Section 21-401 - Election. - Maryland Statutes

§ 21-401. Election.
 

(a)  In general.-  

(1) Subject to paragraph (2) of this subsection, instead of the basic allowance provided under the State system of a member, the member may elect a reduced allowance to be paid as one of the options under § 21-403 of this subtitle. 

(2) Paragraph (1) of this subsection applies to a member of: 

(i) the Law Enforcement Officers' Pension System or State Police Retirement System only if, at retirement, the member does not have a spouse; and 

(ii) the Judges' Retirement System only if, at retirement, the member does not have a spouse or child under the age of 18 years. 

(b)  Procedure.- To elect an optional form of allowance, a member shall: 

(1) complete the appropriate form that the Board of Trustees provides; and 

(2) file the form with the Board of Trustees before the first allowance payment normally becomes due. 

(c)  Change of election.- A member who has elected an optional form of allowance may change the election only if the member notifies the Board of Trustees before the first allowance payment normally becomes due. 

(d)  Death before retirement; effect on election.- If a member dies before the effective date of retirement, the Board of Trustees shall pay the benefits payable on the member's behalf as if the member had not elected an optional form of allowance. 
 

[An. Code 1957, art. 73B, §§ 2-407, 3-407, 4-409, 5-409, 6-406, 7-407, 8-404, 9-104, 10-220; 1994, ch. 6, § 2; 1996, ch. 438, § 3; 2002, ch. 301.]