Ch: 498

1996 LAWS OF MARYLAND

volunteer or professional firefighter or rescue squad member or any State fire marshal,
who is killed or dies in the performance of duties on or after July 1, 1989. The amount of
the benefit shall be $50,000.

(2)     This [sum] DEATH BENEFIT shall be in addition to:

(i) Any workers' compensation benefits; [or]

(ii) The proceeds of any form of life insurance, regardless of who paid
the premiums on the insurance; OR

(III) FUNERAL BENEFIT PROVIDED UNDER PARAGRAPH (3) OF THIS
SUBSECTION.

(3)      (I) REASONABLE FUNERAL EXPENSES, NOT TO EXCEED $10,000,
SHALL BE PAID TO THE SURVIVING SPOUSE, CHILDREN, OR DEPENDENT PARENTS
OF A LAW ENFORCEMENT OFFICER, CORRECTIONAL OFFICER, VOLUNTEER OR
PROFESSIONAL FIREFIGHTER OR RESCUE SQUAD MEMBER, OR STATE FIRE
MARSHAL WHO IS KILLED OR DIES IN THE LINE OF DUTY.

(II) THE FUNERAL BENEFIT PROVIDED BY THIS PARAGRAPH
SHALL BE REDUCED BY THE AMOUNT OF ANY RELATED WORKERS' COMPENSATION
BENEFITS PAID UNDER THE PROVISIONS OF § 9-689 OF THE LABOR AND
EMPLOYMENT ARTICLE.

(c)     The payments for which this section provides shall be made out of funds which
the Governor may appropriate for that purpose in the State budget.

(d)     The Secretary of Public Safety and Correctional Services may award a death
benefit under this section under any 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] BENEFITS provided for in this section [is]
ARE to be paid, payment shall be made as follows:

(1)     To the surviving spouse;

(2)     If there is no surviving spouse, to the surviving child or children of the
decedent in equal shares; or

(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.

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

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