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Session Laws, 1990 Session
Volume 436, Page 3106   View pdf image (33K)
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VETOES
(I) IN THIS PARAGRAPH, "RETIREMENT ALLOWANCE"

AS PROVIDED IN SUBSECTION (12)(A) OF THIS SECTION.

(ID IF THE MEDICAL BOARD REPORTS AND CERTIFIES TO
THE BOARD OF TRUSTEES THAT ANY ORDINARY DISABILITY
BEiNEFlCIARY 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 S5,000, 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 MAY BE 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 B£
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 (11) 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

- 3106 -


 

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Session Laws, 1990 Session
Volume 436, Page 3106   View pdf image (33K)
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