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PARRIS N. GLENDENING, Governor Ch. 102
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(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 PARAGRAPH (1) OF THIS SUBSECTION, THE BOARD OF TRUSTEES SHALL PAY:
(1) IF THE MEMBER IS SURVIVED BY A SPOUSE OR CHILD UNDER
THE AGE OF 18 YEARS. AN ALLOWANCE OF TWO-THIRDS OF THE MEMBER'S AVERAGE
FINAL COMPENSATION:
1. TO THE SURVIVING SPOUSE; OR
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
(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.
(c) If the Board of Trustees pays an allowance under this section to more than
one child, the Board of Trustees shall divide the allowance among the children under
the age of 18 years in a manner that provides for payments to continue until each
child dies or becomes 18 years old.
29-204.
(a) (1) This section SUBSECTION applies only to an individual who dies
while employed as a member of the State Police Retirement 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.
(h) (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, a child under the age of
18 years, or a dependent parent:
(i) 1. the member's accumulated contributions to the designated
beneficiary, or otherwise to the member's estate; and
(ii) 2. an allowance of two-thirds 50% of the member's average
final compensation:
1. A. to the surviving spouse;
2. B. if there is no surviving spouse or if the surviving
spouse dies before the youngest child of the member is 18 years old, to all children
under the age of 18 years; or
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