ROBERT L. EHRLICH, JR., Governor

Ch. 5

(III) THE FUNERAL BENEFIT PROVIDED UNDER SUBSECTION (C) OF
THIS SECTION.

(C)     FUNERAL BENEFIT.

(1)      REASONABLE FUNERAL EXPENSES, NOT EXCEEDING $10,000, SHALL
BE PAID TO THE SURVIVING SPOUSE, CHILD, PARENT, OR ESTATE OF EACH OF THE
FOLLOWING INDIVIDUALS WHO IS KILLED OR DIES IN THE PERFORMANCE OF
DUTIES:

(I)      A LAW ENFORCEMENT OFFICER;

(II)     A CORRECTIONAL OFFICER;

(III)   A VOLUNTEER OR CAREER FIREFIGHTER OR RESCUE SQUAD
MEMBER; OR

(IV)    A SWORN MEMBER OF THE OFFICE OF STATE FIRE MARSHAL.

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

(D)     FLAG BENEFIT.

(1)      THE SECRETARY OF STATE SHALL ISSUE A STATE FLAG TO THE
FAMILY OF A FIREFIGHTER, POLICEMAN, OR SWORN MEMBER OF THE OFFICE OF
STATE FIRE MARSHAL WHO IS KILLED IN THE PERFORMANCE OF DUTY.

(2)      THE FLAG SHALL BE PRESENTED TO THE FAMILY OF THE DECEASED
BY THE STATE SENATOR OF THE LEGISLATIVE DISTRICT IN WHICH THE DECEASED
RESIDED OR SERVED.

(E)     DISCRETIONARY DEATH BENEFIT.

ON A CASE-BY-CASE BASIS, THE SECRETARY OF PUBLIC SAFETY AND
CORRECTIONAL SERVICES MAY AWARD A DEATH BENEFIT UNDER THIS SECTION IF:

(1)      THE DECEDENT'S DEATH WAS CAUSED BY THE DECEDENT'S
INTENTIONAL MISCONDUCT;

(2)      THE DECEDENT INTENDED TO BRING ABOUT THE DECEDENT'S
DEATH; OR

(3)      THE DECEDENT'S VOLUNTARY INTOXICATION WAS THE PROXIMATE
CAUSE OF THE DECEDENT'S DEATH.

(F)     RECIPIENTS OF BENEFITS.

IF THE SECRETARY OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
DETERMINES THAT THE BENEFITS UNDER THIS SECTION ARE TO BE PAID, THE
BENEFITS SHALL BE PAID:

(1) TO THE DECEDENT'S SURVIVING SPOUSE;

- 29 -