Montgomery County                            2855

to the inherent hazards of the duties performed by such member, and
the County Personnel Board decides his death was not caused by
willful negligence on his part, payments will be made as follows:

(1)    A spouse's benefit of an amount not to exceed one hundred
twenty-five dollars ($125.00) per month until death or remarriage;
and,

(2)    A child's benefit of an amount not to exceed twenty-five
dollars ($25) per month for each child until age eighteen (18) or for
life if the child is disabled and incapable of self-support;

(3)    If the member was a member of the Employees' Retire-
ment System of the State of Maryland as of August 15, 1965, and
became a member of the Employees' Retirement System of Mont-
gomery County on or before December 31, 1966, or such later agency
entrance date approved by the County Personnel Board, without a
break in service, fifty percent (50%) of his average final earnings.
(See Section 94-69 (f), Leave of absence).

Notwithstanding the above provisions, in any case where the
spouse's and children's benefits of a member whose death is service
connected do not equal the death benefits that would otherwise have
been payable to the member if his death was not service connected
in accordance with the provisions of Section 94-70(a)(1), and if
qualified, the benefits provided in Section 94-70(a) (2), the designated
beneficiary or the estate of such member shall be entitled to receive
the difference, if any, after the death of the spouse, if any.

Sec. 2. The Council hereby declares an emergency to exist. This
Act is necessary for the immediate protection of the public health and
safety.

Sec. 3. Effective date.

The emergency legislation shall take effect immediately upon
enactment.

Effective: November 17, 1970

CHAPTER 41

(BILL NO. 59-70)

AN ACT to amend Chapter 76, title "Animals and Fowl," of the
Montgomery County Code 1965, as amended, by repealing and
re-enacting, with amendments, the title of Article III and Section
76-53, title "Definitions"; by adding a new Section 76-53A, title
"Commercial Breeding"; by adding a new subsection (c) and by
repealing and re-enacting, with amendments, existing subsec-
tions (c) and (d) of Section 76-57, title "License required;