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414 LAWS OF MARYLAND [Ch. 2
(2) THE CONSUMES PRICE INDEX IS TO BE USED
FOR THE FISCAL YEAR IN WHICH THE RETIREMENT ALLOWANCE
IS PAYABLE SHALL BE THE CONSUMER PRICE INDEX FOR THE
CALENDAR YEAR ENDING DECEMBER 31ST OF THE PRECEDING
FISCAL YEAR.
(3) THE RATIO OF ADJUSTMENT OF THE
RETIREMENT ALLOWANCE REFERRED TO IN SUBSECTION (A) OF
THIS SECTION SHALL BE OBTAINED BY DIVIDING THE
CONSUMER PRICE INDEX IN SUBSECTION (B)(2) BY THE
CONSUMER PRICE INDEX IN SUBSECTION (B)(1) OF THIS
SECTION.
(C) FOR THE PURPOSES OF THIS SECTION THE
RETIREMENT ALLOWANCE REFERRED TO IN SUBSECTION (A) OF
THIS SECTION, SHALL BE THAT RETIREMENT ALLOWANCE
ELECTED BY THE MEMBER UNDER §55 OF THIS ARTICLE.
(D) FOR THE PURPOSES OF THIS SECTION, CONSUMER
PRICE INDEX SHALL MEAN THE CONSUMER PRICE INDEX (ALL
ITEMS - UNITED STATES CITY AVERAGE), AS PUBLISHED BY
THE UNITED STATES DEPARTMENT OF LABOR, BUREAU OF LABOR
STATISTICS.
(E) IN NO INSTANCE SHALL ANY RETIRED MEMBER
RECEIVE LESS THAN THE BENEFITS TO WHICH HE WOULD BE
ENTITLED UNDER THE PROVISIONS OF §55 OF THIS ARTICLE.
(F) THE ALLOWANCE OF A SURVIVING BENEFICIARY OF A
RETIRED MEMBER SHALL, WHEN AND IF PAYABLE, BE ADJUSTED
BY THE SAME RATIO AS PROVIDED IN THIS SECTION.
(G) THIS SECTION SHALL NOT APPLY TO BENEFITS
PAYABLE UNDER §55 (I)(4) OF THIS ARTICLE, AS IT
RELATES TO RETURN OF ACCUMULATED CONTRIBUTIONS.
58.
THE SPOUSE OF EVERY JUDGE WHO DIES IN ACTIVE
SERVICE SHALL BE PAID ONE HALF OF THE PENSION OR
SALARY TO WHICH SUCH JUDGE WOULD HAVE BEEN ENTITLED ON
THE DATE OF HIS DEATH IF HE HAD BEEN ELIGIBLE FOR
RETIREMENT AND HAD RETIRED ON SAID DATE IRRESPECTIVE
OF WHETHER HE SHALL HAVE ATTAINED THE AGE OF 60 AT THE
DATE OF HIS DEATH. THE SPOUSE OF EVERY SUCH JUDGE WHO
DIES AFTER RETIRING SHALL BE PAID ONE HALF OF THE
PENSION OR SALARY WHICH THE JUDGE WAS RECEIVING AT THE
DATE OF HIS DEATH. THE SPOUSE OF EVERY SUCH JUDGE WHO
DIES AFTER HIS ACTIVE SERVICE IS TERMINATED, IF HE WAS
AT LEAST 60 YEARS OF AGE AT THE TIME OF HIS DEATH,
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