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<section article="gsp" article_name="State Personnel and Pensions" number="29-204.3" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="2" subtitle_name="Death Benefits">
  <level label="a">
    <text>This section applies only to an individual who is killed while a member of the Judges’ Retirement System:</text>
    <level label="1">
      <text>without willful negligence by the member; and</text>
    </level>
    <level label="2">
      <text>with death arising out of or in the course of the actual performance of duty.</text>
    </level>
  </level>
  <level label="b">
    <text>When the Board of Trustees receives proof of death of a member and finds that the death has occurred in the manner described in subsection (a) of this section, the Board of Trustees shall pay:</text>
    <level label="1">
      <text>if the member is survived by a spouse, a child under the age of 26 years, a disabled child, or a dependent parent:</text>
      <level label="i">
        <text>the member’s accumulated contributions to the designated beneficiary, or otherwise to the member’s estate; and</text>
      </level>
      <level label="ii">
        <text>an allowance of two–thirds of the salary payable in that fiscal year to a member holding the same level judicial position as that held by the member as of the date of death of the member:</text>
        <level label="1">
          <text>to the surviving spouse;</text>
        </level>
        <level label="2">
          <text>if there is no surviving spouse or if the surviving spouse dies, to any children of the deceased member who are under the age of 26 years or disabled, as defined under § 72(m)(7) of the Internal Revenue Code, in accordance with subsection (c) of this section; or</text>
        </level>
        <level label="3">
          <text>if there is no surviving spouse, no child under the age of 26 years, or no disabled child, to the member’s dependent parent to continue as the Board of Trustees may direct for the rest of the parent’s life; or</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>if the member is not survived by a spouse, a child under the age of 26 years, a disabled child, or a dependent parent, a death benefit in accordance with § 27–403(a)(2) of this article.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>Except as provided in paragraphs (2) and (3) of this subsection, if the Board of Trustees pays an allowance under this section to more than one child, the Board of Trustees shall divide the allowance among the children in a manner that provides for payments to continue until:</text>
      <level label="i">
        <text>each child has died; or</text>
      </level>
      <level label="ii">
        <text>each child becomes 26 years old.</text>
      </level>
    </level>
    <level label="2">
      <text>Notwithstanding paragraph (1)(ii) of this subsection, a surviving child who is disabled shall continue to receive an allowance under paragraph (1) of this subsection past the age of 26 years, if the child continues to be disabled.</text>
    </level>
    <level label="3">
      <level label="i">
        <text>If a surviving child receiving an allowance under paragraph (1) of this subsection is disabled, as defined under § 72(m)(7) of the Internal Revenue Code, the Board of Trustees shall pay to the disabled surviving child an allowance equal to the total of the allowances paid under paragraph (1) of this subsection after:</text>
        <level label="1">
          <text>all other nondisabled surviving children have died; or</text>
        </level>
        <level label="2">
          <text>the youngest nondisabled surviving child becomes 26 years old.</text>
        </level>
      </level>
      <level label="ii">
        <text>If more than one surviving child is disabled, as defined under § 72(m)(7) of the Internal Revenue Code, the allowance payable under subparagraph (i) of this paragraph shall be divided equally among the disabled children.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <text>Before the payment of any special death benefit is made under this section, if all individuals eligible for a special death benefit under this section elect to waive the payment of the special death benefit, a benefit shall be paid in accordance with § 27–403 of this article.</text>
  </level>
</section>
