132

LAWS OF MARYLAND

Ch. 23

HIS SUBSEQUENT RETIREMENT DOES NOT EXCEED THE RATE PERCENT
HE WOULD HAVE RECEIVED HAD HE REMAINED IN SERVICE DURING THE
PERIOD OF HIS PRIOR RETIREMENT.

(10)  (A) ON THE RECEIPT OF PROPER PROOFS OF THE
DEATH OF A MEMBER IN SERVICE, AND IF A BENEFIT IS NOT
PAYABLE UNDER PARAGRAPH (C) OF THIS SUBSECTION, THE MEMBER'S
PERSONAL REPRESENTATIVE OR THE PERSON THE MEMBER HAS
NOMINATED BY WRITTEN DESIGNATION, EXECUTED AND FILED WITH
THE BOARD OF TRUSTEES SHALL BE PAID:

(I)   THE MEMBER'S ACCUMULATED
CONTRIBUTIONS; AND

(II)  IF THE MEMBER HAS 1 OR MORE YEARS OF
ELIGIBILITY SERVICE, OR DIES IN THE COURSE OF THE ACTUAL
PERFORMANCE OF DUTY, AN AMOUNT EQUAL TO THE MEMBER'S ANNUAL
EARNABLE COMPENSATION AT THE TIME OF DEATH.

(B)   THE BOARD OF TRUSTEES MAY TAKE THE STEPS
NECESSARY TO PROVIDE THE DEATH BENEFIT UNDER THIS SUBSECTION
IN THE FORM OF GROUP LIFE INSURANCE, IF, IN THE OPINION OF
THE BOARD OF TRUSTEES, THAT PROVISION WOULD ALLOW A MORE
FAVORABLE TAX TREATMENT OF THE BENEFIT TO THE BENEFICIARIES.

(C)   IF THE MEMBER AT THE TIME OF HIS DEATH WAS
AT LEAST 55 YEARS OLD AND HAD COMPLETED 15 YEARS OF
ELIGIBILITY SERVICE OR WAS 62 YEARS OLD OR OLDER AND, IN
EITHER EVENT, HAD NOMINATED HIS SURVIVING SPOUSE AS THE SOLE
PRIMARY BENEFICIARY TO WHOM THE DEATH BENEFIT UNDER
PARAGRAPH (A) OF THIS SECTION WOULD BE PAID, THE SURVIVING
SPOUSE MAY ELECT TO RECEIVE, INSTEAD OF A LUMP SUM DEATH
BENEFIT, AN ALLOWANCE EQUAL TO THE ALLOWANCE THAT SHE WOULD
HAVE RECEIVED HAD THE MEMBER:

(I)   BEEN ELIGIBLE TO RETIRE;

(II)  RETIRED 30 DAYS BEFORE HIS DEATH; AND

(III) ELECTED OPTION 2, WITH HIS SPOUSE AS
THE PERSON NOMINATED.

(11)  IF A MEMBER CEASES TO BE A TEACHER EXCEPT BY
DEATH OR BY RETIREMENT UNDER THIS SUBTITLE, HE SHALL BE PAID
THE AMOUNT OF HIS ACCUMULATED CONTRIBUTIONS.

(12)  (A) INSTEAD OF THE DISABILITY OR SERVICE
ALLOWANCES PAYABLE UNDER THE AFORESAID PROVISIONS, ANY
MEMBER BEFORE THE FIRST RETIREMENT ALLOWANCE PAYMENT
NORMALLY BECOMES DUE, MAY ELECT A RETIREMENT ALLOWANCE OF
EQUIVALENT ACTUARIAL VALUE IN ONE OF THE OPTIONAL FORMS SET
OUT IN THIS SUBSECTION. THE ELECTION OF THE OPTION SHALL BE
MADE ON THE FORM PROVIDED FOR THAT PURPOSE AND SHALL BE
FILED WITH THE BOARD OF TRUSTEES. IF A MEMBER DIES PRIOR TO
THE EFFECTIVE DATE OF RETIREMENT, THE ELECTION SHALL BE
VOID, AND THE BENEFITS PAYABLE ON HIS ACCOUNT SHALL BE THE
SAME AS THOUGH HIS ELECTION HAD NOT BEEN FILED AND HE HAD