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ROBERT L. EHRLICH, JR., Governor
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S.B. 838
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(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.
[(d)] (E) (1) The Secretary of State shall issue a State flag to the family of a
firefighter, policeman, or sworn member of the office of State Fire Marshal who is
killed in the performance of duty.
(2) 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.
[(e)] (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
(3) the decedent's voluntary intoxication was the proximate cause of the
decedent's death.
[(f)] (G) If the Secretary of Public Safety and Correctional Services
determines that the benefits under this section are to be paid, the benefits shall be
paid:
(1) to the decedent's surviving spouse;
(2) if no individual is eligible under item (1) of this subsection, to each
surviving child of the decedent in equal shares;
(3) (i) for a death benefit under subsection (b) of this section, if no
individual is eligible under item (1) or (2) of this subsection, to the decedent's
surviving parent, if the parent was a dependent as defined in § 152 of the Internal
Revenue Code; or
(ii) for any other benefit under this section, if no individual is
eligible under item (1) or (2) of this subsection, to the decedent's surviving parent; or
(4) if no individual is eligible under item (1), (2), or (3) of this subsection,
to the decedent's estate.
[(g)] (H) Payments under this section shall be made out of money that the
Governor includes for that purpose in the State budget.
[(h)] (I) A person aggrieved by a final decision of the Secretary of Public
Safety and Correctional Services under this section may seek judicial review as
provided for review of final decisions in Title 10, Subtitle 2 of the State Government
Article.
- 3941 -
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