Marvin Mandel, Governor                        1045

(a) Should the medical board report and certify to the board of
trustees that such disability beneficiary is engaged in or is able to
engage in a gainful occupation paying more than the difference
between his retirement allowance and his average final compensation,
and should the board of trustees concur in such 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 equal the
amount of his average final compensation. Should his earning
capacity be later changed, the amount of his pension may be further
modified; provided, that the new pension shall not exceed the amount
of the pension originally granted nor an amount, which, when added
to the amount earnable by the beneficiary together with his annuity,
equals the amount of his average final compensation. 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. The allowed earnings of a dis-
ability pensioner shall be determined by the difference between his
retirement allowance at the time of his retirement and his average
final compensation.

Article 88B.
53.

(7) (b) Should the medical board report and certify to the board
of trustees that any disability beneficiary is engaged in or is able to
engage in a gainful occupation paying more than the difference
between his retirement allowance and his average final compensation
and should the board of trustees concur in such 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 equal the
amount of his average final compensation. Should his earning
capacity be later changed, the amount of his pension may be further
modified, provided that the new pension shall not exceed the amount
of the pension originally granted nor an amount which, when added
to the amount earnable by the beneficiary together with his annuity,
equals the amount of his average final compensation. 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. For the purposes of this para-
graph, "retirement allowance" shall mean the allowance payable
without optional modification as hereinafter provided in subsection
(11) of this section. The allowed earnings of a disability pensioner
shall be determined by the difference between his retirement allow-
ance at the time of his retirement and his average final compensation.

Sec. 2. And be it further enacted, That this Act shall take effect
July 1, 1970.

Approved April 28, 1970

CHAPTER 459
(House Bill 48)

AN ACT to repeal and re-enact, with amendments, Section 49(i) of
Article 26 of the Annotated Code of Maryland (1966 Replacement