1130

LAWS OF MARYLAND

Ch. 97

retirement shall be eligible for the benefits which the
heirs would have been entitled to if the death had occurred
after July 1, 1978.]

Article 88B - State Police

53.

(11) [(a)] In lieu of the disability or service
allowances payable under the aforesaid provisions, a member
who at the time of retirement does not have a spouse who
would be entitled to a benefit under § 53(2)(c) or §
53(4)(c) or § 53(6)(c) may, prior to the first retirement
allowance payment normally due, elect a reduced retirement
allowance of equivalent actuarial value in one of the
optional forms set out below. The election of the option
shall be made on a form provided for that purpose and shall
be filed with the board of trustees. If a member dies prior
to the effective date of retirement, the election shall be
void and of no effect, and the benefits payable on his
account shall be the same as though the election had not
been filed and the member had died in active service. A
member who has elected an optional benefit may change such
election by due notice to the board of trustees, but no
change may be made after the first payment of the allowance
becomes normally due.

(1)  If the member dies before receiving in
payments the present value of his or her retirement
allowance as it was at the time of retirement, the balance
shall be paid to his or her legal representatives or to such
person nominated by the member's written designation duly
acknowledged and filed with the board of trustees; or

(2)  Upon the member's death, the reduced
retirement allowance shall be continued throughout the life
of and paid to such person nominated by written designation
duly acknowledged and filed with the board of trustees at
the time of retirement; or

(3)  Upon the member's death, one half of the
reduced retirement allowance shall be continued throughout
the life of and paid to such person nominated by the
member's written designation duly acknowledged and filed
with the board of trustees at the time of retirement; or

(4)  Some other benefit or benefits shall be paid
either to the member or to such person or persons nominated,
if those other benefit or benefits, together with the
reduced retirement allowance, are certified by the actuary
to be of equivalent actuarial value to the retirement
allowance, and are approved by the board of trustees.

[(b) Notwithstanding the provisions of this subsection
or any other provisions of this article, the heirs of any
member whose death occurred after July 1, 1977 and before
July 1, 1978 and within 30 days of the date of retirement