# State Personnel and Pensions (GSP)

## Title 10. Employee Training Program; Awards and Benefits

### Subtitle 4. Miscellaneous Benefits

#### Section 10-401

(a) Except as provided in subsection (b) of this section and Sec. 10-404 of this subtitle, this subtitle applies to all employees of all units in the Executive Branch of State government.

(b) Except as provided in Sec. 10-404 of this subtitle, this subtitle does not apply to a unit with an independent personnel system.

#### Section 10-402

(a) This section does not apply to a temporary employee.

(b)

  (1) When a principal unit plans the closure of a facility where 50 or more employees regularly work, that unit shall give the employees of that facility notice of the planned closure of the facility.

  (2) Except as otherwise provided in this subsection, the notice shall be given at least 6 months before closing a facility.

  (3) In any year in which the Governor fails to include sufficient funds in the annual budget to operate a facility, thereby precipitating the closure of the facility, the notice shall be given no later than 30 days following the submission of the annual budget bill to the General Assembly.

  (4) Whenever the General Assembly in any year fails to appropriate sufficient funds in the annual budget to operate a facility, thereby precipitating the closure of the facility, the notice shall be given no later than 30 days following the close of that session of the General Assembly.

(c) If requested by an employee who is to be laid off, immediately following the notice, the department or other independent unit that plans the closure shall:

  (1) begin to provide intensive job counseling and training referral for the affected employees;

  (2) make efforts to relocate or transfer the affected employees to other departmental positions in the State; and

  (3) notify the Department of Budget and Management and the Maryland Department of Labor of any employees who are adversely affected.

(d) The Department of Budget and Management shall:

  (1) develop a list of State classifications with their comparable classifications, if any; and

  (2) with the assistance of the Maryland Department of Labor, make efforts to relocate the affected State employees to vacant State positions.

(e) The Maryland Department of Labor shall develop a program to assist adversely affected State employees by providing retraining and other appropriate employment and training services.

(f) The Secretary shall adopt rules and regulations to implement this section.

#### Section 10-403

(a)

  (1) Subject to paragraph (2) of this subsection, an employee subject to this subtitle is entitled to reimbursement for the loss of any wearing apparel, jewelry, eyeglasses, or prosthetic device damaged or destroyed as a result of an intentional act by a client, patient, prisoner, or other individual who is in the care or custody of the State.

  (2) Reimbursement is allowed under this section only if:

    (i) the loss occurs while the employee is engaged in the performance of job duties;

    (ii) the item is on the person of the employee when it is damaged or destroyed; and

    (iii) the employee gives a written report of the estimated loss to the employee's immediate supervisor before the close of business on the employee's next workday.

(b) To the extent that the employee is not reimbursed under any other State law, the employee's unit shall reimburse the employee under this section for the amount of the loss, but not more than $100 for each item.

(c) Each reimbursement under this section is subject to reasonable verification of the value of the item when the damage or destruction occurs.

#### Section 10-404

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Child" means any natural, adopted, or posthumous child, or stepchild, or the decedent who is:

    (i) 18 years of age or under; or

    (ii) over 18 years of age and incapable of self-support because of a physical or mental disability.

  (3) "Stepchild" means any child of the surviving spouse who was living with or dependent for support on the decedent at the time of death.

  (4) "Unit of State government" means a unit of State government in the Executive, Legislative, or Judicial branches of State government.

(b) This section applies to all:

  (1) employees in the State Personnel Management System;

  (2) employees in any other authorized personnel system established for a unit of State government; and

  (3) members of the Maryland National Guard serving on orders issued in accordance with Title 13 of the Public Safety Article or Title 32 of the United States Code.

(c)

  (1)

    (i) Except as provided in paragraph (2) of this subsection, a death benefit in the amount of $125,000 shall be paid to the surviving spouse, children, or dependent parents of any employee subject to this section who is killed in the performance of duties on or after July 1, 2000.

    (ii) A death benefit may not be paid under this paragraph if an employee is killed as a result of the employee's negligence.

    (iii) A death benefit may not be paid under this paragraph if a member of the Maryland National Guard who is killed in the performance of duties is eligible to receive dependency and indemnity compensation under rules prescribed by the United States Department of Veterans Affairs.

  (2)

    (i) A death benefit in the amount of $50,000 shall be paid to the surviving spouse, children, or dependent parents of any State employee covered by the provisions of Sec. 1-202 of the Public Safety Article who is killed in the performance of duties on or after July 1, 2000.

    (ii) A death benefit may not be paid under this paragraph if an employee is killed as a result of the employee's negligence.

    (iii) An individual who receives a death benefit under this paragraph may not also receive a death benefit under paragraph (1) of this subsection.

  (3) A death benefit under this section shall be in addition to any:

    (i) workers' compensation benefits;

    (ii) proceeds of any form of life insurance, regardless of who paid the premiums on the insurance;

    (iii) benefit provided to a State employee covered by the provisions of Sec. 1-202 of the Public Safety Article; and

    (iv) except as provided in paragraph (1)(iii) of this subsection, benefits paid to a member of the Maryland National Guard, the member's estate, or the member's beneficiaries or survivors by the United States.

  (4) For fiscal year 2026 and each fiscal year thereafter, the death benefits provided under this subsection in the prior fiscal year shall be adjusted by any change in the calendar year preceding the fiscal year in the Consumer Price Index (All Urban Consumers - United States City Average - All Items), as published by the United States Bureau of Labor Statistics.

(d)

  (1) Reasonable funeral expenses, not exceeding $25,000, shall be paid to the surviving spouse, child, or parent or the estate of any employee subject to this section who is killed or dies in the performance of duties.

  (2) For fiscal year 2026 and each fiscal year thereafter, the funeral benefit provided in the prior fiscal year shall be adjusted by any change in the calendar year preceding the fiscal year in the Consumer Price Index (All Urban Consumers - United States City Average - All Items), as published by the United States Bureau of Labor Statistics.

(e)

  (1) On notification by the head of the unit that employed the decedent, the Secretary shall determine whether a death benefit will be paid under this section.

  (2) If the Secretary determines that a death benefit is payable, payment shall be made:

    (i) to the surviving spouse;

    (ii) if there is no surviving spouse, to the surviving children, in equal shares; or

    (iii) if there is no surviving spouse or children, to the surviving parent or parents, if the parent was a dependent as defined in Sec. 152 of the Internal Revenue Code.

(f) A death benefit under this section shall be paid out of funds which the Governor may appropriate for that purpose in the State budget.

(g) A decision of the Secretary under this section:

  (1) is the final administrative decision; and

  (2) is not subject to appeal under Title 10, Subtitle 2 of the State Government Article.

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Md. Code Ann., State Pers. & Pens. (as displayed at mgaleg.maryland.gov, October 16, 2026)