5407
MONTGOMERY COUNTY

Effective July 1, 1973, the provisions of Section
33-44(c) shall be applicable to an eligible spouse and/or
children receiving benefits under this Section. The
cost—of—living adjustment shall be based on the Consumer
Price Index published as of the date of the service
connected death of the member.

The spouse's and children's benefit is not payable
in the event the spouse elects to receive benefits
pursuant to the provisions of Section 33—46(e) except
that a child's benefit will become payable in the event
an eligible spouse dies before the child attains age
twenty-one.

(f) Remarriage of Spouse. Upon remarriage, all
benefits payable under the provisions of this Section
shall cease, except in the case of a spouse who qualifies
and elects to receive spouse's benefits under Section
33—46(e), but may be subsequently reinstated in the event
of the death of the marriage partner.

SECTION XV. Sections 48(b), title "Hearings,
Findings and Recommendations, and 48(c), title "Waiver of
Hearing Requirements", are hereby amended, 48(f) is
repealed and re-enacted in its entirety as 48(h), title
"Judicial Appeal". Sections 48(f), title. "Witness
service in a professional capacity in hearings before the
Retirement Hearing Board", 48(g), title "Appeals to the
County Personnel Board", and 48 (i), title "Interim
payment of benefits pending decision on appeal" are added
to read as follows:

(b)    Hearings, Findings and Recommendations. The
Retirement Hearing Board shall conduct a hearing,
evaluate all medical reports and findings of the Medical
Review Committee, investigate all essential statements
made- and certificates submitted by or on behalf of a
member and make a decision on each application for
disability retirement.

(c)    Waiver of Hearing Requirements. Whenever the
Retirement Hearing Board is of the opinion that a prima
facie case of non—service connected disability has been
documented, it may waive the requirement of a hearing if
the member or the member's attorney agrees thereto. In
unusual circumstances, by unanimous decision of the
Retirement Hearing Board, the requirements of a hearing
on a service connected disability retirement may be
waived if it is demonstratively in the best interest of
the County and the member, provided the member or the
member's attorney, the agency head concerned and the
County Attorney are in agreement therewith. In all
disability cases, the nature of the service connected