Section 29-205 - Election of allowance by surviving spouse - Retirement systems and local fire and police transferees. - Maryland Statutes

§ 29-205. Election of allowance by surviving spouse - Retirement systems and local fire and police transferees.
 

(a)  Scope of section.- This section applies to the surviving spouse of an individual who died while employed as a member of: 

(1) the Correctional Officers' Retirement System; 

(2) the Employees' Retirement System; 

(3) the Local Fire and Police System, if the member had transferred from the Employees' Retirement System; or 

(4) the Teachers' Retirement System. 

(b)  Election described.- Except as provided in subsections (c) and (d) of this section, a 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, if: 

(i) the spouse is the sole primary designated beneficiary; and 

(ii) the member: 

1. was eligible to retire; or 

2. was at least 55 years old with at least 15 years of eligibility service. 

(c)  Exception - Correctional Officers' Retirement System.- 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. 

(d)  Exception - Employees' or Teachers' Retirement System.- 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. 
 

[An. Code 1957, art. 73B, §§ 2-417, 3-414, 7-410, 10-224; 1994, ch. 6, § 2; 2006, chs. 279, 280; 2008, ch. 519.]