Ch. 31

1997 LAWS OF MARYLAND

(II) OVER 18 YEARS OF AGE AND INCAPABLE OF SELF-SUPPORT
BECAUSE OF A PHYSICAL OR MENTAL DISABILITY.

(3) "STEPCHILD" MEANS ANY CHILD OF THE SURVIVING SPOUSE WHO
WAS LIVING WITH OR DEPENDENT FOR SUPPORT ON THE DECEDENT AT THE TIME
OF DEATH.

(B) SCOPE OF SECTION.

(1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, THIS
SECTION APPLIES TO ALL EMPLOYEES IN:

(I) THE STATE PERSONNEL MANAGEMENT SYSTEM; AND

(II) ANY OTHER AUTHORIZED PERSONNEL SYSTEM ESTABLISHED
FOR A UNIT OF STATE GOVERNMENT.

(2) THIS SECTION DOES NOT APPLY TO AN EMPLOYEE COVERED BY THE
PROVISIONS OF ARTICLE 41, § 4-1002 OF THE CODE.

(C) ELIGIBILITY FOR AND AMOUNT OF BENEFIT.

(1) (I) AS PROVIDED IN THIS SECTION, A DEATH BENEFIT IN THE
AMOUNT OF $50,000 SHALL BE PAID TO THE SURVIVING SPOUSE, CHILDREN, OR
DEPENDENT PARENTS OF ANY EMPLOYEE SUBJECT TO THIS SECTION WHO IS KILLED
IN THE PERFORMANCE OF DUTIES ON OR AFTER JULY 1, 1992.

(II) A DEATH BENEFIT MAY NOT BE PAID UNDER THIS SECTION IF
AN EMPLOYEE IS KILLED AS A RESULT OF THE EMPLOYEE'S NEGLIGENCE.

(2) A DEATH BENEFIT UNDER THIS SECTION SHALL BE IN ADDITION TO

ANY:

(I) WORKERS' COMPENSATION BENEFITS; AND

(II) PROCEEDS OF ANY FORM OF LIFE INSURANCE, REGARDLESS
OF WHO PAID THE PREMIUMS ON THE INSURANCE.

(D) PAYMENT OF BENEFITS.

(1) ON NOTIFICATION BY THE HEAD OF THE UNIT THAT EMPLOYED THE
DECEDENT, THE SECRETARY SHALL DETERMINE WHETHER A DEATH BENEFIT WILL
BE PAID UNDER THIS SECTION.

(2) IF THE SECRETARY DETERMINES THAT A DEATH BENEFIT IS
PAYABLE, PAYMENT SHALL BE MADE:

(I) TO THE SURVIVING SPOUSE;

(II) IF THERE IS NO SURVIVING SPOUSE, TO THE SURVIVING
CHILDREN, IN EQUAL SHARES; OR

- 706 -