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ROBERT L. EHRLICH, JR., Governor H.B. 1722
(ii) the individual died as a result of a heart attack or stroke that
the individual suffered:
1. while engaging or participating in an activity described in
item (i)1 or 2 of this paragraph;
2. while still on duty after engaging or participating in an
activity described in item (i)1 or 2 of this paragraph; or
3. not later than 24 hours after engaging or participating in
an activity described in item (i)1 or 2 of this paragraph; and
(iii) the presumption is not overcome by competent medical evidence
to the contrary.
(2) For purposes of paragraph (1) of this subsection, nonroutine stressful
or strenuous physical activity does not include actions of a clerical, administrative, or
nonmanual nature.
(d) (1) Reasonable funeral expenses, not exceeding $10,000, shall be paid to
the surviving spouse, child, parent, or estate of each of the following individuals who
is killed or dies in the performance of duties:
(i) a law enforcement officer;
(ii) a correctional officer;
(iii) a volunteer or career firefighter or rescue squad member; or
(iv) a sworn member of the office of State Fire Marshal.
(2) The funeral benefit under this subsection shall be reduced by the
amount of any related workers' compensation benefits paid under § 9-689 of the
Labor and Employment Article.
(e) (1) The Secretary of State shall issue a State flag to the family of a
firefighter, policeman, member of the military, or sworn member of the office of State
Fire Marshal who is killed in the performance of duty.
(2) (i) Except when the deceased is a member of the military, the flag
shall be presented to the family of the deceased by the State Senator of the legislative
district in which the deceased resided or served.
(ii) When the deceased is a member of the military, the flag shall be
presented to the family of the deceased by the Department of Veterans Affairs.
(f) On a case-by-case basis, the Secretary of Public Safety and Correctional
Services may award a death benefit under this section if:
(1) the decedent's death was caused by the decedent's intentional
misconduct;
(2) the decedent intended to bring about the decedent's death; or
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