ROBERT L. EHRLICH, JR., Governor Ch. 5
the duration of his or her natural life, unless he or she remarries. If the surviving
spouse has died or has remarried, as in this section specified, payments to any
surviving child shall terminate when he or she reaches the age of 18 years. If a
pension is paid under" this section, it shall in no event be less than $100 per month in
the aggregate. A surviving spouse, child, or children resulting from any marriage
contracted after the retirement of the member are not eligible for any payments
under the provisions of this subtitle. For the purposes of this section the
remuneration of a retired member shall be computed as it was in the year
immediately preceding the granting of the member's application for retirement. With
respect to a member who dies while in service the word "remuneration" shall be
computed as it was in the year immediately preceding the date of his or her death.
REVISOR'S NOTE: This section formerly was Art. 88B, § 34.
Former Art. 88B, § 34 related to disability retirement by employees of the
Department of State Police who elected not to become members of the
State Police Retirement System. This provision is not retained in the Code
because of its limited and diminishing applicability. However, it is
transferred to the Session Laws to avoid any inadvertent substantive effect
that its repeal might have.
The only changes are in style.
[34A.] 4.
(a) For the fiscal year beginning July 1, 1971, and for each fiscal year
thereafter, each retired member's retirement allowance as hereunder defined,
exclusive of any additional voluntary annuity, shall be adjusted by a ratio as provided
in this section.
(b) (1) Each retired member shall have a base which shall be the consumer
price index for the calendar year ending December 31st of the fiscal year in which he
was last employed.
(2) The consumer price index to be used for the fiscal year in which the
retirement allowance is payable shall be the consumer price index for the calendar
year ending December 31st of the preceding fiscal year.
(3) The ratio of adjustment of the retirement allowance referred to in
subsection (a) of this section shall be obtained by dividing the consumer price index in
subsection (b)(2) OF THIS SECTION by the consumer price index in subsection (b)(1) of
this section.
(c) For the purposes of this section the retirement allowance referred to in
subsection (a) of this section, shall be that retirement allowance elected by the
member under FORMER ARTICLE 88B, § 31 of [this article] THE CODE, exclusive of
any additional voluntary annuity.
(d) For the purposes of this section, consumer price index shall mean the
consumer price index (all items — United States city average), as published by the
United States Department of Labor, Bureau of Labor Statistics.
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