3143
MONTGOMERY COUNTY

designated beneficiary of a member who dies on or
after November 1, 1971, while in the service of the
County after his normal retirement date, may elect
within sixty (60) days after the member's death, a
spouse's benefit equal to the yearly amount of
benefits which could have been payable to the spouse
if the member had retired immediately before his death
and he had elected a 100% joint and survivor pension
option, and also, if the member meets the requirements
for the benefit as specifically provided in Section
94-70(a)(2) the spouse shall be entitled to receive a
death benefit equal to an amount of fifty percent
(50%) of the member's final earnings.

(2) Spouse's benefit in the event of the
death of an active full-time member after his elective
early retirement date when such active member had
remained as a full-time member after his elective
early retirement date.

a. A surviving spouse who is the

designated beneficiary of a member who dies on or
after November 1, 1971, while in the service of the
County may elect in lieu of the member contributions
with credited interest, within sixty (60) days after
the member's death, a spouse's benefit equal to the
yearly amount of benefits which could have been
payable to the spouse if the member had retired on
early retirement immediately before his death and he
had elected a 100% joint and survivor pension option
and also, if the member meets the requirements for the
benefit as specifically provided in Section
94—70(a)(2) the spouse shall be entitled to receive a
death benefit equal to an amount of fifty percent
(50%) of the member's final earnings.

SECTION 12. Section 70(i) is hereby deleted.

SECTION 13. Section 72(f), title "Judicial
Appeal" is hereby added, as follows:

(F) JUDICIAL APPEAL. ANY FINAL DECISION ON
RETIREMENT OF THE PERSONNEL BOARD MAY BE APPEALED BY A
MEMBER TO ANY COURT OF COMPETENT JURISDICTION IN
ACCORDANCE WITH THE MARYLAND RULES AND PROCEDURES,
CHAPTER 1100, SUBTITLE B.