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

To a surviving spouse or reciprocalbeneficiary, until death, remarriage, marriage, or entry into a new reciprocalbeneficiary relationship with two years' compensation in one sum uponremarriage, 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, untilattainment of the age of twenty if the child is a full-time student at a highschool, business school, technical school, or unmarried and under twenty-twoyears if the child is a full-time undergraduate student at a college, or (3) solong as unmarried, until termination of the child's incapability ofself-support, or (4) until marriage, except that in the case of a married childunder eighteen, weekly benefits shall continue during the period of actualdependency 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 amountof the weekly benefits shall at no time exceed the amount payable at the timeof death.

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

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

(c)  Upon the cessation under this section ofcompensation to or for any person, the benefits of the remaining dependents inthe same class for any further period during which they are entitled to weeklypayments shall be in the amounts which they would have received, had they beenthe 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 ch1985; am L 1997, c 383, §55]

 

Case Notes

 

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

  Part-time students, as defined by each individual educationalinstitution, 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.