2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 29 - Benefits Other Than Service Retirement Benefits › Subtitle 2 - Death Benefits › Section 29-205 - Election of Allowance -- Retirement Systems and Local Fire and Police Transferees

(a)    This section applies to an individual who died while employed as a member:
(1)    (i)    of the Correctional Officers’ Retirement System;
(ii)    of the Employees’ Retirement System;
(iii)    of the Local Fire and Police System, if the member had transferred from the Employees’ Retirement System; or
(iv)    of the Teachers’ Retirement System; and
(2)    (i)    who was eligible to retire; or
(ii)    who was at least 55 years old with at least 15 years of eligibility service.
(b)    Except as provided in subsections (d) and (e) of this section, a member’s surviving spouse may elect to receive one of the following:
(1)    the death benefit, under § 29–202 of this subtitle; or
(2)    an allowance equal to the amount payable under Option 2 as described in § 21–403 of this article.
(c)    (1)    Except as provided in subsections (d) and (e) of this section, when the Board of Trustees receives proof of a death of a member described under subsection (a) of this section and there is no surviving spouse, a child under the age of 26 years or a disabled child of the member may elect to receive an allowance in accordance with this subsection.
(2)    If an election is made under paragraph (1) of this subsection, the Board of Trustees shall pay, in accordance with paragraph (3) of this subsection, an allowance equal to 50% of the basic allowance the member was eligible to receive under Division II of this article to any children of the deceased member who are under the age of 26 years or disabled, as defined under § 72(m)(7) of the Internal Revenue Code.
(3)    (i)    Except as provided in subparagraphs (ii) and (iii) of this paragraph, if the Board of Trustees pays an allowance under this subsection to more than one child, the Board of Trustees shall divide the allowance among the children in a manner that provides for payments to continue until:
1.    each child has died; or
2.    each child becomes 26 years old.
(ii)    Notwithstanding subparagraph (i)2 of this paragraph, a surviving child who is disabled shall continue to receive an allowance under subparagraph (i) of this paragraph past the age of 26 years, if the child continues to be disabled.
(iii)    1.    If a surviving child receiving an allowance under subparagraph (i) of this paragraph is disabled, as defined under § 72(m)(7) of the Internal Revenue Code, the Board of Trustees shall pay to the disabled surviving child an allowance equal to the total of the allowances paid under subparagraph (i) of this paragraph after:
A.    all other nondisabled surviving children have died; or
B.    the youngest nondisabled surviving child becomes 26 years old.
2.    If more than one surviving child is disabled, as defined under § 72(m)(7) of the Internal Revenue Code, the retirement allowance payable under subsubparagraph 1 of this subparagraph shall be divided equally among the disabled children.
(4)    Before the payment of an allowance under this subsection, if all individuals who are eligible to receive a death benefit under this subsection elect to waive the payment of an allowance, a benefit shall be paid in accordance with § 29–202(a) of this subtitle.
(d)    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 payable or has been paid for that death.
(e)    A death benefit under this section may not be paid for the death of a member of the Employees’ Retirement System or Teachers’ Retirement System if a special death benefit under § 29–204.2 of this subtitle is payable or has been paid for that death.