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§ 29-202. Payment of death benefits to member’s beneficiary or estate

West's Annotated Code of MarylandState Personnel and PensionsEffective: May 8, 2020

West's Annotated Code of Maryland
State Personnel and Pensions (Refs & Annos)
Division II. Pensions [Titles 20-34] (Refs & Annos)
Title 29. Benefits Other than Service Retirement Benefits
Subtitle 2. Death Benefits (Refs & Annos)
Effective: May 8, 2020
MD Code, State Personnel and Pensions, § 29-202
§ 29-202. Payment of death benefits to member’s beneficiary or estate
Payment of death benefits
(a)(1)(i) Subject to subparagraph (ii) of this paragraph, when the Board of Trustees receives proof of death of an individual who died while employed as a member, the Board of Trustees shall pay to the designated beneficiary or, if there is no designated beneficiary, to the member's estate the amounts specified in this subsection.
(ii) If a member designates more than one beneficiary, on the death of the member, the Board of Trustees shall pay the amounts specified in this subsection in equal shares to each of the designated beneficiaries.
(2) Subject to paragraph (1) of this subsection, the Board of Trustees shall pay the member's accumulated contributions.
(3) Subject to paragraph (1) of this subsection, the Board of Trustees shall pay an amount equal to the member's annual earnable compensation at death if the member dies in the course of the performance of duty or the member has at least 1 year of eligibility service.
Construction with special death benefits
(b)(1) A death benefit under this section may not be paid for the death of a member of the State Police Retirement System if a special death benefit under § 29-204 of this subtitle is paid for that death.
(2) A death benefit under this section may not be paid for the death of a member of the Correctional Officers' Retirement System if a special death benefit under § 29-204.1 of this subtitle is paid for that death.
(3) A death benefit under this section may not be paid for the death of a member of the Employees' Retirement System, Employees' Pension System, Teachers' Retirement System, or Teachers' Pension System if a special death benefit under § 29-204.2 of this subtitle is paid for that death.
(4) A death benefit under this section may not be paid for the death of a member of the Law Enforcement Officers' Pension System if a special death benefit under § 29-203 of this subtitle is paid for that death.
(5) A death benefit under this section may not be paid for the death of a member if a retirement allowance under § 29-205 or § 29-206 of this subtitle is paid for that death.
(6)(i) If all individuals who are eligible for a special death benefit under § 29-203, § 29-204, § 29-204.1, or § 29-204.2 of this subtitle elect to waive the payment of a special death benefit, a benefit shall be paid in accordance with subsection (a) of this section.
(ii) If all individuals who are eligible for an allowance under § 29-205 or § 29-206 of this subtitle elect to waive the payment of an allowance, a benefit shall be paid in accordance with subsection (a) of this section.
Death benefit as group life insurance
(c) The Board of Trustees may provide the death benefit as group life insurance if the Board of Trustees finds that the designated beneficiaries would receive a more favorable tax treatment of the death benefit.

Credits

Added by Acts 1994, c. 6, § 2, eff. Oct. 1, 1994. Amended by Acts 1994, c. 165, § 3, eff. July 1, 1994; Acts 1994, c. 166, § 3, eff. July 1, 1994; Acts 1995, c. 371, § 1, eff. Oct. 1, 1995; Acts 2006, c. 279, § 1, eff. May 2, 2006; Acts 2006, c. 280, § 1, eff. May 2, 2006; Acts 2008, c. 519, § 1, eff. June 1, 2008; Acts 2011, c. 591, § 1, eff. July 1, 2011; Acts 2017, c. 277, § 1, eff. July 1, 2017; Acts 2017, c. 278, § 1, eff. July 1, 2017; Acts 2019, c. 208, § 1, eff. July 1, 2019; Acts 2020, c. 628, § 1, eff. May 8, 2020.
Formerly Art. 73B, §§ 2-417, 3-414, 4-414, 5-413, 6-411, 7-410, 8-408, 10-224.
MD Code, State Personnel and Pensions, § 29-202, MD ST PERS & PENS § 29-202
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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