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2005 LAWS OF MARYLAND
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Ch. 427
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(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) For fiscal year 1999, and for each following fiscal year, the death
benefit provided in the prior fiscal year shall be adjusted by any change in the
calendar year preceding the fiscal year in the consumer price index (all urban
customers - United States city average - all items), as published by the United States
Bureau of Labor Statistics.
(3) A death benefit under this subsection is in addition to:
(i) any workers' compensation benefits;
(ii) the proceeds of any form of life insurance, regardless of who
paid the premiums on the insurance; and
(iii) the funeral benefit provided under subsection [(c)] (D) of this
section.
(c) (1) WHENEVER AN INDIVIDUAL IDENTIFIED IN SUBSECTION (B)(1)(I)
THROUGH (IV) OF THIS SECTION DIES AS THE DIRECT AND PROXIMATE RESULT OF A
HEART ATTACK OR STROKE, THE INDIVIDUAL SHALL BE PRESUMED TO HAVE DIED
AS A DIRECT AND PROXIMATE RESULT OF A PERSONAL INJURY SUSTAINED IN THE
PERFORMANCE OF DUTIES IF:
(I) THE INDIVIDUAL, WHILE ON DUTY:
1. ENGAGED IN A SITUATION THAT INVOLVED NONROUTINE
STRESSFUL OR STRENUOUS PHYSICAL LAW ENFORCEMENT, FIRE SUPPRESSION,
RESCUE, HAZARDOUS MATERIAL RESPONSE, EMERGENCY MEDICAL SERVICES,
PRISON SECURITY, DISASTER RELIEF, OR OTHER EMERGENCY RESPONSE ACTIVITY;
OR
2. PARTICIPATED IN A TRAINING EXERCISE THAT INVOLVED
NONROUTINE STRESSFUL OR STRENUOUS PHYSICAL ACTIVITY;
(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
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- 1978 -
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