WILLIAM DONALD SCHAEFER, Governor                            Ch. 430

(II) EACH MINOR CHILD SHALL CONTINUE TO RECEIVE AN EQUAL
SHARE OF THE RETIREMENT ALLOWANCE THAT WOULD HAVE BEEN PAID TO THE
SURVIVING SPOUSE UNTIL THE CHILD REACHES THE AGE OF 18 YEARS.

(e) [If a surviving spouse who is receiving a retirement allowance dies or if a
former judge who is receiving a retirement allowance dies and leaves no surviving spouse,
payments] EXCEPT AS PROVIDED IN SUBSECTIONS (F) AND (G) OF THIS SECTION,
PAYMENTS under either plan shall cease, and a person may not have any further rights
arising from the judge's OR FORMER JUDGE'S service IF: IF THE JUDGE OR FORMER
JUDGE DIES AND:

(1) THE JUDGE OR FORMER JUDGE DIES AND LEAVES NO SPOUSE,
SURVIVING SPOUSE, OR MINOR CHILDREN;

(2) A SPOUSE, SURVIVING SPOUSE, OR ALL MINOR CHILDREN DIE; OR

(3) ALL OF THE JUDGE'S OR FORMER JUDGE'S CHILDREN ARE ADULTS.

(1) LEAVES NO SURVIVING SPOUSE OR MINOR CHILDREN;

(2)      A SURVIVING SPOUSE DIES AND THERE ARE NO MINOR CHILDREN
OF THE DECEASED JUDGE; OR

(3)      THE LAST OF THE MINOR CHILDREN RECEIVING BENEFITS UNDER
THIS SECTION ATTAINS MAJORITY OR DIES BEFORE ATTAINING MAJORITY.

(F) (1) INSTEAD OF THE RETIREMENT ALLOWANCES PAYABLE UNDER THIS
SUBTITLE, A JUDGE OR FORMER JUDGE WHO AT THE TIME OF RETIREMENT DOES NOT
HAVE A SPOUSE OR MINOR CHILD WHO WOULD BE ENTITLED TO A BENEFIT UNDER
SUBSECTION (E) OF THIS SECTION MAY ELECT A REDUCED ALLOWANCE OF
EQUIVALENT ACTUARIAL VALUE IN ONE OF THE OPTIONAL FORMS SET OUT IN
SUBSECTION (G)(2) OF THIS SECTION.

(2) THE ELECTION OF THE OPTION SHALL BE:

(I) MADE BEFORE THE FIRST PAYMENT OF THE ALLOWANCE
NORMALLY BECOMES DUE;

(II)     MADE ON A FORM PROVIDED FOR THAT PURPOSE; AND

(III)    FILED WITH THE BOARD OF TRUSTEES.

(3) IF A JUDGE OR FORMER JUDGE DIES PRIOR TO THE EFFECTIVE DATE OF
RETIREMENT, THE ELECTION SHALL BE VOID AND OF NO EFFECT, AND THE BENEFITS
PAYABLE ON THE JUDGE'S OR FORMER JUDGE'S ACCOUNT SHALL BE THE SAME AS
THOUGH THE ELECTION HAD NOT BEEN FILED.

(4) A JUDGE OR FORMER JUDGE WHO HAS ELECTED AN OPTIONAL BENEFIT
MAY CHANGE THE ELECTION BY DUE NOTICE TO THE BOARD OF TRUSTEES, BUT A
CHANGE MAY NOT BE MADE AFTER THE FIRST PAYMENT OF THE ALLOWANCE
NORMALLY BECOMES DUE.

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