534

LAWS OF MARYLAND

Ch. 22

THE TIME OF HIS RETIREMENT; OR

OPTION 3. UPON HIS DEATH, ONE HALF OF HIS      REDUCED

RETIREMENT ALLOWANCE SHALL BE CONTINUED THROUGHOUT    THE LIFE

OF AND PAID TO SUCH PERSON AS HE SHALL NOMINATE BY      WRITTEN

DESIGNATION DULY ACKNOWLEDGED AND FILED WITH THE    BOARD OF
TRUSTEES AT THE TIME OF HIS RETIREMENT; OR

OPTION 4. SOME OTHER BENEFIT OR BENEFITS SHALL BE
PAID EITHER TO THE MEMBER OR TO SUCH PERSON OR PERSONS AS HE
SHALL NOMINATE PROVIDED SUCH OTHER BENEFIT OR BENEFITS,
TOGETHER WITH THE REDUCED RETIREMENT ALLOWANCE, SHALL BE
CERTIFIED BY THE ACTUARY TO BE OF EQUIVALENT ACTUARIAL VALUE
TO HIS RETIREMENT ALLOWANCE, AND SHALL BE APPROVED BY THE
BOARD OF TRUSTEES.

(B) NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS
SUBSECTION OR ELSEWHERE IN THIS ARTICLE, WHENEVER ANY MEMBER
WHO IS ELIGIBLE FOR SERVICE RETIREMENT UNDER THE PROVISIONS
OF SUBSECTION (1) (A) OF THIS SECTION OR WHO HAS ATTAINED THE
AGE OF 55 AND HAS RENDERED 15 OR MORE YEARS OF CREDITABLE
SERVICE DIES IN SERVICE, WITHOUT HAVING NOMINATED BY WRITTEN
DESIGNATION A BENEFICIARY OTHER THAN HIS SPOUSE, LEAVING A
SURVIVING SPOUSE WITH WHOM HE WAS LIVING AS HUSBAND OR WIFE
ON THE DATE OF HIS DEATH, SAID SPOUSE SHALL BE ENTITLED TO A
RETIREMENT ALLOWANCE EQUAL TO THAT WHICH WOULD HAVE BEEN
PAID TO THE SURVIVING SPOUSE UNDER OPTION 2 OF THIS
SUBSECTION, HAD THE MEMBER ELECTED OPTION 2 IN FAVOR OF HIS
SPOUSE AND RETIRED 30 DAYS BEFORE HIS DEATH WHERE THE
PENSION WITHOUT OPTIONAL MODIFICATION IN THE CASE OF THE
MEMBER WHO IS NOT ELIGIBLE FOR SERVICE RETIREMENT BUT WHO
HAS ATTAINED AGE 55 AND HAS 15 OR MORE YEARS OF CREDITABLE
SERVICE IS CALCULATED IN ACCORDANCE WITH SUBSECTION {2)(B)
OF THIS SECTION; PROVIDED, HOWEVER, THAT IF SUCH SPOUSE IS
THE PERSON NOMINATED BY THE MEMBER TO RECEIVE ANY BENEFIT
UNDER SUBSECTION (6) OF THIS SECTION, HE MAY, BY WRITTEN
NOTICE FILED WITH THE BOARD OF TRUSTEES PRIOR TO THE
COMMENCEMENT OF SUCH RETIREMENT ALLOWANCE BUT NOT MORE THAN
60 DAYS AFTER THE DEATH OF SUCH MEMBER, ELECT TO RECEIVE A
BENEFIT UNDER THE PROVISIONS OF SUBSECTION (6) OF THIS
SECTION IN LIEU OF SUCH RETIREMENT ALLOWANCE. EFFECTIVE
JULY 1, 1973, THE RETIREMENT ALLOWANCE PAYABLE HEREUNDER TO
THE SURVIVING SPOUSE OF A MEMBER WHO DIED PRIOR TO JULY 1,
1973 SHALL BE REDETERMINED ON THE BASIS OF THE PROVISIONS OF
SUBSECTION (2) OF THIS SECTION AS IT WAS IN EFFECT JULY 1,
1973.

(9) ACCEPTANCE OF EMPLOYMENT. —NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, A RETIRED MEMBER WHO
IS RECEIVING A SERVICE RETIREMENT ALLOWANCE MAY ACCEPT
TEMPORARY EMPLOYMENT IN WHICH ALL OR PART OF THE
COMPENSATION THEREFOR COMES FROM STATE FUNDS, PROVIDED HE
IMMEDIATELY NOTIFIES THE BOARD OF TRUSTEES OF HIS INTENTION
TO ACCEPT SUCH EMPLOYMENT AND SPECIFIES THE COMPENSATION TO
BE RECEIVED THEREFOR AND FURTHER PROVIDED THE RETIREMENT
ALLOWANCE RECEIVABLE BY HIM, COMPUTED WITHOUT OPTIONAL
MODIFICATION, PLUS THE ANNUAL REMUNERATION FOR THE POSITION,
SHALL NOT EXCEED IN AMOUNT THE AVERAGE FINAL COMPENSATION