Ch. 580

LAWS OF MARYLAND

(5) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF
THIS PARAGRAPH, THE PROVISIONS OF § 117(9), (9A), AND (9B) OF
THIS ARTICLE SHALL BE APPLICABLE TO DISABILITY BENEFICIARIES OF
THIS PENSION SYSTEM.

(II) THE PROVISIONS OF § 11(8), (8A), AND (8B)
OF THIS ARTICLE SHALL BE APPLICABLE TO DISABILITY BENEFICIARIES
OF THIS PENSION SYSTEM WHO HAVE TRANSFERRED FROM THE EMPLOYEES'
RETIREMENT SYSTEM OF THE STATE OF MARYLAND.

(E) (1) ON THE RECEIPT OF PROPER PROOFS OF THE DEATH OF A
MEMBER IN SERVICE, AND IF A BENEFIT IS NOT PAYABLE UNDER
PARAGRAPH (3) OF THIS SUBSECTION, THE MEMBER'S PERSONAL
REPRESENTATIVE OR THE PERSON THE MEMBER HAS NOMINATED BY WRITTEN
DESIGNATION EXECUTED AND FILED WITH THE BOARD OF TRUSTEES SHALL
BE PAID:

(I)  THE MEMBER'S ACCUMULATED CONTRIBUTIONS; AND

(II)  IF THE MEMBER HAS 1 OR MORE YEARS OF
ELIGIBILITY SERVICE, OR DIES IN THE PERFORMANCE OF DUTY, AN
AMOUNT EQUAL TO THE MEMBER'S ANNUAL EARNABLE COMPENSATION AT THE
TIME OF DEATH.

(2)  THE BOARD OF TRUSTEES MAY TAKE THE STEPS
NECESSARY TO PROVIDE THE DEATH BENEFIT UNDER THIS SUBSECTION IN
THE FORM OF GROUP LIFE INSURANCE, IF, IN THE OPINION OF THE BOARD
OF TRUSTEES, THAT PROVISION WOULD ALLOW A MORE FAVORABLE TAX
TREATMENT OF THE BENEFIT TO THE BENEFICIARIES.

(3)  EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS
SUBSECTION, IF THE MEMBER AT THE TIME OF THE MEMBER'S DEATH WAS
AT LEAST 55 YEARS OLD AND HAD COMPLETED .15 YEARS OF ELIGIBILITY
SERVICE OR WAS AT LEAST 62 YEARS OLD AND, IN EITHER EVENT, HAD
NOMINATED THE MEMBER'S SURVIVING SPOUSE AS THE SOLE PRIMARY
BENEFICIARY TO WHOM THE DEATH BENEFIT UNDER PARAGRAPH (1) OF THIS
SECTION WOULD BE PAID, THE SURVIVING SPOUSE MAY ELECT TO RECEIVE,
INSTEAD OF A LUMP-SUM DEATH BENEFIT, AN ALLOWANCE EQUAL TO THE
ALLOWANCE WHICH THE SURVIVING SPOUSE WOULD HAVE RECEIVED HAD THE
MEMBER:

(I)  BEEN ELIGIBLE TO RETIRE;

(II)  RETIRED 30 DAYS BEFORE THE MEMBER'S DEATH;
AND

(III) ELECTED OPTION 2, WITH THE SURVIVING
SPOUSE AS THE PERSON NOMINATED.

(4) IF A MEMBER WHO HAS TRANSFERRED TO THIS PENSION
SYSTEM FROM THE EMPLOYEES' RETIREMENT SYSTEM DIES IN SERVICE, THE
SURVIVING SPOUSE MAY ELECT TO RECEIVE BENEFITS IN ACCORDANCE WITH
§ 11(9)(B) OF THIS ARTICLE.

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