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Distribution of Death Benefits (D04)

Death benefits are distributed according to the priorities set out in TLC Section 408.182 (APD 93822), and Section 132.11.

Redistribution of Death Benefits.

Whenever a legal beneficiary dies or otherwise becomes ineligible to receive death benefits, any remaining death benefits will be redistributed among all remaining eligible legal beneficiaries as provided by TLC Sections 408.182 and 408.183. Section 408.184; Section 132.12(a); APD 981055; APD 92107.

NOTE: In accordance with TLC Section 408.183(b-1), which was enacted by the 85th Texas Legislature in House Bill (HB) 2119, redistribution of death benefits does not apply in the event of the remarriage on or after September 1, 2017, of an eligible spouse of a first responder (defined under TLC Section 504.055) who died in the course and scope of employment or while providing services as a volunteer. This subsection applies regardless of the date on which the death of the first responder took place.

TLC Section 408.183(b-1) was amended further during the 86th Texas Legislature as a result of HB 2503. In accordance with this statutory change, the spouse of an individual described by Government Code Section 615.003(1) or TLC Section 501.001(5)(F), will also be eligible to receive death benefits for life regardless of remarriage. This amendment is effective for remarriages taking place on or after September 1, 2019.

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