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2006 LAWS OF MARYLAND
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Ch. 280
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29-202.
(a) (1) When the Board of Trustees receives proof of death of an individual
who died while employed as a member, the Board of Trustees shall pay to the
designated beneficiary or, if there is no designated beneficiary, to the member's estate
the amounts specified in this subsection.
(2) Subject to paragraph (1) of this subsection, the Board of Trustees
shall pay the member's accumulated contributions.
(3) Subject to paragraph (1) of this subsection, the Board of Trustees
shall pay an amount equal to the member's annual earnable compensation at death if
the member dies in the course of the performance of duty or the member has at least
1 year of eligibility service.
(b) (1) A death benefit under this section may not be paid for the death of a
member of the State Police Retirement System if a special death benefit under §
29-204 of this subtitle is payable or has been paid for that death.
(2) A DEATH BENEFIT UNDER THIS SECTION MAY NOT BE PAID FOR THE
DEATH OF A MEMBER OF THE CORRECTIONAL OFFICERS' RETIREMENT SYSTEM IF A
SPECIAL DEATH BENEFIT UNDER § 29-204.1 OF THIS SUBTITLE IS PAYABLE OR HAS
BEEN PAID FOR THAT DEATH.
29-204.1.
(A) THIS SECTION APPLIES ONLY TO AN INDIVIDUAL WHO DIES WHILE
EMPLOYED AS A MEMBER OF THE CORRECTIONAL OFFICERS' RETIREMENT SYSTEM:
(1) WITHOUT WILLFUL NEGLIGENCE BY THE MEMBER; AND
(2) WITH DEATH ARISING OUT OF OR IN THE COURSE OF THE ACTUAL
PERFORMANCE OF DUTY.
(B) WHEN THE BOARD OF TRUSTEES RECEIVES PROOF OF DEATH OF A
MEMBER AND FINDS THAT THE DEATH HAS OCCURRED IN THE MANNER DESCRIBED
IN SUBSECTION (A) OF THIS SECTION, THE BOARD OF TRUSTEES SHALL PAY:
(1) IF THE MEMBER IS SURVIVED BY A SPOUSE OR A CHILD UNDER THE
AGE OF 18 YEARS:
(I) THE MEMBER'S ACCUMULATED CONTRIBUTIONS TO THE
DESIGNATED BENEFICIARY, OR OTHERWISE TO THE MEMBER'S ESTATE; AND
(II) AN ALLOWANCE OF TWO-THIRDS OF THE MEMBER'S AVERAGE
FINAL COMPENSATION:
1. . TO THE SURVIVING SPOUSE; OR
2. IF THERE IS NO SURVIVING SPOUSE OR IF THE SURVIVING
SPOUSE DIES BEFORE THE YOUNGEST CHILD OF THE MEMBER IS 18 YEARS OLD, TO
ANY CHILDREN OF THE DECEASED MEMBER WHO ARE UNDER THE AGE OF 18 YEARS;
OR
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