Ch. 333

LAWS OF MARYLAND

Article 88B - State Police

53.

(n) (1) Upon the receipt of proper proofs of the death of a
member who was retired under the provisions of subsection (a) or
(c) of this section on or after July 1, 1965, there shall be paid
child's insurance benefits, surviving spouse's insurance
benefits, mother's insurance benefits, parents' insurance
benefits and lump-sum death payments and any other benefits which
are to be computed and paid in accordance with the provisions of
Title II of the federal Social Security Act as in effect at the
time the survivor or survivors initially are eligible for
payment, provided that the monthly earnings used in the Social
Security Act calculation shall be the lesser of one twelfth the
member's average final compensation or the maximum Social
Security earnings which could be used in the calculation. The
amount of benefits payable under this subsection do not include
any type of cost-of-living adjustments that the federal
government may provide.

(2) UPON THE RECEIPT OF PROPER PROOFS OF THE DEATH OF
A MEMBER WHO WAS RETIRED UNDER THE PROVISIONS OF SUBSECTION (E)
OF THIS SECTION OR OF A MEMBER IN SERVICE, THERE SHALL BE PAID
CHILD'S INSURANCE BENEFITS WHICH ARE TO BE COMPUTED AND PAID IN
ACCORDANCE WITH THE PROVISIONS OF TITLE II OF THE FEDERAL SOCIAL
SECURITY ACT AS IN EFFECT AT THE TIME THE SURVIVOR INITIALLY IS
ELIGIBLE FOR PAYMENT, IF:

(I)  THE CHILD IS NOT OTHERWISE ELIGIBLE TO
RECEIVE CHILD'S INSURANCE BENEFITS UNDER TITLE II OF THE FEDERAL
SOCIAL SECURITY ACT;

(II)  THE MONTHLY EARNINGS USED IN THE SOCIAL
SECURITY ACT CALCULATION ARE THE LESSER OF:

1.  ONE-TWELFTH OF THE MEMBER'S AVERAGE
FINAL COMPENSATION; OR

2.  THE MAXIMUM SOCIAL SECURITY MONTHLY
EARNINGS THAT MAY BE USED IN THE CALCULATION; AND

(III)  THE CHILD'S INSURANCE BENEFITS DO NOT
INCLUDE ANY TYPE OF COST OF LIVING ADJUSTMENTS THAT THE FEDERAL
GOVERNMENT MAY PROVIDE.

SECTION 2. AND BE IT FURTHER ENACTED, That   this Act shall
take effect July 1, 1989 and shall be applied retroactively to

any surviving dependent children who are eligible to receive the

child's insurance benefits under the provisions of this Act and

who are not currently receiving child's insurance benefits under
Title II of the federal Social Security Act.

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