N.M. Admin. Code § 11.3.300.318

Current through Register Vol. 35, No. 17, September 10, 2024

Section 11.3.300.318 - BENEFITS DUE DECEASED PERSONS

A. If prior to the claimant's death, a claimant had filed a weekly certification, for benefits which were unpaid at the time of the claimant's death, the benefits shall be paid to the deceased claimant's court-appointed executor, administrator or personal representative. If the deceased claimant's next of kin demonstrates, to the secretary's satisfaction, that the court appointment of a fiduciary is impractical or legally unnecessary, then the benefits shall be paid to the next of kin. The order of priority for such payment shall be:

(1) one-half to the surviving spouse, if residing with the deceased claimant at the time of death, and one-half to the natural parent or physical custodian of any minor children or any dependent disabled adult children of the deceased claimant (if more than one, per capita by children and not per stirpes);

(2) if no minor children and no dependent disabled adult children of the deceased claimant, all to the surviving spouse; if no surviving spouse, all equally

(3) to the surviving adult children; if no surviving adult children, all equally

(4) to the surviving parents; if no surviving parents, all equally

(5) to the surviving siblings; if no surviving siblings, all

(6) to the deceased claimant's heirs at law as provided in the New Mexico Probate Code, Sections 45-2-101 through 45-2-114 NMSA 1978.

B. Whenever there is more than one legal heir in any of the above classes, payment may be made to any one of such group as agent for the others upon submission of proper evidence of authority and identification.

C. Application for payment of benefits must be made in writing and on the prescribed form within six months of the death of the decedent and must be accompanied by a certified copy of the death certificate. The application form shall set forth that the individual died intestate, that no executor, administrator or personal representative has been appointed to administer the deceased claimant's estate, and the relationship of the person to the deceased. Any outstanding payments representing benefits claimed must accompany the application for payment for re-issuance.

D. Unless, within the time prescribed herein a claim is made for benefits due a deceased claimant by one of the parties herein authorized to make such claim, any payments issued directly to the deceased claimant shall be canceled, and any additional benefit payments due to the deceased claimant for weeks of unemployment prior to the claimant's death shall be canceled, and all sums represented by benefits payable to the deceased claimant prior to the claimant's death shall remain a part of the unemployment compensation fund.

N.M. Admin. Code § 11.3.300.318

7-15-98; 11.3.300.318 NMAC - Rn & A, 11 NMAC 3.300.318, 01-01-2003; A, 11-15-2012, Adopted by New Mexico Register, Volume XXIX, Issue 20, October 30, 2018, eff. 11/1/2018