(1) The Department of Labor and Industry will pay silicosis benefits to persons entitled to receive those benefits pursuant to Title 39, chapter 73, MCA. Such persons include the victim of silicosis, the surviving spouse of such a victim, or an appropriate representative of the victim or surviving spouse.

(2) The monthly amount paid as silicosis benefits is established by the Legislature, and is subject to a funding level appropriated by the Legislature for payment of monthly silicosis benefits.

(3) After the death of a recipient of benefits, any payment issued by the department for which there is no entitlement to benefits must be reimbursed to the department for deposit in the fund.