Section 10-404 - Death benefits for survivors of State employees. - Maryland Statutes

§ 10-404. Death benefits for survivors of State employees.
 

(a)  Definitions.-  

(1) In this section the following words have the meanings indicated. 

(2) "Child" means any natural, adopted, or posthumous child, or stepchild, or the decedent who is: 

(i) 18 years of age or under; or 

(ii) over 18 years of age and incapable of self-support because of a physical or mental disability. 

(3) "Stepchild" means any child of the surviving spouse who was living with or dependent for support on the decedent at the time of death. 

(b)  Scope of section.- This section applies to all: 

(1) employees in the State Personnel Management System; 

(2) employees in any other authorized personnel system established for a unit of State government; and 

(3) members of the Maryland National Guard serving on orders issued in accordance with Title 13 of the Public Safety Article or Title 32 of the United States Code. 

(c)  Eligibility for and amount of benefit.-  

(1) (i) Except as provided in paragraph (2) of this subsection, a death benefit in the amount of $100,000 shall be paid to the surviving spouse, children, or dependent parents of any employee subject to this section who is killed in the performance of duties on or after July 1, 2000. 

(ii) A death benefit may not be paid under this paragraph if an employee is killed as a result of the employee's negligence. 

(iii) A death benefit may not be paid under this paragraph if a member of the Maryland National Guard who is killed in the performance of duties is eligible to receive dependency and indemnity compensation under rules prescribed by the United States Department of Veterans Affairs. 

(2) (i) A death benefit in the amount of $50,000 shall be paid to the surviving spouse, children, or dependent parents of any State employee covered by the provisions of § 1-202 of the Public Safety Article who is killed in the performance of duties on or after July 1, 2000. 

(ii) A death benefit may not be paid under this paragraph if an employee is killed as a result of the employee's negligence. 

(iii) An individual who receives a death benefit under this paragraph may not also receive a death benefit under paragraph (1) of this subsection. 

(3) A death benefit under this section shall be in addition to any: 

(i) workers' compensation benefits; 

(ii) proceeds of any form of life insurance, regardless of who paid the premiums on the insurance; 

(iii) benefit provided to a State employee covered by the provisions of § 1-202 of the Public Safety Article; and 

(iv) except as provided in paragraph (1)(iii) of this subsection, benefits paid to a member of the Maryland National Guard, the member's estate, or the member's beneficiaries or survivors by the United States. 

(d)  Payment of benefits.-  

(1) On notification by the head of the unit that employed the decedent, the Secretary shall determine whether a death benefit will be paid under this section. 

(2) If the Secretary determines that a death benefit is payable, payment shall be made: 

(i) to the surviving spouse; 

(ii) if there is no surviving spouse, to the surviving children, in equal shares; or 

(iii) if there is no surviving spouse or children, to the surviving parent or parents, if the parent was a dependent as defined in § 152 of the Internal Revenue Code. 

(e)  Funds for benefits.- A death benefit under this section shall be paid out of funds which the Governor may appropriate for that purpose in the State budget. 

(f)  Appeals.- A decision of the Secretary under this section: 

(1) is the final administrative decision; and 

(2) is not subject to appeal under Title 10, Subtitle 2 of the State Government Article. 
 

[An. Code 1957, art. 41, § 4-1004; 1997, ch. 31, § 1; 2000, ch. 179; 2001, ch. 253; 2002, ch. 101, § 3; 2003, ch. 17.]