2006 Utah Code - 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) The benefits in case of death shall be paid to one or more of the dependents of the decedent for the benefit of all the dependents, as may be determined by an administrative law judge.
     (b) The administrative law judge may apportion the benefits among the dependents in the manner that the administrative law judge considers just and equitable.
     (c) Payment to a dependent subsequent in right may be made, if the administrative law judge considers it proper, and shall operate to discharge all other claims.
     (2) The dependents, or persons to whom benefits are paid, shall apply the same to the use of the several beneficiaries thereof in compliance with the finding and direction of the administrative law judge.
     (3) In all cases of death when:
     (a) the dependents are a surviving spouse and one or more minor children, it shall be sufficient for the surviving spouse to make application to the Division of Adjudication on behalf of that individual and the minor children; and
     (b) all of the dependents are minors, the application shall be made by the guardian or next friend of the minor dependents.
     (4) The administrative law judge may, for the purpose of protecting the rights and interests of any minor dependents the administrative law judge considers incapable of doing so, provide a method of safeguarding any payments due the minor dependents.
     (5) Should any dependent of a deceased employee die during the period covered by weekly payments authorized by this section, the right of the deceased dependent to compensation under this chapter or Chapter 3, Utah Occupational Disease Act, shall cease.
     (6) (a) If a surviving spouse, who is a dependent of a deceased employee and who is receiving the benefits of this chapter or Chapter 3 remarries, that individual's sole right after the remarriage to further payments of compensation shall be the right to receive in a lump sum the lesser of:
     (i) the balance of the weekly compensation payments unpaid from the time of remarriage to the end of six years or 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 the surviving spouse was receiving at the time of such remarriage.
     (b) (i) If there are other dependents remaining at the time of remarriage, benefits payable under this chapter or Chapter 3, Utah Occupational Disease Act, shall be paid to such person as an administrative law judge may determine, for the use and benefit of the other dependents.
     (ii) The weekly benefits to be paid under Subsection (6)(b)(i) shall be paid at intervals of not less than four weeks.

Renumbered and Amended by Chapter 375, 1997 General Session