1. The maximum payment for death benefits are payable at the decedent’s temporary total disability rate, biweekly.

2. If there are no children entitled to benefits, then all to the surviving spouse for the projected probable lifespan of the decedent based on current mortality tables as published by the Centers for Disease Control/National Center for Health Statistics, the life of the surviving spouse or until remarriage, whichever comes first; provided, that upon remarriage two years’ benefits shall be paid to the surviving spouse in a lump sum. To be an eligible “surviving spouse” under this Act, the surviving spouse must have been married and living with the decedent at the time of the compensable injury. If there are surviving eligible children, the surviving spouse shall be entitled to one-half of death benefits.

3. If there is a surviving spouse, one-half of death benefits paid to each surviving eligible child in equal shares.

4. If there is no surviving spouse, benefits are to be paid to each surviving eligible child in equal shares until the child shall reach the age of eighteen (18), or until the child dies, whichever comes first.

Any child will be eligible for continued benefits beyond the age of eighteen (18) should they become enrolled as a full-time student in an accredited educational institution within six months of graduating from high school. They shall be eligible for continued benefits to the age of twenty-three (23) as long as they continue as a full-time student; and

Any child who was physically or mentally incapacitated from earning at the time of the compensable injury causing death for the duration of the incapacity or the incapacitated child’s death, whichever is earlier.

5. If there is no surviving spouse, nor any surviving eligible children, death benefits shall be paid to any surviving minor and dependent grandchildren equally, until such time as the grandchild dies or reaches the age of eighteen (18), whichever comes first.

Any grandchild will be eligible for continued benefits beyond the age of eighteen (18) should they become enrolled as a full-time student in an accredited educational institution within six months of graduating from high school. They shall be eligible for continued benefits to the age of twenty-three (23) as long as they continue as a full-time student; and

Any grandchild who was physically or mentally incapacitated from earning at the time of the compensable injury causing death for the duration of the incapacity or the incapacitated child’s death, whichever is earlier.

6. If there is no surviving spouse, child or grandchild, the death benefits shall be paid to a surviving dependent who is a parent, sibling, or grandparent of the deceased and who were wholly dependent on the earnings of the worker for support at the time of the compensable injury. If more than one of these dependents survives the deceased, the death benefits shall be divided among them in equal shares. Death benefits shall continue for the projected probable life span of the decedent based on current mortality tables as published by the Centers for Disease Control/National Center for Health Statistics or the life of the surviving dependent, whichever comes first.

7. If the worker is not survived by any legal beneficiaries any duty to pay such benefits, but not including burial benefits, under this chapter shall cease immediately.