FOR AN ACT ENTITLED, An Act to  revise certain provisions to provide workers' compensation benefits to children of deceased employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 62-4-12 be amended to read as follows:
     62-4-12.   The amount of compensation which shall be paid for an injury to the employee resulting in death, if the employee leaves a spouse , child or and any children, shall be paid at the rate provided by §   62-4-3 for life or until remarriage in the case of a spouse , and in the event of remarriage . If the spouse remarries , two years' benefits shall be paid to the spouse in a lump sum ; and in the case of a child or . The amount of compensation which shall be paid for an injury to the employee resulting in death, if the employee leaves any children and no spouse, shall be paid at the rate provided by §  62-4-3 until the child is age eighteen or for life in the case of a any child or children who are is physically or mentally incapable of supporting themselves self- support or until age twenty-two if the for any child or children are enrolled as a full-time student in any accredited educational institution. If the child or children are not in the custody of the surviving spouse, the compensation shall be divided pursuant to the provisions of §   29-1-5.

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     Section  2.  That chapter 62-4 be amended by adding thereto a NEW SECTION to read as follows:

     The amount of compensation which shall be paid for an injury to the employee resulting in death, if the employee leaves any child who is not in the custody of the surviving spouse, shall be paid at the rate provided by §  62-4-3, with half of the amount being paid to the surviving spouse. The other half shall be paid to the surviving child or in equal shares to the surviving children, until age eighteen, or for life in the case of a child who is physically or mentally incapable of self-support, or until age twenty-two for any child enrolled as a full-time student in any accredited educational institution. When a child is no longer eligible for benefits, his or her share shall be paid to the surviving spouse.