WILLIAM DONALD SCHAEFER, Governor

Ch. 222

(iii) If the ordinary disability retiree's earning capacity is later changed,
the amount of the retiree's pension may be further modified, provided that the new
pension may not exceed the amount of the pension originally granted.

(iv) The EXCEPT AS PROVIDED IN SUBPARAGRAPH (VI) OF THIS
PARAGRAPH, THE amount of the pension reduction required under subparagraph (ii) of
this paragraph and allowed under subparagraph (iii) of this paragraph shall be one dollar
for every two dollars by which the retiree's current compensation exceeds the limitation
provided under this paragraph.

(v) The pension reduction required under subparagraph (ii) of this
paragraph and allowed under subparagraph (iii) of this paragraph does not apply to [an]:

1. AN accidental disability retiree; OR RETIREE.

2. A RETIREE WHO HAS BEEN RECEIVING AN ORDINARY
DISABILITY RETIREMENT ALLOWANCE FOR AT LEAST 10 YEARS.

(VI) FOR A RETIREE WHO HAS BEEN RECEIVING AN ORDINARY
DISABILITY RETIREMENT ALLOWANCE FOR AT LEAST 10 YEARS, THE AMOUNT OF
THE PENSION REDUCTION REQUIRED UNDER SUBPARAGRAPH (II) OF THIS
PARAGRAPH AND ALLOWED UNDER SUBPARAGRAPH (III) OF THIS PARAGRAPH
SHALL BE ONE DOLLAR FOR EVERY FIVE DOLLARS BY WHICH THE RETIREE'S
CURRENT COMPENSATION EXCEEDS THE LIMITATION PROVIDED UNDER THIS
PARAGRAPH.

(2) A retiree restored to active service at a salary less than the average final
compensation upon the basis of which the retiree was retired shall not become a member
of the retirement system until the retiree's salary is at least equal to such average final
compensation.

3-404.

(f) (1) In this subsection, "retirement allowance" means the allowance payable
without optional modification provided in § 3-407 of this subtitle.

(2)     If the medical board reports and certifies to the. Board of Trustees that
any ordinary disability retiree under the age of 60 is engaged in or is able to engage in a
gainful occupation paying more than the difference between the retiree's retirement
allowance at the time of retirement and the retiree's average final compensation plus
$5,000, and if the Board of Trustees concurs in the report, then the amount of the
retiree's pension shall be reduced.

(3)     If the ordinary disability retiree's earning capacity is later changed, the
amount of the retiree's pension may be further modified, provided that the new pension
may not exceed the amount of the pension originally granted.

(4)     The EXCEPT AS PROVIDED IN PARAGRAPH (6) OF THIS SUBSECTION,
THE amount of the pension reduction required under paragraph (2) of this subsection
and allowed under paragraph (3) of this subsection shall be one dollar for every two
dollars by which the retiree's current compensation exceeds the limitation provided under
this subsection.

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