2013 Maryland Code
STATE PERSONNEL AND PENSIONS
§ 29-206 - Election of allowance by surviving spouse -- Pension systems

§29-206.

(a) 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) 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) 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.