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PARRIS N. GLENDENING, Governor
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Ch. 101
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Article - State Personnel and Pensions
10-404.
(a) (1) In this section the following words have the meanings indicated.
(2) "Child" means any natural, adopted, or posthumous child, or
stepchild, or the decedent who is:
(i) 18 years of age or under; or
(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) This section applies to all [employees in]:
(1) EMPLOYEES IN the State Personnel Management System; [and]
(2) EMPLOYEES IN any other authorized personnel system established
for a unit of State government; AND
(3) MEMBERS OF THE MARYLAND NATIONAL GUARD SERVING ON
ORDERS ISSUED IN ACCORDANCE WITH ARTICLE 65 OF THE ANNOTATED CODE OF
MARYLAND OR TITLE 32 OF THE UNITED STATES CODE.
(c) (1) (i) Except as provided in paragraph (2) PARAGRAPHS (2) AND (3)
PARAGRAPH (2) of this subsection, a death benefit in the amount of $100,000 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, 2000.
(ii) A death benefit may not be paid under this paragraph if an
employee is killed as a result of the employee's negligence.
(III) A DEATH BENEFIT MAY NOT BE PAID UNDER THIS PARAGRAPH
IF A MEMBER OF THE MARYLAND NATIONAL GUARD WHO IS KILLED IN THE
PERFORMANCE OF DUTIES IS ELIGIBLE TO RECEIVE DEPENDENCY AND INDEMNITY
COMPENSATION UNDER RULES PRESCRIBED BY THE UNITED STATES DEPARTMENT
OF VETERANS AFFAIRS.
(2) (i) A death benefit in the amount of $50,000 shall be paid to the
surviving spouse, children, or dependent parents of any State employee covered by
the provisions of Article 41, § 4-1002 of the Code who is killed in the performance of
duties on or after July 1, 2000.
(ii) A death benefit may not be paid under this paragraph if an
employee is killed as a result of the employee's negligence.
(iii) An individual who receives a death benefit under this
paragraph may not also receive a death benefit under paragraph (1) OR (3) of this
subsection.
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- 1307 -
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