1. (A) When a benefit due an individual has been unpaid at the time of death and the estate of the individual has not been administered in the probate court within sixty days after the time of death, the department may pay benefit amounts the deceased may have been entitled to:

   1. (1) the surviving wife or husband and, if there is none;
   2. (2) the minor children and, if there are none;
   3. (3) the adult children and, if there are none;
   4. (4) the parents of the deceased and, if there are none;
   5. (5) a person dependent on the deceased.
2. (B) If there is no person within those classifications, the payments due the deceased must lapse and revert to the unemployment trust fund.
3. (C) Payment to a responsible adult with whom minor children are making their home, upon a written pledge to use the payment for the benefit of these minors, is considered proper and legal payment to the minor children without the requirement of formal appointment of a guardian.

HISTORY: 1962 Code Section 68-103; 1952 Code Section 68-103; 1942 Code Section 7035-83; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 2010 Act No. 146, Section 73, eff March 30, 2010.

Effect of Amendment

The 2010 amendment substituted "department" for "Commission"; added subsection designations (A), (B), and (C) to previously undesignated paragraphs; and made other nonsubstantive changes throughout the section.