§386-43  Duration of dependents' weekly
benefits.  (a)  The weekly benefits to dependents shall continue:



To a surviving spouse or reciprocal
beneficiary, until death, remarriage, marriage, or entry into a new reciprocal
beneficiary relationship with two years' compensation in one sum upon
remarriage, marriage, or entry into a new reciprocal beneficiary relationship.



To or for a child, (1) so long as unmarried,
until attainment of the age of eighteen, or (2) so long as unmarried, until
attainment of the age of twenty if the child is a full-time student at a high
school, business school, technical school, or unmarried and under twenty-two
years if the child is a full-time undergraduate student at a college, or (3) so
long as unmarried, until termination of the child's incapability of
self-support, or (4) until marriage, except that in the case of a married child
under eighteen, weekly benefits shall continue during the period of actual
dependency until attainment of the age of eighteen.



To a parent or grandparent, for the duration,
whether continuous or not, of such actual dependency, provided that the amount
of the weekly benefits shall at no time exceed the amount payable at the time
of death.



To or for a grandchild, brother, or sister, for
the period in which he or she remains actually and wholly dependent until
attainment of the age of eighteen or termination of the incapability of
self-support.



(b)  The aggregate weekly benefits payable on
account of any one death shall not exceed the product of 312 times the
effective maximum weekly benefit rate prescribed in section 386-31, but this
limitation shall not apply with respect to benefits to a surviving spouse or
reciprocal beneficiary who is physically or mentally incapable of self-support
and unmarried as long as he or she remains in that condition and to benefits to
a child and to benefits to an unmarried child over eighteen incapable of
self-support as long as he or she is otherwise entitled to such compensation.



(c)  Upon the cessation under this section of
compensation to or for any person, the benefits of the remaining dependents in
the same class for any further period during which they are entitled to weekly
payments shall be in the amounts which they would have received, had they been
the only dependents entitled to benefits at the time of the employee's death.
[L 1963, c 116, pt of §1; Supp, §97-42; am L 1966, c 6, §2; am L 1967, c 257,
§2; HRS §386-43; am L 1974, c 151, §2 and c 153, §5; am L 1975, c 4, §1; gen ch
1985; am L 1997, c 383, §55]



 



Case Notes



 



  The date-of-death maximum weekly benefit rate should be used
to calculate death benefits.  109 H. 255, 125 P.3d 476.



  Part-time students, as defined by each individual educational
institution, are not entitled to compensation under subsection (a) and
§386-42(a).  84 H. 390 (App.), 935 P.2d 105.



  Cited:  27 H. 431, 435.