---
kind: "section"
citation: "28 C.F.R. § 74.13"
title: "28"
number: "74.13"
heading: "Payment in the case of a deceased eligible individual."
url: "https://uscodex.org/cfr/28/74.13"
---

# §74.13. Payment in the case of a deceased eligible individual.


In the case of an eligible individual as described in [§ 74.3](/cfr/28/74.3.md) who is deceased, payment shall be made only as follows—

- (a) If the eligible individual is survived by a spouse who is living at the time of payment, such payment shall be made to such surviving spouse.
- (b) If there is no surviving spouse as described in [paragraph (a)](#a) of this subsection, such payment shall be made in equal shares to all children of the eligible individual who are living at the time of payment.
- (c) If there is no surviving spouse described in [paragraph (a)](#a) of this section, and if there are no surviving children as described in [paragraph (b)](#b) of this section, such payment shall be made in equal shares to the parents of the deceased eligible individual who are living at the time of payment.
- (d) If there are no surviving spouses, children or parents as described in paragraphs [(a)](#a), [(b)](#b), and [(c)](#c) of this section, the amount of such payment shall remain in the Fund and may be used only for the purposes set forth in [section 106(b)](/cfr/28/106.md?p=b) of the Act.

## Notes

### Authority

Authority: 50 U.S.C. app. 1989b.

### Source

Source: Order No. 1359-89, 54 FR 34161, Aug. 18, 1989, unless otherwise noted.