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Session Laws, 1969
Volume 692, Page 977   View pdf image
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MARVIN MANDEL, Governor                        977

compensation multiplied by the number of years of his service since
he last became a member; and

(c) If he has a prior service certificate in full force and effect, an
additional pension which shall be equal to [one-seventieth] one-
sixtieth
of his average final compensation multiplied by the number
of years of service certified on his prior service certificate;

(e) (1) Notwithstanding anything in this subtitle to the contrary,
if [at the time of retirement after June 30, 1962,] the retirement
allowance consisting of the annuity resulting from the member's
regular contributions and the pension determined in accordance
with paragraphs (b) and (c) above is less than one [seventieth]
sixtieth of average final compensation for each year of creditable
service, an additional pension equal to the difference between such
allowance shall be payable; except that any member who elects to
discontinue contributions in accordance with the provisions of Sec-
tion 116 (1) (b), the additional pension so provided herein shall be
reduced by the actuarial equivalent of those contributions which he
had not paid, with interest to date of retirement; provided, however,
that if the member who has not attained the age of sixty at the time
of retirement has rendered less than thirty-five years of creditable
service, the additional pension equal to the difference between such
allowance shall be reduced on an actuarial equivalent basis.

(4A).

Upon the application of a member in service, or of his State
or county superintendent of schools, any member who has [been
totally and permanently incapacitated for duty as the natural and

proximate result of an accident occurring while in the actual per-

formance of duty at some definite time and place, without willful

negligence on his part, shall be] had five or more years of creditable

service may be retired by the board of trustees, not less than thirty

and not more than ninety days next following the date of filing such
application, on an ordinary disability retirement allowance,
provided
that the medical board, after a medical examination of such member,
shall certify that such member is
mentally or physically incapacitated
for the further performance of duty, that such incapacity is likely to

be permanent, and that such member should be retired. [No bene-

ficiary entitled to an accidental disability retirement allowance shall
receive any allowance on account of ordinary disability.]

(4B).

Upon retirement for accidental disability a member shall receive
a service retirement allowance if he has attained the age of 60; other-
wise he
shall receive an accidental disability retirement allowance
which shall consist of:

(a) An annuity which shall be the actuarial equivalen