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U.S. Code as of:
01/19/04
Section 909. Compensation for death
If the injury causes death, the compensation therefore shall be
known as a death benefit and shall be payable in the amount and to
or for the benefit of the persons following:
(a) Reasonable funeral expenses not exceeding $3,000.
(b) If there be a widow or widower and no child of the deceased,
to such widow or widower 50 per centum of the average wages of the
deceased, during widowhood, or dependent widowerhood, with two
years' compensation in one sum upon remarriage; and if there be a
surviving child or children of the deceased, the additional amount
of 16 2/3 per centum of such wages for each such child; in case of
the death or remarriage of such widow or widower, if there be one
surviving child of the deceased employee, such child shall have his
compensation increased to 50 per centum of such wages, and if there
be more than one surviving child of the deceased employee, to such
children, in equal parts, 50 per centum of such wages increased by
16 2/3 per centum of such wages for each child in excess of one:
Provided, That the total amount payable shall in no case exceed 66
2/3 per centum of such wages. The deputy commissioner having
jurisdiction over the claim may, in his discretion, require the
appointment of a guardian for the purpose of receiving the
compensation of a minor child. In the absence of such a requirement
the appointment of a guardian for such purposes shall not be
necessary.
(c) If there be one surviving child of the deceased, but no widow
or widower, then for the support of such child 50 per centum of the
wages of the deceased; and if there be more than one surviving
child of the deceased, but no widow or dependent husband, then for
the support of such children, in equal parts 50 per centum of such
wages increased by 16 2/3 per centum of such wages for each child
in excess of one: Provided, That the total amount payable shall in
no case exceed 66 2/3 per centum of such wages.
(d) If there be no surviving wife or husband or child, or if the
amount payable to a surviving wife or husband and to children shall
be less in the aggregate than 66 2/3 per centum of the average
wages of the deceased; then for the support of grandchildren or
brothers and sisters, if dependent upon the deceased at the time of
the injury, and any other persons who satisfy the definition of the
term "dependent" in section 152 of title 26, but are not otherwise
eligible under this section, 20 per centum of such wages for the
support of each such person during such dependency and for the
support of each parent, or grandparent, of the deceased if
dependent upon him at the time of the injury, 25 per centum of such
wages during such dependency. But in no case shall the aggregate
amount payable under this subsection exceed the difference between
66 2/3 per centum of such wages and the amount payable as
hereinbefore provided to widow or widower and for the support of
surviving child or children.
(e) In computing death benefits, the average weekly wages of the
deceased shall not be less than the national average weekly wage as
prescribed in section 906(b) of this title, but -
(1) the total weekly benefits shall not exceed the lesser of
the average weekly wages of the deceased or the benefit which the
deceased employee would have been eligible to receive under
section 906(b)(1) of this title; and
(2) in the case of a claim based on death due to an
occupational disease for which the time of injury (as determined
under section 910(i) of this title) occurs after the employee has
retired, the total weekly benefits shall not exceed one
fifty-second part of the employee's average annual earnings
during the 52-week period preceding retirement.
(f) All questions of dependency shall be determined as of the
time of the injury.
(g) Aliens: Compensation under this chapter to aliens not
residents (or about to become nonresidents) of the United States or
Canada shall be the same in amount as provided for residents,
except that dependents in any foreign country shall be limited to
surviving wife and child or children, or if there be no surviving
wife or child or children, to surviving father or mother whom the
employee has supported, either wholly or in part, for the period of
one year prior to the date of the injury, and except that the
Secretary may, at his option or upon the application of the
insurance carrier shall, commute all future installments of
compensation to be paid to such aliens by paying or causing to be
paid to them one-half of the commuted amount of such future
installments of compensation as determined by the Secretary.
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