MARVIN MANDEL, Governor

2113

employee [shall not be] IS NOT entitled to the benefit of
this article. SHOULD ANY BENEFITS PROVIDED BY THE
FEDERAL GOVERNMENT BE LESS THAN THOSE PROVIDED BY THIS
ARTICLE, THE [[EMPLOYER AND HIS]] STATE AND ITS INSURER
SHALL FURNISH THE ADDITIONAL BENEFIT IN ORDER TO MAKE UP
THE DIFFERENCE BETWEEN THE BENEFIT PROVIDED BY THE
FEDERAL GOVERNMENT AND THE SIMILAR BENEFIT REQUIRED BY
THIS ARTICLE.

(B)    IF COMPENSATION UNDER THIS ARTICLE IS PAYABLE
TO A MEMBER OF THE NATIONAL GUARD BASED UPON HIS AVERAGE
WAGES, THE BASIS OF SUCH PAYMENT SHALL BE THE MINIMUM
WAGE PROVIDED FOR IN ARTICLE 65, §32 OF THE CODE OR THE
ACTUAL WAGES EARNED BY THE CLAIMANT IN NATIONAL GUARD
EMPLOYMENT, WHICHEVER IS GREATER.

(C)   Whenever by statute, charter, ordinances,
resolution, regulation or policy adopted thereunder,
whether as part of a pension system or otherwise, any
benefit or benefits are furnished employees of employers
covered under § 21 (a) (2) of this article, the
dependents and others entitled to benefits under this
article as a result of the death of such employees, the
benefit or benefits when furnished by the employer shall
satisfy and discharge pro tanto or in full as the case
may be, the liability or obligation of the employer for
any benefit under this article. [Should] IF any benefits
so furnished [be] ARE less than those provided for in
this article the employer shall [be liable to] furnish
the additional benefit as will make up the difference
between the benefit furnished and the similar benefit
required in this article.

(D)    The Commission [shall have full power to] MAY
determine whether any benefit provided by the employer is
equal to or better than any benefit provided for in this
article, and to render an award against the employers to
furnish additional benefit or benefits to make up the
difference between the benefit furnished by the employers
and the benefits required by this article as the case may
be. This section [shall also be] IS ALSO subject to the
continuing powers and jurisdiction of the Commission
provided for in this article.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1976.

Approved May 17, 1976.

CHAPTER 763
(House Bill 1414)