(1) An employer shall pay fringe benefits pursuant to this section on behalf of a deceased employee as designated by the terms set forth in the written contract, written policy, or written plan.
  (2) Except as provided in subsection (3), an employer shall pay the wages and fringe benefits not paid in accordance with subsection (1) due a deceased employee to 1 or more of the following persons in the priority listed:

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Terms Used In Michigan Laws 408.480

  • Contract: A legal written agreement that becomes binding when signed.
  • Employee: means an individual employed by an employer. See Michigan Laws 408.471
  • Employer: means an individual, sole proprietorship, partnership, association, or corporation, public or private; this state or an agency of this state; a city, county, village, township, school district, or intermediate school district; an institution of higher education; or an individual acting directly or indirectly in the interest of an employer who employs 1 or more individuals. See Michigan Laws 408.471
  • Fringe benefits: means compensation due an employee pursuant to a written contract or written policy for holiday, time off for sickness or injury, time off for personal reasons or vacation, bonuses, authorized expenses incurred during the course of employment, and contributions made on behalf of an employee. See Michigan Laws 408.471
  • Wages: means all earnings of an employee whether determined on the basis of time, task, piece, commission, or other method of calculation for labor or services except those defined as fringe benefits under subdivision (e) above. See Michigan Laws 408.471
  (a) The deceased employee’s surviving spouse.
  (b) The deceased employee’s surviving children.
  (c) The deceased employee’s surviving mother or father.
  (d) The deceased employee’s surviving sister or brother.
  (3) If the employee has established a designee or designees by a signed statement filed with the employer before the employee’s death and letters of administration are not required to be issued for the estate of the deceased employee, the employer shall make those payments to the designee or designees in the signed statement.
  (4) Payment under this section shall be a full discharge and release of the employer from the wages and fringe benefits due and owing the deceased employee.