WILLIAM DONALD SCHAEFER, Governor Ch. 659

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 not designated beneficiary, to (1) TO
the surviving spouse;

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

(4) If there is not designated beneficiary, (3) IF
THERE IS NO surviving spouse, or children, to the 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.

(f)  (1) Any person aggrieved by a final decision of the
Secretary under this section may apply for judicial review.

(2) The appeal shall be made as provided for review
of final decisions in Title 10, Subtitle 2 of the State
Government Article of the Code.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1989.

Approved May 25, 1989.

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