Ch. 6

1994 LAWS OF MARYLAND

(e)     Except as provided in subsections (f) and (g) of this section, payments under
either plan shall cease, and a person may not have any further rights arising from the
judge's or former judge's service if the judge or former judge dies and:

(1)     Leaves no surviving spouse or minor children;

(2)     A surviving spouse dies and there are no minor children of the deceased
judge; or

(3)     The last of the minor children receiving benefits under this section
attains majority or dies before attaining majority.

(f)      (1) Instead of the retirement allowances payable under this subtitle, a judge
or former judge who at the time of retirement does not have a spouse or minor child who
would be entitled to a benefit under subsection (e) of this section may elect a reduced
allowance of equivalent actuarial value in one of the optional forms set out in subsection
(g)(2) of this section.

(2)     The election of the option shall be:

(i) Made before the first payment of the allowance normally becomes
due;

(ii) Made on a form provided for that purpose; and

(iii) Filed with the Board of Trustees.           

(3)     If a judge or former judge dies prior to the effective date of retirement,
the election shall be void and of no effect, and the benefits, payable on the judge's or
former judge's account shall be the same as though the election had not been filed.

(4)     A judge or former judge who has elected an optional benefit may change
the election by due notice to the Board of Trustees, but a change may not be made after
the first payment of the allowance normally becomes due.

(g)     (1) In this subsection, "designated beneficiary" means the person the retiree
has nominated by a written designation that has been duly acknowledged and filed with
the Board of Trustees.

(2) The options that a judge or former judge may elect under subsection (f)
of this section are:

(i) Option 1. If a retiree who has elected this option dies before
receiving in payments the present value of the retiree's allowance at the time of
retirement, the balance shall be paid to the retiree's designated beneficiary or, if there is
no designated beneficiary, to the retiree's estate;

(ii). Option 2. Upon the death of a retiree who has elected this
option, the retiree's reduced allowance shall be continued throughout the life of and paid
to the retiree's designated beneficiary;

- 720 -