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§ 9-682. Partly dependent individuals; partly self-supporting spouse

West's Annotated Code of MarylandLabor and EmploymentEffective: October 1, 2011

West's Annotated Code of Maryland
Labor and Employment
Title 9. Workers' Compensation (Refs & Annos)
Subtitle 6. Benefits (Refs & Annos)
Part XII. Death Benefits (Refs & Annos)
Effective: October 1, 2011
MD Code, Labor and Employment, § 9-682
§ 9-682. Partly dependent individuals; partly self-supporting spouse
Application of section
(a) This section applies only to a covered employee of a municipal corporation or a county who is subject to § 9-503 of this title and the dependents of those covered employees, unless the municipal corporation or county has made an election under § 9-683.6 of this subtitle.
In general
(b) The employer or its insurer shall pay a death benefit in accordance with this section if:
(1) there are no individuals who were wholly dependent on the deceased covered employee at the time of death, but there are individuals who were partly dependent; or
(2) a surviving spouse who was wholly dependent on the deceased covered employee at the time of death becomes partly self-supporting.
Amount of death benefit
(c)(1) The maximum weekly death benefit payable under this section shall equal two-thirds of the average weekly wage of the deceased covered employee, but may not exceed two-thirds of the State average weekly wage.
(2) The weekly death benefit payable under this section shall be the percentage of the maximum weekly death benefit under paragraph (1) of this subsection that:
(i) the weekly earnings of the deceased covered employee bears to the combined weekly earnings of the deceased covered employee and the partly dependent individuals; and
(ii) does not exceed the maximum weekly death benefit.
Duration of payment-In general
(d) Except as otherwise provided in this section, the employer or its insurer shall pay the weekly death benefit:
(1) for the period of partial dependency; or
(2) until $75,000 has been paid, including any payments made during a period of total dependency under § 9-681 of this subtitle.
Duration of payment-Surviving spouse who remarries
(e)(1) Subject to paragraph (2) of this subsection, if a surviving spouse who is partly dependent remarries and does not have dependent children at the time of the remarriage, the employer or its insurer shall make payments to the surviving spouse for 2 years after the date of the remarriage.
(2) The total of the payments made before the remarriage may not exceed $75,000.
Duration of payment-Child who becomes 18 years of age
(f)(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) If a child who is 18 years old or older remains partly dependent on the deceased covered employee, the employer or its insurer shall continue to make payments in accordance with subsections (c) and (d) of this section.
(3) 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 up to 5 years after reaching the age of 18 if:
(i) the child is attending school on a full-time basis; and
(ii) the school offers an educational program or a vocational training program and the program is accredited or approved by the Maryland State Department of Education.

Credits

Added by Acts 1991, c. 8, § 2, eff. Oct. 1, 1991. Amended by Acts 1998, c. 690, § 1, eff. Oct. 1, 1998; Acts 2002, c. 550, § 1, eff. Oct. 1, 2002; Acts 2003, c. 319, § 1, eff. Oct. 1, 2003; Acts 2009, c. 616, § 1, eff. July 1, 2009; Acts 2009, c. 617, § 1, eff. July 1, 2009; Acts 2011, c. 435, § 1, eff. Oct. 1, 2011; Acts 2011, c. 436, § 1, eff. Oct. 1, 2011.
Formerly Art. 101, § 36.
MD Code, Labor and Employment, § 9-682, MD LABOR & EMPLY § 9-682
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document