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Ch. 102
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2002 LAWS OF MARYLAND
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Article—State Personnel and Pensions
Section 29-204
Annotated Code of Maryland
(1997 Replacement Volume and 2001 Supplement)
BY repealing and reenacting, with amendments,
Chapter 588 of the Acts of the General Assembly of 2001
Section 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - State Personnel and Pensions
29-203.
(a) (1) This section SUBSECTION applies only to an individual who dies
while employed as a member of the Law Enforcement Officers' Pension System:
(1) (i) without willful negligence by the member; and
(2) (i) (ii) with more than 2 years of eligibility service; or
(ii) with death arising out of or in the course of the actual
performance of duty.
(b) (2) When the Board of Trustees receives proof of death of a member and
finds that the death has occurred in the manner described in subsection (a)
PARAGRAPH (1) of this section SUBSECTION, the Board of Trustees shall pay:
(1) (I) if the member is survived by a spouse or child under the age of
18 years, an allowance of [50% of the ordinary disability retirement allowance
provided for in § 29-108 of this subtitle:] TWO-THIRDS OF THE MEMBER'S AVERAGE
FINAL COMPENSATION:
(i) 1. to the surviving spouse; or
(ii) 2. if there is no surviving spouse or if the surviving spouse
dies before the youngest child of the member is 18 years old, to any children of the
deceased member who are under the age of 18 years; or
(2) (II) if the member is not survived by a spouse or child under the age
of 18 years, the death benefit under § 29-202 of this subtitle.
(B) (1) THIS SUBSECTION APPLIES ONLY TO AN INDIVIDUAL WHO DIES
WHILE EMPLOYED AS A MEMBER OF THE LAW ENFORCEMENT OFFICERS' PENSION
SYSTEM:
(I) WITHOUT WILLFUL NEGLIGENCE BY THE MEMBER; AND
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(II) WITH DEATH ARISING OUT OF OR IN THE COURSE OF THE
ACTUAL PERFORMANCE OF DUTY.
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