WILLIAM DONALD SCHAEFER, Governor

SUBPARAGRAPH (II) 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 he was retired shall not become a member
of the retirement system until his salary is at least equal to such average final
compensation.

[(v) The amount of the pension reduction required under
subparagraph (ii) and allowed under subparagraph (iii) of this paragraph shall be one
dollar for every two dollars by which his current compensation exceeds the limitation
provided under this paragraph.]

(c) (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 in 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. However, if he is restored to membership after he is 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, provided that 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.

145.

(9) (b) [If the medical board reports and certifies to the board of trustees that
any disability beneficiary is engaged in or is able to engage in a gainful occupation that
pays more than the difference between his retirement allowance and his average final
compensation plus $3,000, and if the board of trustees concurs in the 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 be equal to the amount of his average final
compensation plus $3,000. If his earning capacity changes later, the amount of his
pension may be further modified, except that the new pension may not exceed the
amount of the pension originally granted nor an amount that, when added to the
amount earnable by the beneficiary together with his annuity, equals the amount of his
average final compensation plus $3,000. A beneficiary restored to active service at a
salary less than the average final compensation on the basis of which he was retired may
not become a member of the retirement system until his salary is at least equal to the
average final compensation. In this paragraph, "retirement allowance" means the
allowance payable without optional modification as provided in subsection (12)(a) of
this section. 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.]

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