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Session Laws, 1990 Session
Volume 436, Page 2792   View pdf image (33K)
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Ch. 657 LAWS OF MARYLAND

other place mutually agreed upon, by a physician or physicians designated by the board of
trustees. Should any disability beneficiary who has not yet attained the age of 60 refuse to
submit to at least one medical examination in any such year by a physician or physicians
designated by the board of trustees, his allowance may be discontinued until his withdrawal
of such refusal, and should his refusal continue for one year, all his rights in and to his
pension may be revoked by the board of trustees.

[(a) Should the medical board report and certify to the board of trustees that
such disability beneficiary is engaged in or is able to engage in a gainful occupation paying
more than the difference between his retirement allowance and his average final
compensation plus $3,000, and should the board of trustees concur in such report then the
amount of his pension shall be reduced to an amount which together with his annuity and
the amount earnable by him, shall equal the amount of his average final compensation plus
$3,000. Should his earning capacity be later changed, the amount of his pension may be
further modified; provided, that the new pension shall not exceed the amount of the pension
originally granted nor an amount, which, when added to the amount earnable by the
beneficiary together with his annuity, equals ihe amount of his average final compensation
plus $3,000. A beneficiary restored to active service at a salary less than the average final
compensation upon the basis of which he was retired shall not become a member of the
retirement system. The allowed earnings of a disability pensioner shall be determined by the
difference between his retirement allowance at the time of his retirement and his average
final compensation.]

(b) (1) IN THIS PARAGRAPH, "RETIREMENT ALLOWANCE"
MEANS THE ALLOWANCE PAYABLE WITHOUT OPTIONAL MODIFICATION
PROVIDED IN SUBSECTION (8) OF THIS SECTION.

IF THE MEDICAL BOARD REPORTS AND CERTIFIES TO

THE BOARD OF TRUSTEES THAT ANY ORDINARY DISABILITY BENEFICIARY
UNDER THE AGE OF 60 IS ENGAGED IN OR IS ABLE TO ENGAGE IN A
GAINFUL OCCUPATION PAYING MORE THAN THE DIFFERENCE BETWEEN
THE BENEFICIARY'S RETIREMENT ALLOWANCE AT THE TIME OF
RETIREMENT AND THE BENEFICIARY'S AVERAGE FINAL COMPENSATION
PLUS $5,000, AND IF THE BOARD OF TRUSTEES CONCURS IN THE REPORT,
THEN THE AMOUNT OF THE BENEFICIARY'S PENSION SHALL BE REDUCED.

(Ill) IF THE ORDINARY DISABILITY BENEFICIARY'S EARNING
CAPACITY IS LATER CHANGED, THE AMOUNT OF THE BENEFICIARY'S
PENSION MAYBE FURTHER MODIFIED, PROVIDED THAT THE NEW PENSION
MAY NOT EXCEED THE AMOUNT OF THE PENSION ORIGINALLY GRANTED.

(IV} THE AMOUNT OF THE PENSION REDUCTION REQUIRED
UNDER SUBPARAGRAPH (II) OF THIS PARAGRAPH AND ALLOWED UNDER
SUBPARAGRAPH (HI) OF THIS PARAGRAPH SHALL BE ONE DOLLAR FOR
EVERY TWO DOLLARS BY WHICH THE BENEFICIARY'S CURRENT
COMPENSATION EXCEEDS THE LIMITATION PROVIDED UNDER THIS
PARAGRAPH.

(V) THE PENSION REDUCTION REQUIRED UNDER
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Session Laws, 1990 Session
Volume 436, Page 2792   View pdf image (33K)
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