3142

COUNTY LOCAL LAWS

result of injuries sustained in the line of duty or
was directly attributable 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 he made
as follows:

(1)   a spouse's benefit of an amount not to
exceed one hundred twenty-five dollars ($125) per
month until death or remarriage; plus

(2)   a child's benefit of an amount not to
exceed twenty-five dollars ($25.00) per month until
age eighteen (18) or for life if the child is disabled
and incapable of self-support;

(3) any amount that would be payable to
such spouse or children upon application under the
Social Security Act, except the Social Security lump
sum death benefit.

(f) If the member was a member of the Employees'
Retirement System of the State of Maryland as of
August 15, 1965, and became a member of the Employees'
Retirement System of Montgomery 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 (501) of his average
final earnings. (See Section 94-69 (f), title "Leave
of Absence.")

Notwithstanding the above provisions, in any case
where the spouse 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,
and any surviving eligible children, if any.

(e) Spouse's Benefits.

(1) Spouse's benefit in the event of the
death of an active member after his normal retirement
date.

a. A surviving spouse who is the