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ROBERT L. EHRLICH, JR., Governor Ch. 493
(2) When the Board of Trustees receives proof of death of a member and
finds that the death has occurred in the manner described in paragraph (1) of this
subsection, the Board of Trustees shall pay:
(i) if the member is survived by a spouse or child under the age of
18 years[,]:
1. THE MEMBER'S ACCUMULATED CONTRIBUTIONS TO THE
DESIGNATED BENEFICIARY, OR OTHERWISE TO THE MEMBER'S ESTATE; AND
2. an allowance of 50% of the ordinary disability retirement
allowance provided for in § 29-108 of this title:
[1.] A. to the surviving spouse; or
[2.] B. 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
(ii) if the member is not survived by a spouse or child under the age
of 18 years, the death benefit under § 29-202 of this subtitle.
(b) (1) This subsection applies only to an individual who dies while
employed as a member of the Law Enforcement Officers' Pension System:
(i) without willful negligence by the member; and
(ii) with death arising out of or in the course of the actual
performance of duty.
(2) When the Board of Trustees receives proof of death of a member and
finds that the death has occurred in the manner described in paragraph (1) of this
subsection, the Board of Trustees shall pay:
(i) if the member is survived by a spouse or child under the age of
18 years[,]:
1. THE MEMBER'S ACCUMULATED CONTRIBUTIONS TO THE
DESIGNATED BENEFICIARY, OR OTHERWISE TO THE MEMBER'S ESTATE; AND
2. an allowance of two-thirds of the member's average final
compensation:
[1.] A. to the surviving spouse; or
[2.] B. 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
(ii) if the member is not survived by a spouse or child under the age
of 18 years, the death benefit under § 29-202 of this subtitle.
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