432                             LAWS OF MARYLAND                      [CH. 172

CHAPTER 171
(House Bill 25)

AN ACT to repeal and re-enact, with amendments, Section 113 (8)
(b) of Article 77 of the Annotated Code of Maryland (1963 Sup-
plement), title "Public Education", subtitle "Chapter 8. Teachers'
Certificates, Salaries and Pensions", subheading "Teachers' Retire-
ment System", amending the laws concerning optional allowances
under the Teachers' Retirement System.

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 (1963 Supplement), title "Public Education", subtitle
"Chapter 8. Teachers' Certificates, Salaries and Pensions", subhead-
ing "Teachers' Retirement System", be and it is hereby repealed and
re-enacted, with amendments, to read as follows:

113.

Notwithstanding anything to the contrary in this subsection or
elsewhere in this article, whenever any member who is eligible for
service retirement under the provisions of S. 113(1) (a) of this article
dies in service, without having nominated by written designation 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 113(6) of this article, he may, by written no-
tice 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 113(6) in lieu of such retirement allowance.

Sec. 2. And be it further enacted, That this Act shall take effect
June 1, 1964.

Approved April 7, 1964.

CHAPTER 172
(House Bill 26)

AN ACT to repeal and re-enact, with amendments, Section 9(2) of
Article 73B of the Annotated Code of Maryland (1963 Supple-
ment), title "Pensions", sub-title "In General", amending the laws
concerning creditable service under the provisions of the Em-
ployees' Retirement System of the State of Maryland in order to
conform to the provisions of the Teachers' Retirement System of
the State of Maryland.