WILLIAM DONALD SCHAEFER, Governor                   Ch. 448

subdivision of the State, any sheriff or deputy sheriff, any
correctional officer, or any volunteer or professional
firefighter or rescue squad member who is killed or dies in the
performance of duties on or after January 1, 1980. The amount of
the benefit shall be $25,000.

(2) This sum shall be in addition to any:

(i) Workmen's compensation benefits; or

(ii) Proceeds of any form of life insurance,
regardless of who paid the premiums on the insurance.

(c)  The payments hereinabove provided for shall be made out
of funds which the Governor may appropriate for that purpose in
the State budget.

(d)  The secretary of Public Safety and Correctional
Services may award a death benefit under this section under any
of the following circumstances provided the decision is made on a
case-by-case basis:

(1)  If the decedent's death was caused by the
decedent's intentional misconduct;

(2)  If the decedent intended to bring about the
decedent's death; or

(3)  If the decedent's voluntary intoxication was the
proximate cause of the decedent's death.

(e)  Upon a determination by the Secretary of the Department
of Public Safety and Correctional Services that the benefit
provided for in this section is to be paid, payment shall be made
as follows:

(1)  To a designated beneficiary;

(2)  If there is no designated beneficiary, to the
surviving spouse;

(3)  If there is no designated beneficiary and if
there is no surviving spouse, to the surviving child or children
of the decedent in equal shares; [or]

(4)  If there is no designated beneficiary, surviving
spouse, or children, to the [estate] SURVIVING PARENT OR PARENTS,
IF THE PARENT WAS A DEPENDENT AS DEFINED IN § 152 OF THE INTERNAL
REVENUE CODE; OR

(5)  IF THERE IS NO DESIGNATED BENEFICIARY, SURVIVING
SPOUSE, CHILDREN, OR DEPENDENT PARENTS, TO THE ESTATE.

- 3255 -