DWC Proposes Amendments to Death Benefits Rule
The Texas Department of Insurance, Division of Workers’ Compensation (DWC) is accepting public comments on a proposed rule amending 28 Texas Administrative Code §132.7 to conform to Texas Labor Code §408.183. The Legislature amended Labor Code §408.183 under House Bill (HB) 2503, which went into effect September 1, 2019.
The law in Texas has historically been that death benefits are payable to a surviving spouse for life or until remarriage, whichever occurs first. Several years ago, the act was amended to provide that surviving spouses of first responders would be permitted to remarry without losing death benefit entitlement under the Texas Act.
The Division says that the proposed changes are intended to align DWC’s rules regarding the duration of death benefits with the statutory changes made by HB 2503.
Last legislative session, HB 2503 by Rep. Kacal extended lifetime eligibility for death benefits to the surviving spouses of other state employees such as peace officers, parole officers, jailers or guards or other employees described by Section 615.003(1), Government Code, or Section 501.001(5)(F).
These changes expanded eligibility of spouses who may receive death benefits for life, regardless of remarriage, to spouses of peace officers as described in Texas Code of Criminal Procedures Article 2.12 and intrastate fire mutual aid system team members or regional incident management team members.
HB 2503 only applies to an eligible spouse who remarries on or after September 1, 2019.
The proposed rules will be published in the June 19, 2020, issue of the Texas Register and available at www.sos.state.tx.us/texreg/index.shtml once published. We will also post a copy of the proposed rules on the TDI website at: www.tdi.texas.gov/wc/rules/2020rules.html.
Carriers can submit written comments on the proposed rules to RuleComments@tdi.texas.gov, or by mailing or delivering your comments to:
Cynthia Guillen
DWC Legal Services, MS-4D
Texas Department of Insurance, Division of Workers’ Compensation
7551 Metro Center Drive, Suite 100
Austin, Texas 78744-1645.
The deadline to submit comments is 5 p.m., Central time, on Monday, July 13, 2020.
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