Chapter 06. Performance of Duty-Related Death Benefits
Regulation .01 Benefits.LinkCopy Citation
A.
Death Benefit Eligibility — General.
(1)
The Secretary, under Public Safety Article, §1-202, Annotated Code of Maryland, may award a death benefit to the surviving spouse, child, dependent parent, or estate of an individual who, after January 1, 2006, died as a result of the performance of duty as a:
(a)
Law enforcement officer;
(b)
Correctional officer;
(c)
Volunteer or career firefighter or rescue squad member;
(d)
State Fire Marshal or Deputy State Fire Marshal;
(e)
Public safety aviation employee; or
(f)
Subject to limitations in State Government Article, §1-202(j), Annotated Code of Maryland, hazardous material response team employee.
(2)
The Secretary, under Public Safety Article, §1-202, Annotated Code of Maryland, may award a death benefit to the surviving spouse, child, dependent parent, or estate of Maryland resident who, after January 1, 2006, was a member of the United States military serving in the Afghanistan or Iraq conflict and died in the performance of duties:
(a)
During active military service in the Afghanistan or Iraq conflict; or
(b)
As a result of an injury sustained during active military service in the Afghanistan or Iraq conflict.
(3)
A death benefit awarded under this chapter is subject to deductions for taxes debt or penalty owed by a decedent to a federal, state, or local government agency.
B.
Funeral Expenses Eligibility — General. The Secretary, under Public Safety Article, §1-202, Annotated Code of Maryland, may award reasonable funeral expenses to the surviving spouse, child, parent, or estate of an individual specified under §A(1) of this regulation.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Children” has the meaning stated in Public Safety Article, §1-202, Annotated Code of Maryland.
(2)
“Correctional officer” has the meaning stated in Public Safety Article, §1-202, Annotated Code of Maryland.
(3)
“Dependent parent” has the meaning stated under §152 of the Internal Revenue Code of the United States.
(4)
“Employee” means an individual eligible for duty-related death benefits under this chapter.
(5)
“Individual serving in the Afghanistan or Iraq conflict” has the meaning stated in Public Safety Article, §1-202, Annotated Code of Maryland.
(6)
“Law enforcement officer” has the meaning stated in Public Safety Article, §1-202, Annotated Code of Maryland.
(7)
Performance of Duties.
(a)
“Performance of duties” has, in the case of an individual under §A(1)(c)—(f) under Regulation .01 of this chapter, the meaning stated in Public Safety Article, §1-202, Annotated Code of Maryland.
(b)
“Performance of duties” means, in the case of an individual under §A(1)(a) and (b) under Regulation .01 of this chapter, the individual was:
(i)
Actively participating in an official law enforcement or correctional responsibility;
(ii)
Going to or from an official law enforcement or correctional responsibility; or
(iii)
Performing other duties necessary to the performance of an official law enforcement or correctional responsibility.
(c)
Performance of duties” means, in the case of an individual under §A(2) under Regulation .01 of this chapter, the individual was actively participating in an official United States military responsibility in Afghanistan or Iraq.
(8)
“Secretary” means the Secretary of Public Safety and Correctional Services.
(9)
“State Fire Marshal” means a sworn member of the Office of the State Fire Marshal as described in Public Safety Article, Title 6, Subtitle 3, Annotated Code of Maryland.
Regulation .03 Benefit Payment Priority.LinkCopy Citation
A.
Death Benefit. When a death benefit is authorized, payment shall be made in the following priority order:
(1)
Full payment to the surviving spouse;
(2)
If there is no surviving spouse, full payment divided equally among surviving children;
(3)
If there is no surviving child, full payment to a surviving dependent parent; or
(4)
If there is no surviving dependent parent, full payment to the estate of the decedent.
B.
Funeral Expenses. When funeral expenses are authorized, payment shall be made in the following priority order:
(1)
Full payment to the surviving spouse;
(2)
If there is no surviving spouse, full payment to the surviving child;
(3)
If there are no surviving child, full payment to a surviving parent; or
(4)
If there is no surviving parent, full payment to the estate of the decedent.
Regulation .04 Notification of Benefits.LinkCopy Citation
A.
For the purpose of informing individuals who may be entitled to benefits under this chapter, the Department of Public Safety and Correctional Services (Department) shall work with the Maryland Department of Veteran Affairs, other State and local government agencies and private agencies the Department determines to be appropriate, to communicate the availability of, eligibility criteria for, and application process for a benefit under this chapter.
B.
The Department, with the approval of the Secretary, may establish an agreement with the Maryland Department of Veteran Affairs or other State or local government agency for the purpose of communicating the availability of, eligibility criteria for, and application process for a benefit under this chapter.
C.
The Executive Director, Human Resources Services Division for the Department of Public Safety and Correctional Services (Executive Director),or a designee, shall take reasonable steps to notify a potential recipient of the death benefit under this chapter:
(1)
When the Executive Director receives information concerning the death of an eligible decedent; and
(2)
After 1 year from the date of death of an eligible decedent, if no application for the death benefit for the eligible decedent is received.
Regulation .05 Benefits Coordinator.LinkCopy Citation
A.
The Executive Director, or a designee, shall ensure that statutory and regulatory requirements for administration of benefits under this chapter are met.
B.
The Executive Director shall:
(1)
Create and maintain forms necessary to apply for, process a request for, and award a benefit under this chapter;
(2)
To the degree possible, establish a network to identify and notify a surviving spouse, child, dependent parent, or estate potentially eligible to receive a benefit under this chapter;
(3)
Accept a request for, process a request for, and award to an eligible recipient a benefit under this chapter according to statutory and regulatory requirements; and
(4)
Establish and maintain records related to a request for, processing a request for, and awarding a benefit according to an approved retention schedule.
Regulation .06 Applying for Death Benefit.LinkCopy Citation
A.
Except for provisions under §B of this regulation, an individual applying for the death benefit under this chapter shall apply to the Executive Director in writing on forms approved by the Executive Director and provide the Executive Director with:
(1)
If the survivor is the spouse of a decedent eligible for the death benefit:
(a)
A copy of the decedent’s death certificate;
(b)
A copy of the decedent’s and survivor’s marriage certificate;
(c)
A copy of the report documenting the circumstances of the decedent’s death;
(d)
An official written statement from the agency employing the decedent that the decedent died in the performance of duty;
(e)
If applicable, a copy of the autopsy report; and
(f)
The name, address, and Social Security number of the survivor eligible to receive the death benefit payment;
(2)
If the surviving child or a legal guardian or authorized representative for the surviving child is applying:
(a)
The items under §A(1)(a) and (c)—(e) of this regulation; and
(b)
A copy of the birth certificate of the surviving child;
(3)
If the surviving child is mentally or physically incapable of personal support or a legal guardian or authorized representative for the child is applying:
(a)
Those items under §A(2)(a) and (b) of this regulation; and
(b)
A statement from a physician concerning the disability of the surviving child; or
(4)
If the surviving dependent parent is applying:
(a)
The items under §A(1)(a) and (c)—(f) of this regulation;
(b)
A copy of the birth certificate of the decedent; and
(c)
A copy of the decedent's most recent federal or State income tax return showing dependency of the parent.
B.
Except for provisions under §A of this regulation, an individual or agency applying for a death benefit for a Maryland individual serving in the Afghanistan or Iraq conflict under this chapter shall provide:
(1)
The appropriate information required under §A(1), A(2), A(3), or A(4) of this regulation; and
(2)
An official report from the U. S. military verifying the decedent died while in the performance of duties:
(a)
During the Afghanistan or Iraq conflict while on active U. S. military service in Afghanistan or Iraq; or
(b)
From an injury sustained while on active U. S. military service in Afghanistan or Iraq during the Afghanistan or Iraq conflict.
C.
Additional documentation or information may be required because of unusual or exceptional circumstances.
D.
The information in §§A and B of this regulation shall be sent to the Department of Public Safety and Correctional Services, Human Resources Services Division.
E.
An application for the death benefit under this regulation shall be submitted to the Executive Director within 3 years of the death of the decedent’s death.
Regulation .07 Applying for Funeral Expenses.LinkCopy Citation
A.
An individual applying for funeral expenses under this chapter shall apply to the Executive Director in writing on forms approved by the Executive Director and provide the Executive Director with:
(1)
Documentation that may include requirements for information established under Regulation .06 of this chapter to verify that the individual applying for funeral expenses under this chapter is eligible for the benefit; and
(2)
A detailed summary of funeral expenses for a decedent representing the total cost of the funeral with invoices supporting the funeral expenses.
B.
An individual applying for funeral expenses under this chapter shall forward the required information to the Executive Director.
Regulation .08 Appeal.LinkCopy Citation
A.
An aggrieved individual may appeal a decision concerning a benefit under this chapter.
B.
An appeal of an action under this chapter shall be in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
Chapter annotations
Authority: Correctional Services Article, §2-109; Public Safety Article, §1-202; State Government Article, §9-943; Annotated Code of Maryland
History: Effective date: April 18, 1988 (15:8 Md. R. 1015)
History: Regulation .01 amended effective April 22, 1996 (23:8 Md. R. 607)
History: Regulation .01A amended effective April 2, 1990 (17:6 Md. R. 742)
History: Regulation .02 amended effective April 22, 1996 (23:8 Md. R. 607)
History: Chapter revised effective December 22, 2003 (30:25 Md. R. 1850)
History: Chapter revised effective April 13, 2015 (42:7 Md. R. 571)