MD
Maryland Senate Bill SB850

Maryland 2024 Regular Session

Maryland Senate Bill SB850 Compare Versions

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1- WES MOORE, Governor Ch. 479
21
3-– 1 –
4-Chapter 479
5-(Senate Bill 850)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *sb0850*
89
9-State Personnel – Line–of–Duty Death and Funeral Benefits
10+SENATE BILL 850
11+P4 4lr3154
1012
11-FOR the purpose of increasing the maximum amount of funeral expenses that may be
12-provided for a line–of–duty death of certain public safety officers and indexing the
13-benefit to inflation; repealing an offset against certain funeral expenses for the
14-line–of–duty death of certain public safety officers; increasing the maximum amount
15-of line–of–duty death benefits for State employees and indexing the benefit to
16-inflation; providing a funeral expense benefit for a line–of–duty death for State
17-employees and indexing the benefit to inflation; providing for the retroactive
18-application of this Act for certain deaths occurring before the effective date of this
19-Act; and generally relating to line–of–duty death and funeral benefits for State
20-employees.
13+By: Senator Corderman
14+Introduced and read first time: February 2, 2024
15+Assigned to: Budget and Taxation
16+Committee Report: Favorable
17+Senate action: Adopted
18+Read second time: February 26, 2024
2119
22-BY repealing and reenacting, with amendments,
23- Article – Public Safety
24-Section 1–202(d)
25- Annotated Code of Maryland
26- (2022 Replacement Volume and 2023 Supplement)
20+CHAPTER ______
2721
28-BY repealing and reenacting, without amendments,
29- Article – State Personnel and Pensions
30-Section 10–401
31- Annotated Code of Maryland
32- (2015 Replacement Volume and 2023 Supplement)
22+AN ACT concerning 1
3323
34-BY repealing and reenacting, with amendments,
35- Article – State Personnel and Pensions
36-Section 10–404
37- Annotated Code of Maryland
38- (2015 Replacement Volume and 2023 Supplement)
24+State Personnel – Line–of–Duty Death and Funeral Benefits 2
3925
40- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
41-That the Laws of Maryland read as follows:
26+FOR the purpose of increasing the maximum amount of funeral expenses that may be 3
27+provided for a line–of–duty death of certain public safety officers and indexing the 4
28+benefit to inflation; repealing an offset against certain funeral expenses for the 5
29+line–of–duty death of certain public safety officers; increasing the maximum amount 6
30+of line–of–duty death benefits for State employees and indexing the benefit to 7
31+inflation; providing a funeral expense benefit for a line–of–duty death for State 8
32+employees and indexing the benefit to inflation; providing for the retroactive 9
33+application of this Act for certain deaths occurring before the effective date of this 10
34+Act; and generally relating to line–of–duty death and funeral benefits for State 11
35+employees. 12
4236
43-Article – Public Safety
37+BY repealing and reenacting, with amendments, 13
38+ Article – Public Safety 14
39+Section 1–202(d) 15
40+ Annotated Code of Maryland 16
41+ (2022 Replacement Volume and 2023 Supplement) 17
4442
45-1–202.
43+BY repealing and reenacting, without amendments, 18
44+ Article – State Personnel and Pensions 19
45+Section 10–401 20
46+ Annotated Code of Maryland 21
47+ (2015 Replacement Volume and 2023 Supplement) 22
48+ 2 SENATE BILL 850
4649
47- (d) (1) Except as provided in subsection (j) of this section, reasonable funeral
48-expenses, not exceeding [$10,000] $25,000, shall be paid to the surviving spouse, child,
49-parent, or estate of each of the following individuals who is killed or dies in the performance Ch. 479 2024 LAWS OF MARYLAND
5050
51-– 2 –
52-of duties:
51+BY repealing and reenacting, with amendments, 1
52+ Article – State Personnel and Pensions 2
53+Section 10–404 3
54+ Annotated Code of Maryland 4
55+ (2015 Replacement Volume and 2023 Supplement) 5
5356
54- (i) a law enforcement officer;
57+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
58+That the Laws of Maryland read as follows: 7
5559
56- (ii) a correctional officer;
60+Article – Public Safety 8
5761
58- (iii) a volunteer or career firefighter or rescue squad member;
62+1–202. 9
5963
60- (iv) a public safety aviation employee;
64+ (d) (1) Except as provided in subsection (j) of this section, reasonable funeral 10
65+expenses, not exceeding [$10,000] $25,000, shall be paid to the surviving spouse, child, 11
66+parent, or estate of each of the following individuals who is killed or dies in the performance 12
67+of duties: 13
6168
62- (v) a sworn member of the office of State Fire Marshal; or
69+ (i) a law enforcement officer; 14
6370
64- (vi) a hazardous material response team employee.
71+ (ii) a correctional officer; 15
6572
66- (2) [The funeral benefit under this subsection shall be reduced by the
67-amount of any related workers’ compensation benefits paid under § 9–689 of the Labor and
68-Employment Article] FOR FISCAL YEAR 2026 AND EACH FISCAL YEAR THEREAFTER ,
69-THE FUNERAL BENEFIT PROVIDED IN THE PRIO R FISCAL YEAR SHALL BE ADJUSTED
70-BY ANY CHANGE IN THE CALENDAR YEAR PRECED ING THE FISCAL YEAR IN THE
71-CONSUMER PRICE INDEX (ALL URBAN CONSUMERS – UNITED STATES CITY
72-AVERAGE – ALL ITEMS), AS PUBLISHED BY THE UNITED STATES BUREAU OF LABOR
73-STATISTICS.
73+ (iii) a volunteer or career firefighter or rescue squad member; 16
7474
75-Article – State Personnel and Pensions
75+ (iv) a public safety aviation employee; 17
7676
77-10–401.
77+ (v) a sworn member of the office of State Fire Marshal; or 18
7878
79- (a) Except as provided in subsection (b) of this section and § 10–404 of this
80-subtitle, this subtitle applies to all employees of all units in the Executive Branch of State
81-government.
79+ (vi) a hazardous material response team employee. 19
8280
83- (b) Except as provided in § 10–404 of this subtitle, this subtitle does not apply to
84-a unit with an independent personnel system.
81+ (2) [The funeral benefit under this subsection shall be reduced by the 20
82+amount of any related workers’ compensation benefits paid under § 9–689 of the Labor and 21
83+Employment Article] FOR FISCAL YEAR 2026 AND EACH FISCAL YEAR THEREAFTER , 22
84+THE FUNERAL BENEFIT PROVIDED IN THE PRIO R FISCAL YEAR SHALL BE ADJUSTED 23
85+BY ANY CHANGE IN THE CALENDAR YEAR PRECED ING THE FISCAL YEAR IN THE 24
86+CONSUMER PRICE INDEX (ALL URBAN CONSUMERS – UNITED STATES CITY 25
87+AVERAGE – ALL ITEMS), AS PUBLISHED BY THE UNITED STATES BUREAU OF LABOR 26
88+STATISTICS. 27
8589
86-10–404.
90+Article – State Personnel and Pensions 28
8791
88- (a) (1) In this section the following words have the meanings indicated.
92+10–401. 29
8993
90- (2) “Child” means any natural, adopted, or posthumous child, or stepchild,
91-or the decedent who is:
94+ (a) Except as provided in subsection (b) of this section and § 10–404 of this 30
95+subtitle, this subtitle applies to all employees of all units in the Executive Branch of State 31
96+government. 32 SENATE BILL 850 3
9297
93- (i) 18 years of age or under; or
9498
95- (ii) over 18 years of age and incapable of self–support because of a
96-physical or mental disability. WES MOORE, Governor Ch. 479
9799
98-– 3 –
100+ (b) Except as provided in § 10–404 of this subtitle, this subtitle does not apply to 1
101+a unit with an independent personnel system. 2
99102
100- (3) “Stepchild” means any child of the surviving spouse who was living with
101-or dependent for support on the decedent at the time of death.
103+10–404. 3
102104
103- (4) “UNIT OF STATE GOVERNMENT ” MEANS A UNIT OF STATE
104-GOVERNMENT IN THE EXECUTIVE, LEGISLATIVE, OR JUDICIAL BRANCHES OF
105-STATE GOVERNMENT .
105+ (a) (1) In this section the following words have the meanings indicated. 4
106106
107- (b) This section applies to all:
107+ (2) “Child” means any natural, adopted, or posthumous child, or stepchild, 5
108+or the decedent who is: 6
108109
109- (1) employees in the State Personnel Management System;
110+ (i) 18 years of age or under; or 7
110111
111- (2) employees in any other authorized personnel system established for a
112-unit of State government; and
112+ (ii) over 18 years of age and incapable of self–support because of a 8
113+physical or mental disability. 9
113114
114- (3) members of the Maryland National Guard serving on orders issued in
115-accordance with Title 13 of the Public Safety Article or Title 32 of the United States Code.
115+ (3) “Stepchild” means any child of the surviving spouse who was living with 10
116+or dependent for support on the decedent at the time of death. 11
116117
117- (c) (1) (i) Except as provided in paragraph (2) of this subsection, a death
118-benefit in the amount of [$100,000] $125,000 shall be paid to the surviving spouse,
119-children, or dependent parents of any employee subject to this section who is killed in the
120-performance of duties on or after July 1, 2000.
118+ (4) “UNIT OF STATE GOVERNMENT ” MEANS A UNIT OF STATE 12
119+GOVERNMENT IN THE EXECUTIVE, LEGISLATIVE, OR JUDICIAL BRANCHES OF 13
120+STATE GOVERNMENT . 14
121121
122- (ii) A death benefit may not be paid under this paragraph if an
123-employee is killed as a result of the employee’s negligence.
122+ (b) This section applies to all: 15
124123
125- (iii) A death benefit may not be paid under this paragraph if a
126-member of the Maryland National Guard who is killed in the performance of duties is
127-eligible to receive dependency and indemnity compensation under rules prescribed by the
128-United States Department of Veterans Affairs.
124+ (1) employees in the State Personnel Management System; 16
129125
130- (2) (i) A death benefit in the amount of $50,000 shall be paid to the
131-surviving spouse, children, or dependent parents of any State employee covered by the
132-provisions of § 1–202 of the Public Safety Article who is killed in the performance of duties
133-on or after July 1, 2000.
126+ (2) employees in any other authorized personnel system established for a 17
127+unit of State government; and 18
134128
135- (ii) A death benefit may not be paid under this paragraph if an
136-employee is killed as a result of the employee’s negligence.
129+ (3) members of the Maryland National Guard serving on orders issued in 19
130+accordance with Title 13 of the Public Safety Article or Title 32 of the United States Code. 20
137131
138- (iii) An individual who receives a death benefit under this paragraph
139-may not also receive a death benefit under paragraph (1) of this subsection.
132+ (c) (1) (i) Except as provided in paragraph (2) of this subsection, a death 21
133+benefit in the amount of [$100,000] $125,000 shall be paid to the surviving spouse, 22
134+children, or dependent parents of any employee subject to this section who is killed in the 23
135+performance of duties on or after July 1, 2000. 24
140136
141- (3) A death benefit under this section shall be in addition to any:
137+ (ii) A death benefit may not be paid under this paragraph if an 25
138+employee is killed as a result of the employee’s negligence. 26
142139
143- (i) workers’ compensation benefits;
144- Ch. 479 2024 LAWS OF MARYLAND
140+ (iii) A death benefit may not be paid under this paragraph if a 27
141+member of the Maryland National Guard who is killed in the performance of duties is 28
142+eligible to receive dependency and indemnity compensation under rules prescribed by the 29
143+United States Department of Veterans Affairs. 30
145144
146-– 4 –
147- (ii) proceeds of any form of life insurance, regardless of who paid the
148-premiums on the insurance;
145+ (2) (i) A death benefit in the amount of $50,000 shall be paid to the 31 4 SENATE BILL 850
149146
150- (iii) benefit provided to a State employee covered by the provisions of
151-§ 1–202 of the Public Safety Article; and
152147
153- (iv) except as provided in paragraph (1)(iii) of this subsection,
154-benefits paid to a member of the Maryland National Guard, the member’s estate, or the
155-member’s beneficiaries or survivors by the United States.
148+surviving spouse, children, or dependent parents of any State employee covered by the 1
149+provisions of § 1–202 of the Public Safety Article who is killed in the performance of duties 2
150+on or after July 1, 2000. 3
156151
157- (4) FOR FISCAL YEAR 2026 AND EACH FISCAL YEAR THEREAFTER ,
158-THE DEATH BENEFITS P ROVIDED UNDER THIS S UBSECTION IN THE PRI OR FISCAL
159-YEAR SHALL BE ADJUST ED BY ANY CHANGE IN THE CALENDAR YEAR PR ECEDING
160-THE FISCAL YEAR IN T HE CONSUMER PRICE INDEX (ALL URBAN
161-CONSUMERS – UNITED STATES CITY AVERAGE – ALL ITEMS), AS PUBLISHED BY THE
162-UNITED STATES BUREAU OF LABOR STATISTICS.
152+ (ii) A death benefit may not be paid under this paragraph if an 4
153+employee is killed as a result of the employee’s negligence. 5
163154
164- (D) (1) REASONABLE FUNERAL EX PENSES, NOT EXCEEDING $25,000,
165-SHALL BE PAID TO THE SURVIVING SPOUSE , CHILD, OR PARENT OR THE ESTATE OF
166-ANY EMPLOYEE SUBJECT TO THIS SECTION WHO IS KILLED OR DIE S IN THE
167-PERFORMANCE OF DUTIE S.
155+ (iii) An individual who receives a death benefit under this paragraph 6
156+may not also receive a death benefit under paragraph (1) of this subsection. 7
168157
169- (2) FOR FISCAL YEAR 2026 AND EACH FISCAL YEAR THEREAFTER ,
170-THE FUNERAL BENEFIT PROVIDED IN THE PRIO R FISCAL YEAR SHALL BE ADJUSTED
171-BY ANY CHANGE IN THE CALENDAR YEAR PRECED ING THE FISCAL YEAR IN THE
172-CONSUMER PRICE INDEX (ALL URBAN CONSUMERS – UNITED STATES CITY
173-AVERAGE – ALL ITEMS), AS PUBLISHED BY THE UNITED STATES BUREAU OF LABOR
174-STATISTICS.
158+ (3) A death benefit under this section shall be in addition to any: 8
175159
176- [(d)] (E) (1) On notification by the head of the unit that employed the
177-decedent, the Secretary shall determine whether a death benefit will be paid under this
178-section.
160+ (i) workers’ compensation benefits; 9
179161
180- (2) If the Secretary determines that a death benefit is payable, payment
181-shall be made:
162+ (ii) proceeds of any form of life insurance, regardless of who paid the 10
163+premiums on the insurance; 11
182164
183- (i) to the surviving spouse;
165+ (iii) benefit provided to a State employee covered by the provisions of 12
166+§ 1–202 of the Public Safety Article; and 13
184167
185- (ii) if there is no surviving spouse, to the surviving children, in equal
186-shares; or
168+ (iv) except as provided in paragraph (1)(iii) of this subsection, 14
169+benefits paid to a member of the Maryland National Guard, the member’s estate, or the 15
170+member’s beneficiaries or survivors by the United States. 16
187171
188- (iii) if there is no surviving spouse or children, to the surviving parent
189-or parents, if the parent was a dependent as defined in § 152 of the Internal Revenue Code.
190- WES MOORE, Governor Ch. 479
172+ (4) FOR FISCAL YEAR 2026 AND EACH FISCAL YEAR THEREAFTER , 17
173+THE DEATH BENEFITS P ROVIDED UNDER THIS S UBSECTION IN THE PRI OR FISCAL 18
174+YEAR SHALL BE ADJUST ED BY ANY CHANGE IN THE CALENDAR YEAR PR ECEDING 19
175+THE FISCAL YEAR IN T HE CONSUMER PRICE INDEX (ALL URBAN 20
176+CONSUMERS – UNITED STATES CITY AVERAGE – ALL ITEMS), AS PUBLISHED BY THE 21
177+UNITED STATES BUREAU OF LABOR STATISTICS. 22
191178
192-– 5 –
193- [(e)] (F) A death benefit under this section shall be paid out of funds which the
194-Governor may appropriate for that purpose in the State budget.
179+ (D) (1) REASONABLE FUNERAL EX PENSES, NOT EXCEEDING $25,000, 23
180+SHALL BE PAID TO THE SURVIVING SPOUSE , CHILD, OR PARENT OR THE ESTATE OF 24
181+ANY EMPLOYEE SUBJECT TO THIS SECTION WHO IS KILLED OR DIE S IN THE 25
182+PERFORMANCE OF DUTIE S. 26
195183
196- [(f)] (G) A decision of the Secretary under this section:
184+ (2) FOR FISCAL YEAR 2026 AND EACH FISCAL YEAR THEREAFTER , 27
185+THE FUNERAL BENEFIT PROVIDED IN THE PRIO R FISCAL YEAR SHALL BE ADJUSTED 28
186+BY ANY CHANGE IN THE CALENDAR YEAR PRECED ING THE FISCAL YEAR IN THE 29
187+CONSUMER PRICE INDEX (ALL URBAN CONSUMERS – UNITED STATES CITY 30
188+AVERAGE – ALL ITEMS), AS PUBLISHED BY THE UNITED STATES BUREAU OF LABOR 31
189+STATISTICS. 32
197190
198- (1) is the final administrative decision; and
191+ [(d)] (E) (1) On notification by the head of the unit that employed the 33
192+decedent, the Secretary shall determine whether a death benefit will be paid under this 34 SENATE BILL 850 5
199193
200- (2) is not subject to appeal under Title 10, Subtitle 2 of the State
201-Government Article.
202194
203- SECTION 2. AND BE IT FURTHER ENACTED, That :
195+section. 1
204196
205- (a) This section applies to an employee of the State who is killed in the
206-performance of duties on or after January 1, 2023.
197+ (2) If the Secretary determines that a death benefit is payable, payment 2
198+shall be made: 3
207199
208- (b) (1) On or before December 31, 2024, the surviving spouse, children, or
209-dependent parent of an individual described in subsection (a) of this section may request
210-the Secretary of Budget and Management to award the surviving spouse, children, or
211-dependent parent, death and funeral benefits under § 10–404 of the State Personnel and
212-Pensions Article, as enacted by Section 1 of this Act.
200+ (i) to the surviving spouse; 4
213201
214- (2) On receipt of a request to receive death and funeral benefits under
215-paragraph (1) of this subsection, when the Secretary of Budget and Management receives
216-proof of death of the individual described under subsection (a) of this section and finds that
217-the death occurred in the manner described in § 10–404 of the State Personnel and Pensions
218-Article, as enacted by Section 1 of this Act, the Secretary shall administer the death and
219-funeral benefits as required under § 10–404 of the State Personnel and Pensions Article,
220-as enacted by Section 1 of this Act.
202+ (ii) if there is no surviving spouse, to the surviving children, in equal 5
203+shares; or 6
221204
222- SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June
223-1, 2024.
205+ (iii) if there is no surviving spouse or children, to the surviving parent 7
206+or parents, if the parent was a dependent as defined in § 152 of the Internal Revenue Code. 8
224207
225-Approved by the Governor, May 9, 2024.
208+ [(e)] (F) A death benefit under this section shall be paid out of funds which the 9
209+Governor may appropriate for that purpose in the State budget. 10
210+
211+ [(f)] (G) A decision of the Secretary under this section: 11
212+
213+ (1) is the final administrative decision; and 12
214+
215+ (2) is not subject to appeal under Title 10, Subtitle 2 of the State 13
216+Government Article. 14
217+
218+ SECTION 2. AND BE IT FURTHER ENACTED, That : 15
219+
220+ (a) This section applies to an employee of the State who is killed in the 16
221+performance of duties on or after January 1, 2023. 17
222+
223+ (b) (1) On or before December 31, 2024, the surviving spouse, children, or 18
224+dependent parent of an individual described in subsection (a) of this section may request 19
225+the Secretary of Budget and Management to award the surviving spouse, children, or 20
226+dependent parent, death and funeral benefits under § 10–404 of the State Personnel and 21
227+Pensions Article, as enacted by Section 1 of this Act. 22
228+
229+ (2) On receipt of a request to receive death and funeral benefits under 23
230+paragraph (1) of this subsection, when the Secretary of Budget and Management receives 24
231+proof of death of the individual described under subsection (a) of this section and finds that 25
232+the death occurred in the manner described in § 10–404 of the State Personnel and Pensions 26
233+Article, as enacted by Section 1 of this Act, the Secretary shall administer the death and 27
234+funeral benefits as required under § 10–404 of the State Personnel and Pensions Article, 28
235+as enacted by Section 1 of this Act. 29
236+
237+ SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 30
238+1, 2024. 31