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A BILL TO BE ENTITLED
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AN ACT
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relating to workers' compensation death benefit eligibility for |
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certain spouses of certain peace officers killed in the line of |
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duty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 408.183, Labor Code, is amended by |
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adding Subsections (b-1) and (b-2) to read as follows: |
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(b-1) Notwithstanding Subsection (b), an eligible spouse |
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who remarried is eligible for death benefits if: |
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(1) the employee was a sheriff, sheriff's deputy, or |
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reserve deputy who held a permanent peace officer license under |
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Chapter 1701, Occupations Code, who was killed in the line of duty; |
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and |
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(2) the spouse's remarriage ended as a result of |
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divorce or death. |
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(b-2) Death benefits under Subsection (b-1) begin on the day |
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after the date the remarriage ended and continue for life or until a |
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subsequent remarriage. On subsequent remarriage, the eligible |
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spouse is entitled to receive 104 weeks of death benefits, commuted |
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as provided by commissioner rule. |
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SECTION 2. Section 408.184, Labor Code, is amended by |
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adding Subsections (b-1) and (d) to read as follows: |
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(b-1) If a spouse described by Section 408.183(b-1) becomes |
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eligible for benefits on the end of the spouse's remarriage, the |
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spouse's benefits shall be resumed and the benefits payable to any |
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other legal beneficiaries shall be adjusted accordingly. |
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(d) If, after the insurance carrier pays an amount to the |
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subsequent injury fund under Subsection (c), a spouse becomes |
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eligible for benefits under Section 408.183(b-1), the insurance |
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carrier may request reimbursement from the subsequent injury fund |
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for amounts paid to the spouse. The total reimbursement to the |
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insurance carrier under this subsection may not exceed the total |
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amount the insurance carrier paid to the subsequent injury fund for |
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that claim under Subsection (c). |
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SECTION 3. The changes in law made by this Act to Sections |
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408.183 and 408.184, Labor Code, apply only to a claim for workers' |
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compensation benefits based on a compensable injury that occurs on |
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or after the effective date of this Act. A claim based on a |
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compensable injury that occurs before that date is governed by the |
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law in effect on the date the compensable injury occurred, and the |
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former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |