1272 LAWS OF MARYLAND. [CH. 728

SECTION 1. Be it enacted by the General Assembly of Mary-
land. That a new section be and it is hereby added to Article
64A of the Annotated Code of Maryland (1939 Edition), title
"Merit System", said new section to be known as Section 5A
and to follow immediately after Section 5 of said Article, and
to read as follows:

5A. Notwithstanding any provision of law to the contrary,
except as herein provided, the Commissioner shall not here-
after prohibit, prevent, disqualify or discriminate against any
person who is physically and mentally qualified from com-
peting, registering for or participating in a competitive or
promotional examination held under the provisions of this
Article or from qualifying for a position in the Classified
Service by reason of his or her age and/or on account of any
physical defect or impairment, providing such physically im-
paired person shall produce a certificate from a competent
medical doctor certifying that the said physically impaired
person is not suffering from any physical defect or impair-
ment which is of such a character that would interfere with the
physically impaired person performing the duties of the posi-
tion which the said physically impaired person is seeking. The
Commissioner shall not be required, however, to certify for
appointment any person who has a minor defect or impairment
or who is above the age ordinarily prescribed for any par-
ticular position unless such person shall, by a written instru-
ment executed in the presence of two subscribing witnesses,
waive any benefit or right to a pension under any State retire-
ment system and/or any disability benefits during or on
. account of such employment. Any such rule, requirement,
resolution or regulation made by the Commissioner shall be
void.

Nothing herein contained, however, shall prevent the Com-
missioner from adopting reasonable minimum and/or maxi-
mum age requirements for positions such as policeman, fire-
man, prison guard, or other positions which require extraordi-
nary physical effort, except where age limits for such posi-
tions are already prescribed by law.

SEC. 2. And be it farther enacted, That all laws or parts
. -of laws inconsistent with the provisions of this Act be and
they are hereby repealed to the extent of such inconsistency.

SEC. 3. And be it further enacted That this Act shall take
effect June 1st, 1941.

Approved May 29, 1941.