WILLIAM DONALD SCHAEFER, Governor Ch. 657
PROVIDED IN SUBSECTION (12)(A) OF THIS SECTION.

(II) IF THE MEDICAL BOARD REPORTS AND CERTIFIES TO
THE BOARD OF TRUSTEES THAT ANY ORDINARY DISABILITY BENEFICIARY
UNDER THE AGE OF 62 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.

(III) 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 (III) 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
SUBPARAGRAPH (U) OF THIS PARAGRAPH AND ALLOWED UNDER
SUBPARAGRAPH (III) OF THIS PARAGRAPH DOES NOT APPLY TO AN
ACCIDENTAL DISABILITY BENEFICIARY.

(c) A BENEFICIARY RESTORED TO ACTIVE SERVICE AT A SALARY
LESS THAN THE AVERAGE FINAL COMPENSATION UPON THE BASIS OF
WHICH THE BENEFICIARY WAS RETIRED MAY NOT BECOME A MEMBER OF
THE RETIREMENT SYSTEM UNTIL THE BENEFICIARY'S SALARY IS AT LEAST
EQUAL TO THAT AVERAGE FINAL COMPENSATION.

(D) If a disability beneficiary under the age of 62 is restored to active service
and if his annual compensation then or at any time before he becomes 62 years old is equal
to or greater than his average final compensation at retirement, his allowance shall cease, he
shall become a member of this pension system again. Notwithstanding any other provision of
this subtitle, all eligibility and creditable service previously earned shall be restored and, in
addition, on his subsequent retirement, he shall be credited with all the service as a member
creditable to him at the time of retirement; but if he is restored to membership after he
becomes 50 years old, his pension, on subsequent retirement, may not exceed the pension
that he was receiving immediately before his last restoration to membership and the pension
that may have accrued to him as a new member on account of service since his last
restoration to membership, if the total pension on his subsequent retirement does not exceed
the rate percent he would have received had he remained in service during the period of his
prior retirement.

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