Ch. 657 LAWS OF MARYLAND

Article 88B - State Police

53.

(g) (1) Once each year, the board of trustees may, and upon [his] THE
BENEFICIARY'S application shall, require any disability beneficiary who has not yet
attained the age of 50 to undergo a medical examination, the examination to be made at the
place of residence of the beneficiary or other place mutually agreed upon, by the medical
board. If any disability beneficiary who has not yet attained the age of 50 refuses to submit
to the medical examination, [his or her] THE BENEFICIARY'S allowance may be
discontinued until withdrawal of the refusal, and should the refusal continue for one year,
all the rights in and to the pension may be revoked by the board of trustees.

(2) (i) In this paragraph, "retirement allowance" means the allowance
payable without optional modification as provided in subsection (m) 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 50 is engaged in or
is able to engage in a gainful occupation paying more than the difference between [his
or her] THE BENEFICIARY'S retirement allowance at the time of [his or her] THE
BENEFICIARY'S retirement and [his or her] THE BENEFICIARY'S average final
compensation plus S3,000 55,000, and if the board of trustees concurs in the report,
then the amount of the pension shall be reduced.

(iii) If the ORDINARY DISABILITY beneficiary's earning capacity is
later changed, the amount of [his or her] THE BENEFICIARY'S pension may be
further modified, provided that the new pension may not exceed the amount of the
pension originally granted.

(iv) A beneficiary restored to active service at a salary less than the
average final compensation upon the basis of which [he or she] THE BENEFICIARY
was retired shall not become a member of the retirement system until [his or her] THE
BENEFICIARY'S salary is at least equal to such average final compensation.

(v) 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 [his or her] THE
BENEFICIARY'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 A SPECIAL
DISABILITY BENEFICIARY.

(3) 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.

- 2798 -