(a) This section applies only to an individual who is killed while a member of the Employees' Retirement System, Employees' Pension System, Teachers' Retirement System, or Teachers' Pension System: (1) without willful negligence by the member; and (2) with death arising out of or in the course of the actual performance of duty. (b) 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: (1) if the member is survived by a spouse, a child under the age of 26 years, a disabled child, or a dependent parent: (i) the member's accumulated contributions to the designated beneficiary, or otherwise to the member's estate; and (ii) an allowance of two-thirds of the member's average final compensation: 1. to the surviving spouse; 2. 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 3. if there is no surviving spouse, no child younger than 26 years of age, 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 (2) if the member is not survived by a spouse, a child under the age of 26 years, a disabled child, or a dependent parent, the death benefit under § 29-202 of this subtitle. (c) (1) Except as provided under 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: (i) each child has died; or (ii) each child becomes 26 years old. (2) 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. (3) (i) 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: 1. all other nondisabled surviving children have died; or 2. the youngest nondisabled surviving child becomes 26 years old. (ii) 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. (d) 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 § 29-202(a) of this subtitle.
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