698                              LAWS OF MARYLAND                      [CH. 449

service retirement under the provisions of Section 11(1) (a) of this
article dies in service, without having nominated by written desig-
nation a beneficiary other than his spouse, leaving a surviving spouse
[to whom he had been married for at least five years, and] with whom
he was living as husband or wife on the date of his death, said spouse
shall be entitled to a retirement allowance equal to that which would
have been paid to the surviving spouse under Option 2 of this sub-
section, had the member elected Option 2 in favor of his spouse and
retired thirty days before his death; provided, however, that if such
spouse is the person nominated by the member to receive any benefit
under Section 11(9) of this Article, he may, by written notice filed
with the Board of Trustees prior to the commencement of such re-
tirement allowance but not more than 60 days after the death of such
member, elect to receive a benefit under the provisions of Section
11(9) in lieu of such retirement allowance.

Sec. 2. And be it further enacted, That this Act shall take effect
June 1, 1963.

Approved April 17, 1963.

CHAPTER 449
(House Bill 331)

AN ACT to repeal and re-enact, with amendments Section 160 of
Article 81 of the Annotated Code of Maryland (1957 Edition),
title "Revenue and Taxes," subtitle "Inheritance Tax," to determine
PROVIDE FOR DETERMINING the value of certain interests
less than absolute for inheritance tax purposes, AND CORRECT-
ING A REFERENCE THEREIN.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 160 of Article 81 of the Annotated Code of Maryland
(1957 Edition), title "Revenue and Taxes," subtitle "Inheritance
Taxes," be and it is hereby repealed and re-enacted, with amend-
ments, to read as follows:

160.

Whenever any life estate, or interest for a term of years or other
interest less than an absolute interest, in trust or otherwise, shall
pass to a person, and a contingent or remainder or reversionary
interest shall pass to another person, the orphans' court of the county
or city in which administration is granted, or any other court
having jurisdiction over the administration or distribution of such
property, shall determine, for the purpose of ascertaining the tax
thereon and before any distribution thereof shall be authorized, the
value of the life estate, or interest for a term of years, or other
interest less than an absolute interest, in accordance with the ap-
plicable and effective regulations of the federal estate tax under
the Internal Revenue Code as promulgated by the United States
Treasury Department, [Bureau of] Internal Revenue Service, as
such regulations may be amended from time to time [, and shall
assess the tax against said interest]; provided, however, that if such