Section 24-405.2 - Contributions and allowances to Maryland State Police Aviation Command helicopter pilot [Section subject to abrogation]. - Maryland Statutes

§ 24-405.2. Contributions and allowances to Maryland State Police Aviation Command helicopter pilot [Section subject to abrogation].
 

(a)  Readjustment of allowance due to total incapacity.-  

(1) This subsection applies to a retiree who: 

(i) 1. is reemployed under § 24-405(b)(3)(iii) of this subtitle; or 

2. is reemployed as a Maryland State Police Aviation Command helicopter pilot; 

(ii) while reemployed under item (i) of this paragraph is totally and permanently incapacitated for duty in the course of the actual performance of duty without willful negligence by the retiree; and 

(iii) the medical board certifies that: 

1. the retiree is totally incapacitated, either mentally or physically, for the further performance of duty; 

2. the retiree's incapacity is likely to be permanent; and 

3. the retiree should cease reemployment. 

(2) The normal service retirement allowance that a retiree described under paragraph (1) of this subsection is receiving at the time the retiree is determined to be disabled under this subsection shall be readjusted to equal two-thirds of the retiree's average final compensation at the time the retiree retired, with accumulated cost-of-living adjustments from the date the retiree retired. 

(b)  Payment of contributions and special allowance for death.-  

(1) This subsection applies to a retiree who: 

(i) 1. dies while reemployed under § 24-405(b)(3)(iii) of this subtitle; or 

2. dies while reemployed as a Maryland State Police Aviation Command helicopter pilot; 

(ii) dies without willful negligence by the retiree; and 

(iii) is killed in the course of the actual performance of duty. 

(2) When the Board of Trustees receives proof of death of a retiree and finds that the death has occurred in the manner described in paragraph (1) of this subsection, the Board of Trustees shall pay the balance of the retiree's accumulated contributions and a special death benefit allowance equal to two-thirds of the retiree's average final compensation at the time of retirement, with accumulated cost-of-living adjustments from the date the retiree retired: 

(i) to the surviving spouse; 

(ii) 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 

(iii) 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. 

(3) Any benefits under Title 21, Subtitle 4 of this article or § 24-403 of this subtitle may not be paid if a special death benefit is paid under paragraph (2) of this subsection. 
 

[2009, chs. 643, 644.]