Md. Code Regs. 12.11.06.06

Current through Register Vol. 51, No. 25, December 13, 2024

Section 12.11.06.06 - Applying for Death Benefit

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

Md. Code Regs. 12.11.06.06

Regulations .06 amended and recodified from Regulation .03 effective 42:7 Md. R. 571, eff.4/13/2015