EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. NRS 616C.505 is hereby amended to read as follows:

1-2 616C.505 If an injury by accident arising out of and in the course of

1-13 United States.]

2-1 2. To the surviving spouse of the deceased employee, 66 2/3 percent

2-2 of the average monthly wage is payable until his death or remarriage, with

2-3 2 years’ compensation payable in one lump sum upon remarriage.

3-1 3. In the event of the subsequent death of the surviving spouse:

3-2 (a) Each surviving child of the deceased employee must share equally

3-3 the compensation theretofore paid to the surviving spouse but not in excess

3-4 thereof, and it is payable until the youngest child reaches the age of 18

3-5 years.

3-6 (b) Except as otherwise provided in subsection 11, if the children have a

3-7 guardian, the compensation they are entitled to receive may be paid to the

3-8 guardian.

3-9 4. Upon the remarriage of a surviving spouse with children:

3-10 (a) The surviving spouse must be paid 2 years’ compensation in one

3-11 lump sum and further benefits must cease; and

3-12 (b) Each child must be paid 15 percent of the average monthly wage, up

3-13 to a maximum family benefit of 66 2/3 percent of the average monthly

3-14 wage.

3-15 5. If there are any surviving children of the deceased employee under

3-16 the age of 18 years, but no surviving spouse, then each such child is

3-17 entitled to his proportionate share of 66 2/3 percent of the average monthly

3-18 wage for his support.

3-19 6. Except as otherwise provided in subsection 7, if there is no

3-20 surviving spouse or child under the age of 18 years, there must be paid:

3-21 (a) To a parent, if wholly dependent for support upon the deceased

3-22 employee at the time of the injury causing his death, 33 1/3 percent of the

3-23 average monthly wage.

3-24 (b) To both parents, if wholly dependent for support upon the deceased

3-25 employee at the time of the injury causing his death, 66 2/3 percent of the

3-26 average monthly wage.

3-27 (c) To each brother or sister until he or she reaches the age of 18 years,

3-28 if wholly dependent for support upon the deceased employee at the time of

3-29 the injury causing his death, his proportionate share of 66 2/3 percent of

3-30 the average monthly wage.

3-31 7. The aggregate compensation payable pursuant to subsection 6 must

3-32 not exceed 66 2/3 percent of the average monthly wage.

3-33 8. In all other cases involving a question of total or partial

3-34 dependency:

3-35 (a) The extent of the dependency must be determined in accordance

3-36 with the facts existing at the time of the injury.

3-37 (b) If the deceased employee leaves dependents only partially

3-38 dependent upon his earnings for support at the time of the injury causing

3-39 his death, the monthly compensation to be paid must be equal to the same

3-40 proportion of the monthly payments for the benefit of persons totally

3-41 dependent as the

4-1 amount contributed by the deceased employee to the partial dependents

4-2 bears to the average monthly wage of the deceased employee at the time of

4-3 the injury resulting in his death.

4-4 (c) The duration of compensation to partial dependents must be fixed in

4-5 accordance with the facts shown, but may not exceed compensation for

4-6 100 months.

4-7 9. Compensation payable to a surviving spouse is for the use and

4-8 benefit of the surviving spouse and the dependent children, and the insurer

4-9 may, from time to time, apportion such compensation between them in

4-10 such a way as it deems best for the interest of all dependents.

4-11 10. In the event of the death of any dependent specified in this section

4-12 before the expiration of the time during which compensation is payable to

4-13 him, funeral expenses are payable in an amount not to exceed $5,000.

4-14 11. If a dependent is entitled to receive a death benefit pursuant to this

4-15 section and is less than 18 years of age or incompetent, the legal

4-16 representative of the dependent shall petition for a guardian to be

4-17 appointed for that dependent pursuant to NRS 159.044. An insurer shall

4-18 not pay any compensation in excess of $3,000, other than burial expenses,

4-19 to the dependent until a guardian is appointed and legally qualified. Upon

4-20 receipt of a certified letter of guardianship, the insurer shall make all

4-21 payments required by this section to the guardian of the dependent until the

4-22 dependent is emancipated, the guardianship terminates or the dependent

4-23 reaches the age of 18 [,] years, whichever occurs first, unless paragraph (a)

4-24 of subsection 12 is applicable. The fees and costs related to the

4-25 guardianship must be paid from the estate of the dependent. A

4-26 guardianship established pursuant to this subsection must be administered

4-27 in accordance with chapter 159 of NRS, except that after the first annual

4-28 review required pursuant to NRS 159.176, a court may elect not to review

4-29 the guardianship annually. The court shall review the guardianship at least

4-30 once every 3 years. As used in this subsection, "incompetent" has the

4-31 meaning ascribed to it in NRS 159.019.

4-32 12. Except as otherwise provided in paragraphs (a) and (b), the

4-33 entitlement of any child to receive his proportionate share of compensation

4-34 pursuant to this section ceases when he dies, marries or reaches the age of

4-35 18 years. A child is entitled to continue to receive compensation pursuant

4-36 to this section if he is:

4-37 (a) Over 18 years of age and incapable of supporting himself, until such

4-38 time as he becomes capable of supporting himself; or

4-39 (b) Over 18 years of age and enrolled as a full-time student in an

4-40 accredited vocational or educational institution, until he reaches the age of

4-41 22 years.

5-1 13. As used in this section, "surviving spouse" means a surviving

5-2 husband or wife who was married to the employee at the time of the

5-3 employee’s death.

5-4 Sec. 2. This act becomes effective on July 1, 1999.