Ch. 6

1994 LAWS OF MARYLAND

WHEN THE BOARD OF TRUSTEES RECEIVES PROOF OF DEATH OF A MEMBER
AND FINDS THAT THE DEATH HAS OCCURRED IN THE MANNER DESCRIBED IN
SUBSECTION (A) OF THIS SECTION, THE BOARD OF TRUSTEES SHALL PAY:

(1)      IF THE MEMBER IS SURVIVED BY A SPOUSE OR CHILD UNDER THE
AGE OF 18 YEARS, AN ALLOWANCE OF 50% OF THE ORDINARY DISABILITY
RETIREMENT ALLOWANCE PROVIDED FOR IN § 29-108 OF THIS SUBTITLE:

(I) TO THE SURVIVING SPOUSE; OR

(II.) IF THERE IS NO SURVIVING SPOUSE OR IF THE SURVIVING
SPOUSE DIES BEFORE THE YOUNGEST CHILD OF THE MEMBER IS 18 YEARS OLD, TO
ANY CHILDREN OF THE DECEASED MEMBER WHO ARE UNDER THE AGE OF 18
YEARS; OR

(2)      IF THE MEMBER IS NOT SURVIVED BY A SPOUSE OR CHILD UNDER
THE AGE OF 18 YEARS, THE DEATH BENEFIT UNDER § 29-202 OF THIS SUBTITLE.

(C) DIVISION OF ALLOWANCE.

IF THE BOARD OF TRUSTEES PAYS AN ALLOWANCE UNDER THIS SECTION TO
MORE THAN ONE CHILD, THE BOARD OF TRUSTEES SHALL DIVIDE THE ALLOWANCE
AMONG THE CHILDREN UNDER THE AGE OF 18 YEARS IN A MANNER THAT
PROVIDES FOR PAYMENTS TO CONTINUE UNTIL EACH CHILD DIES OR BECOMES 18
YEARS OLD.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 73B, § 8-408(b).

In subsection (a) of this section, the reference to an individual who dies "while
employed as a member of the Natural Resources Pension System" is
substituted for the former reference to "member in service" to reflect that
"service" is no longer a defined term.

In the introductory language of subsection (b) of this section, the former
references to the "proper" proof and the "certification" of death are deleted
as implied in the reference to the finding of a death by the Board of Trustees.

In subsection (b)(1)(ii) of this section, the reference to the condition that "the
surviving spouse dies before the youngest child of the member is 18 years old"
is added to conform this provision with the similar provision in §
29-204(b)(1)(ii)2 that applies to the State Police Retirement System.

Subsection (c) of this section is substituted for the former reference to a
division of the allowance "in a manner as the Board of Trustees determines"
for clarity and to conform this provision with other similar provisions in this
Division II that apply to the Natural Resources Pension System and the State
Police Retirement System.'

- 612 -