Benefits Due Deceased Claimants

PURPOSE: This rule identifies the person to receive benefits due a deceased claimant and sets out the method of payment. This rule implements section 288.060, RSMo. (1) If benefits are due a deceased person, those benefits shall be paid to the person(s) who has been issued letters testamentary or of administration pursuant to an application filed within thirty (30) days after the claimant’s death. (2) In the event that no application for letters testamentary or of administration has been filed within thirty (30) days after the claimant’s death, the benefits which were due the claimant shall be paid to the decedent’s surviving spouse, if any; or, if no spouse survives the decedent and s/he is survived by an unmarried minor child(ren), then the benefits, at the discretion of the director, shall be paid to— (A) The guardian(s) of the unmarried minor child(ren) for the benefit of the child(ren); (B) Any person or institution who or which the director finds shall have assumed the obligation of the providing support for or maintenance of the minor child(ren); (C) Any person who the director finds has furnished to the child(ren) necessities of a value equaling or exceeding the amount of benefits; or (D) Any person who the director finds has paid expenses of the claimant’s last illness or his/her burial expenses in an amount equaling or exceeding the amount of benefits. (3) The treasurer shall cause any unredeemed check(s) payable to a deceased person to be surrendered and voided and, in lieu of the unredeemed check, shall issue a new check(s) bearing the same dates and numbers and made payable to the person(s) entitled under the provisions of this rule. The issuance of the new check(s) shall fully discharge the division of its obligation in respect to the claims covered by the claimant and no other person shall claim or assert any right in respect to the claim. (4) Any person claiming entitlement to the payment of benefits under this rule shall present the claim in writing within sixty (60) days after the death of the claimant and shall offer proof in a form as the division may require; provided, however, that the director, upon good cause shown, may extend the time for presentation of the claim. (5) In the event no claim is made for the payment of these benefits within the time limit previously specified or any extension of a time limit, the benefits shall not be paid, but shall remain in the unemployment compensation fund. AUTHORITY: section 288.220, RSMo 1994.* This rule was previously known as regulation no. 6. Original rule filed Sept. 30, 1946, effective Oct. 10, 1946. Amended: Filed June 20, 1951, effective July 1, 1951. Amended: Filed Aug. 1, 1957, effective Aug. 29, 1957. Amended: Filed Nov. 21, 1975, effective Dec. 1, 1975. *Original authority: 288.220, RSMo 1951, amended 1955, 1961, 1963, 1967, 1971.