1. (a) A spouse who is determined eligible for death benefits is entitled to receive benefits until the date of the spouse's death or until remarriage. The carrier shall notify the eligible spouse of the requirements of this rule within 60 days of initiating benefits to that spouse.
2. (b) An eligible spouse who enters into a ceremonial or common law marriage is entitled to receive a lump-sum payment of 104 weeks of death benefits.
3. (c) An eligible spouse shall notify the commission and the carrier in writing within 30 days of the date of remarriage. The notice shall include the name and social security number of the deceased employee, the date of death, the workers' compensation claim file number, and the date of remarriage.
4. (d) The amount of the lump-sum payment shall be calculated by multiplying the amount paid to the spouse the week prior to the remarriage by 104. If the carrier paid any weekly benefits to the eligible spouse after the remarriage, the total amount of such payments shall be deducted from the amount of the commuted payment.
5. (e) An eligible spouse who knowingly accepts death benefits after remarriage in excess of the amount allowed by this rule, and who does not notify the commission or the carrier of remarriage, may be subject to administrative penalties under the Texas Workers' Compensation Act, §10.04.

Source Note:The provisions of this §132.7 adopted to be effective January 1, 1991, 15 TexReg 7023.