HARRY HUGHES, Governor

2071

(ii) The incapacity is likely to be permanent;
and

(iii) The member should be retired.

(b)  In no event shall a member receive a disability
allowance for a disability incurred prior to enrollment in the
pension system, except to the extent that such a disability was
aggravated subsequent to the member's enrollment. A member who
transfers from the Employees' Retirement System of the State of
Maryland or the Teachers' Retirement System of the State of
Maryland to the Pension System for Employees of the State of
Maryland shall retain the enrollment date first established in
the retirement system from which the member transferred.

(c)  Any member who applies for disability retirement
within 2 years of having transferred from the Employees'
Retirement System of the State of Maryland or the Teachers'
Retirement System of the State of Maryland to this pension
system, and is found to be disabled, shall receive the benefits
provided under the retirement system from which the member
transferred offset by whatever contributions have been refunded
to the member.

(D) FOR THE PURPOSES OF THIS SUBSECTION (5),
MEMBERSHIP IN THE PENSION SYSTEM FOR EMPLOYEES SHALL CONTINUE FOR
A PERIOD OF 2 YEARS FROM THE TIME PAID EMPLOYMENT IS TERMINATED.

(7) (a) On the application of a member or of the head of
his department, any member who has been totally and permanently
incapacitated for duty as the natural and proximate result of an
accident that occurs while in the actual performance of duty at
some definite time and place, without willful negligence on his
part, shall be retired by the board of trustees, if the medical
board certifies that the member is mentally or physically
incapacitated for the further performance of duty, the incapacity
is likely to be permanent, and the member should be retired. A
beneficiary who is entitled to an accidental disability
retirement allowance may not receive any allowance on account of
ordinary disability.

(b) A member may not receive an accidental disability
allowance for a disability incurred prior to enrollment in the
pension system, except to the extent that a disability was
aggravated subsequent to the member's enrollment. A member who
transfers from the Employees' Retirement System of the State of
Maryland or the Teachers' Retirement System of the State of
Maryland to the Pension System for Employees of the State of
Maryland shall retain the enrollment date first established in
the retirement system from which the member transferred.

(C) FOR THE PURPOSES OF THIS SUBSECTION (7),
MEMBERSHIP IN THE PENSION SYSTEM FOR EMPLOYEES SHALL CONTINUE FOR
A PERIOD OF 2 YEARS FROM THE TIME PAID EMPLOYMENT IS TERMINATED.