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Session Laws, 2003
Volume 799, Page 2381   View pdf image
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ROBERT L. EHRLICH, JR., Governor                             Ch. 319

(1)     for the period of total dependency; or

(2)     until $45,000 has been paid.

(d)     If a surviving spouse who was wholly dependent at the time of death
continues to be wholly dependent after $45,000 has been paid, the employer or its
insurer shall continue to make payments to the surviving spouse at the same weekly
rate during the total dependency of the surviving spouse.

(e)     (1) If a surviving spouse who is wholly dependent at the time of death
becomes wholly [or partly] self-supporting before $45,000 has been paid, the
employer or its insurer shall continue to pay death benefits until $45,000 has been
paid.

(2) IF A SURVIVING SPOUSE WHO IS WHOLLY DEPENDENT AT THE TIME
OF DEATH BECOMES PARTLY SELF-SUPPORTING, THE EMPLOYER OR ITS INSURER
SHALL CONTINUE TO MAKE PAYMENTS TO THE SURVIVING SPOUSE:

(I) UNTIL $45,000 HAS BEEN PAID, AT THE SAME WEEKLY RATE
THE SPOUSE WOULD BE PAID UNDER SUBSECTION (B) OF THIS SECTION, AS IF THE
SPOUSE WAS WHOLLY DEPENDENT; AND

(II) AFTER $45,000 HAS BEEN PAID, AT THE SAME WEEKLY RATE
AND FOR THE SAME PERIOD OF TIME THAT THE SPOUSE WOULD BE PAID UNDER §
9-682(B), (C), AND (D) OF THIS SUBTITLE, AS IF THE SPOUSE HAD BEEN PARTLY
DEPENDENT ON THE DECEASED COVERED EMPLOYEE AT THE TIME OF DEATH
IN
ACCORDANCE WITH § 9-682 OF THIS SUBTITLE.

(f)      (1) Except as provided in paragraph (2) of this subsection, if a surviving
spouse who is wholly dependent remarries, payment to the surviving spouse shall
stop on the date of remarriage, even if $45,000 has not been paid.

(2) If a surviving spouse who is wholly dependent remarries and does not
have dependent children at the time of the remarriage, the employer or its insurer
shall continue to make payments to the surviving spouse for 2 years after the date of
the remarriage.

(g)     If a surviving child continues to be wholly dependent after the total
amount of $45,000 has been paid, the employer or its insurer shall continue to make
payments at the same weekly rate during the total dependency of the surviving child.

(h) Except as provided in subsection (i) of this section, if a child who is wholly
dependent at the time of death becomes wholly or partly self-supporting, the
employer or its insurer shall continue to pay death benefits until $45,000 has been
paid.

(i) (1) Except as provided in paragraphs (2) and (3) of this subsection, the
employer or its insurer shall continue to make payments to, or for the benefit of, a
surviving child until the child reaches 18 years of age.

(2) The employer or its insurer shall continue to make payments to, or
for the benefit of, a child who is 18 years old or older for the period of dependency if:

- 2381 -

 

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Session Laws, 2003
Volume 799, Page 2381   View pdf image
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