840                              LAWS OF MARYLAND                      [CH. 614

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, where the pension without optional
modification in the case of the member who is not eligible for
service retirement but who has attained age fifty-five and has fifteen
or more years of creditable service is calculated on an actuarial
equivalent basis in accordance with Section 11 (3) (d) of this article;
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 retirement 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
July 1, 1965.

Approved May 4, 1965.

CHAPTER 614
(Senate Bill 508)

AN ACT to repeal and re-enact, with amendments, Section 113 (8) (b)
of Article 77 of the Annotated Code of Maryland (1964 Supple-
ment), title "Public Education", sub-title "Chapter 8. Teachers'
Certificates, Salaries and Pensions", sub-heading "Teachers' Re-
tirement System", to provide for the option 2 benefit to the spouse
upon death after the attainment of age 55 with 15 or more years
of creditable service for teachers in public schools.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 113 (8)(b) of Article 77 of the Annotated Code of
Maryland (1964 Supplement), title "Public Education", sub-title
"Chapter 8. Teachers' Certificates, Salaries and Pensions", sub-head-
ing "Teachers' Retirement System", be and it hereby is repealed and
re-enacted, with amendments, to read as follows:

113.

(8)

(b) Notwithstanding anything to the contrary in this sub-section
or elsewhere in this article, whenever any member who is eligible for
service retirement under the provisions of Section 113 (1) (a) of this
article or who has attained the age of fifty-five and has rendered
fifteen or more years of creditable service dies in service, without
having nominated by written designation a beneficiary other than
his spouse, leaving a surviving spouse 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 where the pension without optional modification in