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2002 LAWS OF MARYLAND
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Ch. 102
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3. C. if there is no surviving spouse or children younger
than 18 years of age, to the member's dependent parent to continue as the Board of
Trustees may direct for the rest of the parent's life; or
(2) (II) if the member is not survived by a spouse, a child under the age
of 18 years, or a dependent parent, 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 STATE POLICE RETIREMENT SYSTEM:
(I) WITHOUT WILLFUL NEGLIGENCE BY THE MEMBER; AND
(II) WITH DEATH ARISING OUT OF OR IN THE COURSE OF THE
ACTUAL PERFORMANCE OF DUTY.
(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:
(I) IF THE MEMBER IS SURVIVED BY A SPOUSE, A CHILD UNDER
THE AGE OF 18 YEARS, OR A DEPENDENT PARENT:
1. THE MEMBER'S ACCUMULATED CONTRIBUTIONS TO THE
DESIGNATED BENEFICIARY, OR OTHERWISE TO THE MEMBER'S ESTATE; AND
2. AN ALLOWANCE OF TWO-THIRDS OF THE MEMBER'S
AVERAGE FINAL COMPENSATION:
A. TO THE SURVIVING SPOUSE;
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
C. IF THERE IS NO SURVIVING SPOUSE OR CHILDREN
YOUNGER THAN 18 YEARS OF AGE, TO THE MEMBER'S DEPENDENT PARENT TO
CONTINUE AS THE BOARD OF TRUSTEES MAY DIRECT FOR THE REST OF THE
PARENT'S LIFE; OR
(II) IF THE MEMBER IS NOT SURVIVED BY A SPOUSE, A CHILD
UNDER THE AGE OF 18 YEARS, OR A DEPENDENT PARENT, 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.
Chapter 588 of the Acts of 2001
SECTION 2. AND BE IT FURTHER ENACTED, That the computation of any
allowance under this Act:
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