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DEPENDENT CLAIM FOR DEATH BENEFITS - Counties & Incorporated Municipalities

Effective October 1, 2011, House Bill 417 (2011 legislative session) changes benefits provisions when a claim for death benefits is filed with the Workers’ Compensation Commission.

Certain public safety employees subject to the statutory presumption set forth in § 9-503 are exempt from the death benefits provisions of Labor and Employment Article, §§ 9-683.1 through 9-683.5, Annotated Code of Maryland.  A county or municipal corporation may elect for the death benefits provisions of Labor and Employment Article, §§ 9-683.1 through 9-683.5, Annotated Code of Maryland, to apply to its public safety employees subject to the statutory presumption set forth in § 9-503. A county or municipal corporation may make this election by: (a) Completing an online form, available at the Commission's website; and (b) Attaching a copy of the county or municipal corporation's ordinance or resolution making the election.

As a county or incorporated municipality, you may elect to have the provisions of the new law, specifically LE §§ 9-683.1 through §§ 9-683.5, apply to your public safety presumption employees.

If you do not have the Employer Number that was provided by the Commission in the formal mailing, please send an email to Opt_In_Info@wcc.state.md.us.  Please use the preceding email link or type “Employer Number” in the subject line; we will provide the employer number by email response.   You will need this number to access the online form and complete the process of electing to include all of your covered employees under the provisions of the new law.  Please also reference this number on all correspondence with the Commission regarding your opt-in election.

After entering the Employer Number in the indicated field, the online form will be generated.  The form requires the name of the entity filing the election and the official notice address for that entity, along with the Federal Employer Identification Number or FEIN. 

Also include the contact information for the person who is to receive the Notice of Acknowledgement from the Workers’ Compensation Commission. 

Be sure to insert the date of the resolution or ordinance and use the “Add Attachment Button” to attach the electronic (file) version of the resolution or ordinance to the online submission. 

By submitting the form, you are certifying under penalty of perjury that you are an authorized representative of the county or municipality and that the document attached to the online form is a true and correct copy of the ordinance or resolution adopted by the named county or municipality.

Be sure to enter your email address on the form.  After submission, the contact person will receive an email confirmation to this address acknowledging receipt of the form.  THIS IS NOT THE NOTICE OF ACKNOWLEDGEMENT OF THE ELECTION.

A NOTICE OF ACKNOWLEDGEMENT will be mailed to the contact person at the official notice address for that entity entered on the form when the Commission has reviewed the form and verified the information for accuracy and completeness.  The date of the Notice of Acknowledgement will be the effective date of the election to “opt-in” to the provisions of the new law for ALL county and municipal covered employees.