Section 29-206 - Election of allowance by surviving spouse - Pension systems. - Maryland Statutes

§ 29-206. Election of allowance by surviving spouse - Pension systems.
 

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

(1) the Employees' Pension System; 

(2) the Teachers' Pension System; or 

(3) the Local Fire and Police System, if the member had not transferred from the Employees' Retirement System. 

(b)  Election described.- Except as provided in subsection (c) 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; 

2. had at least 25 years of eligibility service; or 

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

(c)  When death benefit not paid.- A death benefit under this section may not be paid for the death of a member of the Employees' Pension System or Teachers' Pension 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, §§ 4-414, 5-413, 10-224; 1994, ch. 6, § 2; 1995, ch. 567; 1996, ch. 591; 1998, ch. 530, § 2; 2008, ch. 519.]