Section 5

Citation: Section 5
Parent Document: Donaldson v. State of Montana, 2012 MT 288 (2012)
Jurisdiction: Montana (state)
Effective Date: 2012-12-17
Original Source: https://www.courtlistener.com/opinion/889962/donaldson-v-state-of-montana/ ↗
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Definitions                                                 Defines dependant in terms of disability insurance as a spouse or unmarried child under 25 years of age.
Title 33   Insurance and Insurance Companies Chapter 22 Disability Insurance                  Part 1    General Provisions                          Section 140
                                                                                                                                                                      Format and content                                          Exempts eligible family members (including husband or wife) from requirement that policies insure only one person
Title 33   Insurance and Insurance Companies Chapter 22 Disability Insurance                  Part 2    Individual Policy Requirements              Section 201
                                                                                                        Requirements for Certain Individual
                                                                                                                                                                      N/A                                                         Provide for right of covered family members to continuity of coverage in event of death, divorce, annulment or legal separation.
Title 33   Insurance and Insurance Companies Chapter 22 Disability Insurance                  Part 3    Coverages                                 Sections 306-311
                                                                                                                                                                      Insured's family--conversion entitlement                    Provides for conversion of policy for spouse under specific circumstances
Title 33   Insurance and Insurance Companies Chapter 22 Disability Insurance                  Part 5    Group Disability Insurance                  Section 510
                                                                                                                                                                      Special enrollment periods                                  Requires that group health plans allow for dependent special enrollment periods for events such as marriage and adoption.
Title 33   Insurance and Insurance Companies Chapter 22 Disability Insurance                  Part 5    Group Disability Insurance                  Section 523
                                                                                                        Small Employer Health Insurance
                                                                                                                                                                      Definitions                                                 Definition of "Dependent" includes spouse
Title 33   Insurance and Insurance Companies Chapter 22 Disability Insurance                  Part 18   Availability Act                            Section 1803
                                                                                                                                                                      Premium incentive payments, premium assistance payments,
                                                                                                                                                                      and tax credits for small employer health insurance premiums Small employers may claim a tax credit for health insurance premiums for spouse and dependants.
                                                                                                        Small Business Health Insurance
                                                                                                                                                                      paid--eligibility for small group coverage--amounts
Title 33   Insurance and Insurance Companies Chapter 22 Disability Insurance                  Part 20   Purchasing Pool                             Section 2006
                                                                                                                                                                      Definitions                                                 Definition of "Associate" includes spouse, parent or child of a producer in title business
Title 33   Insurance and Insurance Companies Chapter 25 Montana Title Insurance Act           Part 1    General Provisions                          Section 105
                                                                                                                                                                      Insured's family--conversion entitlement                    Provides for conversion of policy for spouse under specific circumstances
Title 33   Insurance and Insurance Companies   Chapter 30 Health Service Corporations         Part 10   Health Service Corporation Plans            Section 1009
           Corporations, Partnerships, and
                                                                                                                                                                      Definitions                                                 Definition of "Related person" includes certain persons related to director by affinity
Title 35   Associations                        Chapter 1    Business Corporations             Part 4    Directors and Officers                      Section 461
           Corporations, Partnerships, and                                                                                                                                                                                        Excludes transfers to shareholder's immediate family (which includes spouse and spouses of descendants and siblings) from bar on transfer of
                                                                                                                                                                      Share transfer prohibition
Title 35   Associations                        Chapter 9    Montana Close Corporation Act     Part 2    Share Transfer Restrictions                 Section 202                                                                   shares of a statutory close corporation
           Corporations, Partnerships, and                                                              Operation--Members, Trustees, and                             Board of trustees--number--qualifications--removal--
                                                                                                                                                                                                                                  Restricts husbands and wives from both being elected trustees in cooperative in which they own a joint membership
Title 35   Associations                        Chapter 18 Rural Cooperative Utilities         Part 3    Officers                                    Section 311       compensation--husband and wife
           Corporations, Partnerships, and                                                              Operations Generally--Trustees of                                                                                         Establishes restrictions on whom may be interred in a lot. Husbands and wives of person having an interest (and relatives of those spouses) may
                                                                                                                                                                      Inalienability of lots
Title 35   Associations                        Chapter 20 Cemetery Associations               Part 2    Association                                 Section 216                                                                   be interred.
           Corporations, Partnerships, and                Mausoleum and Columbarium
                                                                                                                                                                      Removal of remains--when removal excepted                   Spouse at top of list of people who may consent to the remains of a deceased person being removed from a plot.
Title 35   Associations                        Chapter 21 Authorities                         Part 8    Mausoleum-Columbarium Authorities           Section 812
           Corporations, Partnerships, and                Mausoleum and Columbarium
                                                                                                                                                                      Property interests in plot--estate tax                      The spouse of an owner of a plot containing more than one interment space has a vested right to be interred in the plot.
Title 35   Associations                        Chapter 21 Authorities                         Part 8    Mausoleum-Columbarium Authorities           Section 827
           Corporations, Partnerships, and                Mausoleum and Columbarium                                                                                                                                               Order of whom may be interred in a family plot (when no disposition of plot was completed before owner died) includes spouse of owner and of
                                                                                                                                                                      Family plots
Title 35   Associations                        Chapter 21 Authorities                         Part 8    Mausoleum-Columbarium Authorities           Section 828                                                                   owner's children.
                                                                                                                                                                                                                                  In the absence of pre-established instructions by the decedent, disputes, or the designation of a person with the right to control decedent's
                                                                                                                                                                      Priority of rights of disposition                           disposition, a surviving spouse is vested with the right to control the disposition of the remains of a deceased person, including the location,
Title 37   Professions and Occupations         Chapter 19 Morticians and Funeral Directors    Part 9    Right of Disposition of Remains             Section 904                                                                   manner, and conditions of the disposition and arrangements for funeral goods and services.
                                                                                                                                                                                                                                  Right of disposition of deceased person's remains does not vest in spouse if a petition to dissolve the marriage was pending at the time of the
Title 37   Professions and Occupations         Chapter 19 Morticians and Funeral Directors    Part 9    Right of Disposition of Remains             Section 906       Loss of right of disposition                                decedent's death
                                                          Real Estate Brokers and                                                                                     Definition of property management--exemptions from
                                                                                                                                                                                                                                  Excludes spouse of property owner from property management license requirements
Title 37   Professions and Occupations         Chapter 51 Salespersons                        Part 6    Licensure of Property Managers              Section 602       application
                                                                                                        Minimum Wage and Overtime
                                                                                                                                                                                                                                  Provides for exemptions from overtime regulations for forms of employment involving employee's spouse and/or immediate family members.
Title 39   Labor                               Chapter 3  Wages and Wage Protection           Part 4    Protection                                  Section 406       Exclusions
                                                          Veterans' Public Employment                                                                                                                                             Definition of "Eligible relative" includes unmarried surviving spouse, spouse of disabled veteran and mother of disabled veteran (if mother's spouse
Title 39   Labor                               Chapter 29 Reference                           Part 1    General Provisions                          Section 101       Definitions                                                 is disabled)
                                                                                                                                                                                                                                  Provides for public employment preference for a job applicant who is either a person with a disability or an eligible spouse of such a person, as
                                                          Persons With Disabilities Public                                                                            Employment preference in initial hiring                     long as the job applicant meets statutory eligibility requirements - subject to eligibility requirements listed in Section 202 and duration of preference
Title 39   Labor                               Chapter 30 Employment Reference                Part 2    Operative Provisions                        Section 201                                                                   as stated in Section 203
                                                                                                        Right to Work Without Union
                                                                                                                                                                                                                                  Any union or member of a union who infringes or interferes with the right of an owner and the members of the owner's immediate family (defined
                                                          General Limitations on Collective             Interference in Certain Small
                                                                                                                                                                                                                                  as the owner's spouse or children under the age of 18 years) to do any work in the owner's place of business is guilty of an unfair labor practice.
Title 39   Labor                               Chapter 33 Bargaining Rights                   Part 1    Businesses                                  Section 103       Unfair labor practice
                                                                                                                                                                                                                                  Exempts from the definition of "wages," medical or hospitalization expenses in connection with sickness or accident disability, including health
                                                                                                                                                                                                                                  insurance for the employee or the employee's immediate family and expenses related to death, including life insurance for the employee or the
Title 39   Labor                               Chapter 51 Unemployment Insurance              Part 2    Definitions                                 Section 201       General definitions                                         employee's immediate family.
Title 39   Labor                               Chapter 51 Unemployment Insurance              Part 2    Definitions                                 Section 204       Exclusions from definition of employment                    Employment does not include service performed by a dependant or spouse of a sole proprietor.
                                                                                                                                                                                                                                  Provides for the payment of all accrued benefits due and payable at the time of death to any deceased claimant to the surviving spouse (if such
                                                                                                                                                                      Continuation of benefits at death of claimant
Title 39   Labor                               Chapter 51 Unemployment Insurance              Part 22   Amount and Duration of Benefits             Section 2205                                                                  person exists)
Title 39   Labor                               Chapter 51 Unemployment Insurance              Part 23   Benefit Disqualification                    Section 2302      Disqualification for leaving work without good cause        Includes as good cause for leaving employment leaving because of the mandatory military transfer of the individual's spouse.
                                                                                                                                                                                                                                  Under workers' compensation statutes, beneficiary is defined as a surviving spouse, unmarried child, dependant parent, or brother or sister under
                                                                                                                                                                      Definitions                                                 18 (if other dependants do not exist) living with or legally entitled to be supported by the deceased at the time of injury.
Title 39   Labor                               Chapter 71 Workers' Compensation               Part 1    General Provisions                        Section 116(4)(a)
                                                                                                                                                                                                                                  Exempts from the definition of "wages," medical or hospitalization expenses in connection with sickness or accident disability, including health
                                                                                                                                                                      Wages defined                                               insurance for the employee or the employee's immediate family and expenses related to death, including life insurance for the employee or the
Title 39   Labor                               Chapter 71 Workers' Compensation               Part 1    General Provisions                          Section 123                                                                   employee's immediate family.
                                                                                                        Compensation and Benefits                                     Payment of medical, hospital, and related services--Fee
                                                                                                                                                                                                                                  Provides for reimbursement of family of catastrophically injured worker's family (or designated person) for travel to be with injured worker.
Title 39   Labor                               Chapter 71 Workers' Compensation               Part 7    Generally                                   Section 704       schedules and hospital rates--Fee limitation
                                                                                                        Compensation and Benefits                                                                                                 Requires that death benefits be paid to surviving spouse for 500 weeks subsequent to date of deceased employee's death. After this period,
                                                                                                                                                                      Compensation for injury causing death--limitation
Title 39   Labor                               Chapter 71 Workers' Compensation               Part 7    Generally                                   Section 721                                                                   death benefits to be paid to beneficiaries.
                                                                                                        Compensation and Benefits                                                                                                 Workers' compensation due to beneficiaries from must be paid to the surviving spouse, if none then divided equally among dependant children. If
Title 39   Labor                               Chapter 71 Workers' Compensation               Part 7    Generally                                   Section 723       How compensation to be divided among beneficiaries          the spouse is a stepparent to the children, compensation is divided equally among all.
Title 39   Labor                               Chapter 73 Silicosis Benefits                  Part 1    General Provisions                          Section 109       Payment of benefits to surviving spouse                     Surviving spouse of person who received payments for silicosis is entitled to receive payments while remaining unmarried.
                                                                                                        Validity of Marriages -- Declaration of                                                                                   Prohibits marriages between persons of the same sex. Any contracts entered into for the purpose of forming a civil relationship contrary to this
Title 40   Family Law                          Chapter 1    Marriage                          Part 4    Invalidity                                  Section 401       Prohibited marriages - contracts                            prohibition are contrary to public policy.
                                                                                                        Joint Interests, Obligations, and
Title 40   Family Law                          Chapter 2    Husband and Wife                  Part 1    Powers                                      Section 101       Mutual obligations of husband and wife                      Husband and wife contract toward each other obligations of mutual respect, fidelity, and support.
                                                                                                        Joint Interests, Obligations, and
Title 40   Family Law                          Chapter 2    Husband and Wife                  Part 1    Powers                                      Section 102       Duties of husband and wife as to support                    Establishes obligation of husband and wife to support each other "insofar as each is able." Includes nonmonetary support.
                                                                                                        Joint Interests, Obligations, and                                                                                         If a married person fails to adequately support his/her spouse, a third party may provide that support and recover the reasonable value of that
Title 40   Family Law                          Chapter 2    Husband and Wife                  Part 1    Powers                                      Section 103       Support of spouse                                           support from the married person. (exemptions contained in 40-2-104)
                                                                                                        Joint Interests, Obligations, and                                                                                         Spouse abandoned by other spouse is not liable for support of that spouse until the spouse offers to return unless spouse's misconduct was the
Title 40   Family Law                          Chapter 2    Husband and Wife                  Part 1    Powers                                      Section 104       Liability of married person when abandoned by spouse        reason the other spouse abandoned him/her.
                                                                                                        Joint Interests, Obligations, and
Title 40   Family Law                          Chapter 2    Husband and Wife                  Part 1    Powers                                      Section 106       Liability for acts or debts of spouse                       Husband or wife are liable for each other's acts with regard to expenses necessary for family and education of children.
                                                                                                        Joint Interests, Obligations, and                             Married persons as personal representative, guardian,       A married person may be a personal representative, guardian, conservator, or trustee and may personally be bound and may bind the estate the
Title 40   Family Law                          Chapter 2    Husband and Wife                  Part 1    Powers                                      Section 108       conservator, or trustee                                     person represents without any act or assent on the part of the person's spouse.
Title 40   Family Law                          Chapter 2    Husband and Wife                  Part 2    Individual Property                              All          N/A                                                         Establishes: parameters for individual and joint property for couples who are married
                                                                                                        Power of Married Persons to
Title 40   Family Law                          Chapter 2    Husband and Wife                  Part 3    Contract                                         All          N/A                                                         Provides for separation agreements and settlement contracts for couples who are married
Title 40   Family Law                          Chapter 2    Husband and Wife                  Part 6    Uniform Premarital Agreement Act                 All          N/A                                                         Premarital Agreement Act
Title 40   Family Law                          Chapter 3    Reconciliation                     N/A      N/A                                              All          Montana Conciliation Law                                    Provides for means for the reconciliation of spouses and amicable settlement of domestic and family controversies
                                                            Termination of Marriage, Child                                                                                                                                        Establishes statutory structure regulating the separation/dissolution of marriage, including maintenance and support orders, injunctions, and
                                                                                                                                                                      N/A
Title 40   Family Law                          Chapter 4    Custody, Support                  Part 1    Separation -- Dissolution of Marriage            All                                                                      restraining orders.
                                                            Termination of Marriage, Child              Support, Custody, Visitation, and
                                                                                                                                                                      N/A                                                         Regulates support, custody, and visitation upon dissolution, including division of property.
Title 40   Family Law                          Chapter 4    Custody, Support                  Part 2    Related Provisions                               All
                                                            Termination of Marriage, Child
                                                                                                        Family Law Mediation                             All          N/A                                                         Provides for family law mediation services
Title 40   Family Law                          Chapter 4    Custody, Support                  Part 3
 Title     Title Desc.          Chapter      Chapter Desc.                       Part     Part Desc.                                Section      Section Desc.                                                    Description
                                                                                          Uniform Interstate Family Support
                                                                                                                                                 N/A                                                              Uniform Interstate Family Support Act - Provides for enforcement of support orders (including spousal support)
Title 40   Family Law           Chapter 5    Enforcement of Support             Part 1    Act                                         All
                                                                                          Administrative Enforcement of
                                                                                                                                                 N/A                                                              Provides for measures to enforce support obligations of spouses.
Title 40   Family Law           Chapter 5    Enforcement of Support             Part 2    Support                                      All
Title 40   Family Law           Chapter 5    Enforcement of Support             Part 6    Civil Contempt for Nonsupport           Section 601    Failure to pay support--civil contempt                           Establishes civil contempt charge for failure to pay support.
                                                                                          Suspension of Licenses For
                                                                                                                                                 N/A                                                              Provides for suspension of licenses (including recreational licenses) for nonpayment of support (including spousal support)
Title 40   Family Law           Chapter 5    Enforcement of Support             Part 7    Nonsupport                                   All
Title 40   Family Law           Chapter 6    Parent and Child                   Part 1    Uniform Parentage Act                   Section 105    Presumption of paternity                                         Discusses presumptions of paternity which include if child is born during marriage or within 300 days of marriage.
Title 40   Family Law           Chapter 6    Parent and Child                   Part 1    Uniform Parentage Act                   Section 106    Artificial insemination                                          Husband treated as natural father when wife is inseminated with other man's sperm with written consent of husband.
Title 40   Family Law           Chapter 6    Parent and Child                   Part 2    Obligations of Parents                  Section 234    When parental authority ceases                                   Ends authority of parent for minor child when child marries.
                                                                                          Caretaker Relative--Authorization for                                                                                   Defines "Caretaker relative" or "relative" as an individual related by blood, marriage, or adoption by another individual to the child whose care is
                                                                                                                                                 Purpose--legislative intent--parental rights--definitions
Title 40   Family Law           Chapter 6    Parent and Child                   Part 5    Medical Care                            Section 501                                                                     undertaken by the relative, but who is not a parent, foster parent, stepparent, or legal guardian of the child.
                                                                                          Caretaker Relative--Authorization for                  Caretaker relative medical authorization affidavit--use--
                                                                                                                                                                                                                  Caretaker affidavit requires person be related "by blood, marriage, or adoption"
Title 40   Family Law           Chapter 6    Parent and Child                   Part 5    Medical Care                            Section 502    immunity--format
                                                                                          Caretaker Relative--Child Custody                                                                                       Defines "Caretaker relative" or "relative" as an individual related by blood, marriage, or adoption by another individual to the child whose care is
                                                                                                                                                 Legislative finding and purpose--definitions
Title 40   Family Law           Chapter 6    Parent and Child                   Part 6    Rights                                  Section 601                                                                     undertaken by the relative, but who is not a parent, foster parent, stepparent, or legal guardian of the child.
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