WES MOORE, Governor Ch. 479
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Chapter 479
(Senate Bill 850)
AN ACT concerning
State Personnel – Line–of–Duty Death and Funeral Benefits
FOR the purpose of increasing the maximum amount of funeral expenses that may be
provided for a line–of–duty death of certain public safety officers and indexing the
benefit to inflation; repealing an offset against certain funeral expenses for the
line–of–duty death of certain public safety officers; increasing the maximum amount
of line–of–duty death benefits for State employees and indexing the benefit to
inflation; providing a funeral expense benefit for a line–of–duty death for State
employees and indexing the benefit to inflation; providing for the retroactive
application of this Act for certain deaths occurring before the effective date of this
Act; and generally relating to line–of–duty death and funeral benefits for State
employees.
BY repealing and reenacting, with amendments,
Article – Public Safety
Section 1–202(d)
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, without amendments,
Article – State Personnel and Pensions
Section 10–401
Annotated Code of Maryland
(2015 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – State Personnel and Pensions
Section 10–404
Annotated Code of Maryland
(2015 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Public Safety
1–202.
(d) (1) Except as provided in subsection (j) of this section, reasonable funeral
expenses, not exceeding [$10,000] $25,000, shall be paid to the surviving spouse, child,
parent, or estate of each of the following individuals who is killed or dies in the performance Ch. 479 2024 LAWS OF MARYLAND
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of duties:
(i) a law enforcement officer;
(ii) a correctional officer;
(iii) a volunteer or career firefighter or rescue squad member;
(iv) a public safety aviation employee;
(v) a sworn member of the office of State Fire Marshal; or
(vi) a hazardous material response team employee.
(2) [The funeral benefit under this subsection shall be reduced by the
amount of any related workers’ compensation benefits paid under § 9–689 of the Labor and
Employment Article] FOR FISCAL YEAR 2026 AND EACH FISCAL YEAR THEREAFTER ,
THE FUNERAL BENEFIT PROVIDED IN THE PRIO R FISCAL YEAR SHALL BE ADJUSTED
BY ANY CHANGE IN THE CALENDAR YEAR PRECED ING 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.
Article – State Personnel and Pensions
10–401.
(a) Except as provided in subsection (b) of this section and § 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 § 10–404 of this subtitle, this subtitle does not apply to
a unit with an independent personnel system.
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. WES MOORE, Governor Ch. 479
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(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 [$100,000] $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 § 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;
Ch. 479 2024 LAWS OF MARYLAND
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(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
§ 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 P ROVIDED UNDER THIS S UBSECTION IN THE PRI OR FISCAL
YEAR SHALL BE ADJUST ED BY ANY CHANGE IN THE CALENDAR YEAR PR ECEDING
THE FISCAL YEAR IN T HE 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 EX PENSES, 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 DIE S IN THE
PERFORMANCE OF DUTIE S.
(2) FOR FISCAL YEAR 2026 AND EACH FISCAL YEAR THEREAFTER ,
THE FUNERAL BENEFIT PROVIDED IN THE PRIO R FISCAL YEAR SHALL BE ADJUSTED
BY ANY CHANGE IN THE CALENDAR YEAR PRECED ING 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)] (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 § 152 of the Internal Revenue Code.
WES MOORE, Governor Ch. 479
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[(e)] (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.
[(f)] (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.
SECTION 2. AND BE IT FURTHER ENACTED, That :
(a) This section applies to an employee of the State who is killed in the
performance of duties on or after January 1, 2023.
(b) (1) On or before December 31, 2024, the surviving spouse, children, or
dependent parent of an individual described in subsection (a) of this section may request
the Secretary of Budget and Management to award the surviving spouse, children, or
dependent parent, death and funeral benefits under § 10–404 of the State Personnel and
Pensions Article, as enacted by Section 1 of this Act.
(2) On receipt of a request to receive death and funeral benefits under
paragraph (1) of this subsection, when the Secretary of Budget and Management receives
proof of death of the individual described under subsection (a) of this section and finds that
the death occurred in the manner described in § 10–404 of the State Personnel and Pensions
Article, as enacted by Section 1 of this Act, the Secretary shall administer the death and
funeral benefits as required under § 10–404 of the State Personnel and Pensions Article,
as enacted by Section 1 of this Act.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June
1, 2024.
Approved by the Governor, May 9, 2024.