Texas Insurance Code 1551.259 – Order of Precedence of Payment to Survivors
(a) The amount of group life coverage and group accidental death and dismemberment coverage in force for a participant on the date the participant dies shall be paid, on the establishment of a valid claim, to a person surviving the death in the following order of precedence:
(1) to the beneficiary designated by the participant in a signed and witnessed document mailed before the death of the participant;
(2) if a beneficiary is not designated, to the spouse of the participant;
(3) if Subdivisions (1) and (2) do not apply, to the children of the participant and descendants of the deceased children by representation;
(4) if Subdivisions (1)-(3) do not apply, to the parents of the participant or the survivor of the parents;
(5) if Subdivisions (1)-(4) do not apply, to the executor or administrator of the estate of the participant; or
(6) if Subdivisions (1)-(5) do not apply, to other relatives of the participant entitled under applicable laws of the participant’s domicile on the date of the participant’s death.
(b) If before the first anniversary of the date of death of the participant a claim for payment has not been filed by a person entitled under the order of precedence in Subsection (a), or if payment to the person within that period is prohibited by any statute or rule, payment may be made in the order of precedence as if the person had predeceased the participant.
Terms Used In Texas Insurance Code 1551.259
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Executor: A male person named in a will to carry out the decedent
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
- Statute: A law passed by a legislature.
(c) If before the second anniversary of the date of death of the participant a claim for payment has not been filed by a person entitled under the order of precedence in Subsection (a), and neither the board of trustees nor the office established by the administering carrier has received notice that the claim will be made, payment may be to a claimant equitably entitled to the payment as determined by the board.
(d) If before the fourth anniversary of the date of death of the participant payment has not been made under this section and a claim for payment by a person entitled under this section is not pending, the amount payable escheats to the credit of the employees life, accident, and health insurance and benefits fund.
(e) The board of trustees shall give effect to a full or partial disclaimer of benefits executed in accordance with Chapter 240, Property Code.
(f) Payment under Subsection (b) or (c) bars recovery by any other person.
(g) For purposes of Subsection (a)(1), a designation, change, or cancellation of a beneficiary in a document, including a will, that is not executed and filed in the manner described by that subsection is not valid.