1796 LAWS OF MARYLAND. [CH. 1023

Maryland (1943 Supplement), title "Merit System", re-
lating to physically impaired persons.

SECTION 1. Be it enacted 'by the General Assembly of Mary-
land, That Section 5A of Article 64A of the Code of Public
General Laws of Maryland (1943 Supplement), title "Merit
System", be and it is hereby repealed and re-enacted, with
amendments, 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
position which the said physically impaired person is seek-
ing. 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 particular position unless such person shall, by a
written instrument executed in the presence of two subscrib-
ing witnesses, waive any benefit or right to a pension under
any State retirement system and/or any disability benefits
during or on account of such employment. Any such rule,
requirement, resolution or regulation made by the Commis-
sioner shall be void.

Whenever the Commissioner shall have certified to the ap-
pointing authority a list of eligibles in conformity with the
provisions of Section 9 of this Article and such list shall con-
tain the name of a physically impaired person, such physi-
cally impaired person shall not be rejected by the said ap-
pointing authority because of said physical impairment alone,
provided said physically handicapped person is qualified to
perform the duties of the position involved.

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