amount of benefits by the number of dependents; and
(ii) allotting each dependent an equal share.
(c) If one or more of the dependents described in Subsection (1)(a) is partly dependent,the commission may apportion the benefits in a manner different than Subsection (1)(b).
(d) In the case of a minor child who is a dependent, a benefit shall be paid to:
(i) the minor child's surviving parent; or
(ii) if there is no surviving parent, a court appointed custodian or guardian.
(2) A dependent or a person to whom a benefit is paid for a dependent, shall apply thebenefit to the use of the one or more beneficiaries.
(3) In all cases of death, if:
(a) the dependents are a surviving spouse and one or more minor children, it is sufficientfor the surviving spouse to apply for benefits on behalf of the surviving spouse and the minorchildren; and
(b) all of the dependents are minor children, a guardian or next friend of the minordependents shall apply for the benefits.
(4) (a) An administrative law judge may, for the purpose of protecting the rights andinterests of a minor dependent who does not have a surviving parent or court appointed custodianor guardian, direct that the benefits be deposited into an interest bearing account for the purposeof receiving a payment due the minor dependent.
(b) Money deposited into an interest bearing account under Subsection (4)(a) shall bereleased to:
(i) a court appointed custodian or guardian of the minor dependent when the custodian orguardian is appointed; or
(ii) a minor dependent when the minor dependent becomes 18 years of age.
(c) The commission, in accordance with Title 63G, Chapter 3, Utah AdministrativeRulemaking Act, may make rules related to the requirements of an interest bearing accountdescribed in Subsection (4)(a).
(5) If a dependent of a deceased employee dies during the period covered by weeklypayments authorized by this section, the right of the deceased dependent to compensation underthis chapter or Chapter 3, Utah Occupational Disease Act, ceases.
(6) (a) If a surviving spouse, who is a dependent of a deceased employee and who isreceiving the benefits of this chapter or Chapter 3, remarries, the surviving spouse's sole rightafter the remarriage to further benefits is the right to receive in a lump sum the lesser of:
(i) the balance of the weekly compensation payments unpaid:
(A) from the day on which the surviving spouse remarries; and
(B) to the end of 312 weeks from the date of the injury from which death resulted; or
(ii) an amount equal to 52 weeks of compensation at the weekly compensation rate thesurviving spouse is receiving at the time of the remarriage.
(b) If there are other dependents remaining as of the day on which a surviving spouseremarries, benefits payable under this chapter or Chapter 3, shall be paid for the use and benefitof the other dependents.
(7) Weekly benefits to be paid under this section shall be paid at intervals of not less thanfour weeks.
Amended by Chapter 90, 2008 General Session