STATE OF MARYLAND DEATH BENEFIT PROGRAM
FOR VETERANS KILLED IN IRAQ AND AFGHANISTAN

 

The Maryland Department of Public Safety and Correctional Services (DPSCS) is now accepting applications for state death benefits for military personnel (residents of Maryland) killed in Iraq and Afghanistan. The application guidelines are attached. DPSCS is administering the program as the benefits are provided by the same program that covers law enforcement, public safety, fire and EMS personnel killed in the line of duty.

STATE OF MARYLAND DEATH BENEFIT PROGRAM
Effective July 1, 1998   Retroactive to September 1, 1995
Amended June 25, 2007 

I. BENEFIT 
The Secretary of Public Safety and Correctional Services may determine that a lump sum death benefit of one hundred twenty-five thousand dollars ($125,000) effective January 1, 2006, shall be paid to the spouse, children, dependent parents or to the estate of any of the officers listed in I.D. of the State or any political subdivision thereof, and military service members who is killed or who dies in the performance of official duties.  The death benefit was $50,000 until January 1, 2006.

For Fiscal Year 1999 through Fiscal Year 2006, the death benefit provided in the prior fiscal year shall be adjusted by the change for the calendar year preceding the fiscal year in the consumer price index (all urban customers Â? United States City average Â? all items) as published by the United States Bureau of Labor Statistics.

For Fiscal Year 2009 and for each following fiscal year, the death benefit provided in the prior fiscal year shall be adjusted by the change for the calendar year preceding the fiscal year in the consumer price index (all urban customers Â? United States City average Â? all items) as published by the United States Bureau of Labor Statistics.

On June 1, 2006, the law was amended to include a Maryland resident who was a member of the uniformed services of the United Statesserving in the Afghanistan or Iraq conflict when killed or died as a result of injuries sustained in combat.

Reasonable funeral expenses, not to exceed $10,000, shall be paid to the surviving spouse; children; to the surviving parent or parents; or to the estate of any of the following officers of the State or any political subdivision thereof, who are killed or who die in the performance of official duties, the total sum will be reduced by the amount of the WorkersÂ? Compensation funeral benefit.  The current law does not include a funeral expense provision for military service members.

Eligible Individuals

Any law enforcement officer as defined in the Annotated Code of Maryland, Public Safety Article §3-101
Any sheriff or deputy sheriff
Any correctional officer
Any volunteer or career fire fighter or rescue squad member
Any sworn member of the State Fire Marshal's Office
Military service member as specified in the Annotated Code of Maryland, Public  Safety Article §1-202

II.  LEGAL AUTHORITY

The State Law Enforcement OfficerÂ?s Death Benefit Program is authorized by and contained in the Annotated Code of Maryland, Public Safety Article §1-202.  Procedures for administering the benefit are contained in COMAR 12.11.06.

Funeral expenses are authorized by and contained in the Annotated Code of Maryland, Public Safety Article §1-202.

III.   BENEFICIARY

A.  Death Benefit payment shall be made in the following priority:

1.  To the surviving spouse.

2.  If there is no surviving spouse, to the surviving child or children of the decedent in equal shares.

3.  If there is no surviving spouse, child or children, to surviving dependent parent(s) of the decedent.  Dependent status shall be as defined in Section 152 of the Internal Revenue Code of the United States.

4.  If there is no surviving spouse, children, or dependent parents, to the estate of the decedent.

B. Funeral expenses shall be paid in the following priority:

1.  To the surviving spouse.

2.   If there is no surviving spouse, to the surviving child or children of the decedent.

3.   If there is no surviving spouse, child or children, to the surviving parent or parents.

4.   If there is no surviving spouse, children or parents, to the estate of the decedent.

5.   Currently, funeral expenses are not authorized for military service members.

IV.  APPLICATION FOR BENEFITS

The beneficiary, or an individual or agency applying on behalf of the beneficiary, must submit a letter of application to:

John Flynn, Executive Director, Human Resources
Department of Public Safety and Correctional Services
Suite309
6776 Reisterstown Road
Baltimore, MD  21215-2341

The Death Benefit Claim and the request for funeral expenses shall be submitted as one complete package to the above address.

V.   DOCUMENTATION

For Law Enforcement Officers:

A.   The applicant must submit the following documents along with the letter of application for the Death Benefit:

1.    A copy of the death certificate.

2.    Investigative report of incident relative to the death.

3.    Statement from the appropriate agency that the employee was killed or died in the performance of their duty.

4.    Name, address and social security number of beneficiary.
          a.  Copy of marriage certificate, if beneficiary is the surviving spouse.
          b.  Copy of birth certificate(s), if beneficiary is surviving child or children.
          c.  Documentation to verify dependency for the Death Benefit, if beneficiary is surviving dependent parent(s).  (Copy of most recent Federal Income Tax Form filed by decedent, showing dependency of parent(s), or other documentation to show that parent(s) received more than half their support from the decedent.)
          d.  If there is no surviving spouse, children or dependent parents, documentation to verify that an estate has been opened and to verify who is the personal representative of the estate.

5.         Copy of autopsy report, if available.

6.         Additional information may be required due to any unusual or exceptional  circumstances or to establish a causal connection between the decedent's job functions and death.

B.         The applicant must submit the following documentation for processing payment of funeral expenses:

1.         All bills which relate to the total cost of personal funeral expenses:
          a.  Bills shall be attached and listed in chronological order;
          b.  Summary sheet? totaling all bills including a sum total of same.

VI.     DOCUMENTATION FOR MILITARY SERVICE MEMBERS ONLY

A.     The applicant must submit the following documents along with the letter of application for the Death Benefit.
1.      A copy of the death certificate and report of casualty that provides evidence that the service member was killed in action while serving in Iraq or its contiguous waters or air space, or Afghanistan or its contiguous air space. If      the service member is not killed in action but dies from injuries, a statement from the Department of Defense that the service member's death was a direct result of injuries sustained while in combat in Iraq or Afghanistan.

2.      Name, address and social security number of beneficiary, plus as appropriate:

          a. Copy of marriage certificate, if beneficiary is the surviving spouse.
          b. Copy of birth certificate(s), if beneficiary is surviving child or children. 
          c. Documentation to verify dependency for the Death Benefit, if beneficiary is surviving dependent parent(s). (Copy of most recent Federal Income Tax Form filed by decedent, showing dependency of parent(s), or other documentation to show that parent(s) received more than half their support from the decedent.)
             d.    If there is no surviving spouse, children or dependent parents, documentation to verify that an estate has been opened and to verify who is the personal representative of the estate.

3.      Legal Maryland State Resident

             a. A veteran's legal residence within the State, for the purpose of  establishing eligibility for state benefits, shall be established by reasonable and substantial evidence.  That evidence may include:
                                             
                (1)        An up-to-date voter's registration card, in the name of the veteran;
                (2)        A certified copy of a Maryland income tax report form, filed by the veteran immediately preceding his or her date of death; or
                (3)        A certified copy of a notice of tax assessment or tax bill on property located within the State, addressed to the veteran and dated within one year of his or her death.

4.    Additional information may be required due to any unusual or exceptional circumstances or to establish a causal connection between the decedent's job functions and death.

VII.  BENEFIT AWARD

The Secretary of Public Safety and Correctional Services, after weighing all factors of the application, will determine whether to award or not award the benefit.

VIII. RIGHT OF APPEAL

Any person aggrieved by a final decision of the Secretary may apply for judicial review.  The appeal shall be made as provided for in Title 10, Subtitle 2 of the State Government Article of the Annotated Code of Maryland. 

IX.    PAYMENT

The payment provided for in this program shall be made from funds that the Governor may provide for that purpose in the State budget.  An approved benefit payment will be made by check issued by the State Comptroller. 

X.     INFORMATION

Additional information regarding the Death Benefit Program may be obtained from the Human Resources Services Division, Department of Public Safety and Correctional Services at (410) 585-3408.