§ 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.
§ 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.
§ 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.
