Anne Arundel County                             2463

part, and is unable to engage in his regular occupation as an employee
or to be employed by the County in some other position for which he
is suited by, or which is appropriate to, his training and experience.

(2)   he has exhausted all sick leave and any accident and sickness
benefits from programs exclusive of federal Social Security, to which
the County makes contributions.

(3)   he was making participant's contributions to this plan immedi-
ately prior to his date of disability.

(4)   he is not eligible for non-service connected disability retirement.

(5)   such disability is the result of injury compensable under the
State of Maryland's Workmen's Compensation Laws and claim is filed
with the Workmen's Compensation Commission.

(c)   Total and permanent disability shall exclude disability resulting
from or consisting of chronic alcoholism, addiction to narcotics, engaging
in a felonious criminal act for which he is found guilty, a willful effort
on his part to bring about the injury or illness to himself or any other
person, or service in the armed forces of any country.

(d)   A participant will cease to qualify for a non-service connected
disability pension if he is no longer eligible for disability benefits under
the provisions of the Social Security Act, or if he refuses to submit
a report of his total earnings when requested by the County in accordance
with subsection (f) below. Notwithstanding anything to the contrary,
this subsection shall not be applicable to any participant once he has
attained normal retirement age.

(e)   (1) A participant will cease to qualify for a service connected
disability pension if:

(1)   The Personnel Officer determines on the basis of a medical ex-
amination by a physician or physicians selected by the Personnel Officer
that he is no longer totally and permanently incapacitated for duty or
has sufficiently recovered but refuses to resume his regular occupation as
an employee or to be re-employed by the County in some other position
for which he is suited by, or which is appropriate to, his training and
experience, or

(ii) he refuses to undergo a medical examination requested by the
Personnel Officer, provided he may not be required to undergo a medical
examination more often than once a year, or

(iii) he refuses to submit a report of his total earnings when requested
by the Personnel Officer in accordance with subsection (f) below.

(2)   This subsection shall not be applicable to any participant once
he has attained normal retirement age.

(f)    If a participant who is found to be totally and permanently
disabled subsequently engages in an occupation or employment for remun-
eration or profit, other than for purposes of rehabilitation as approved
by the Personnel Officer, such an occupation or employment shall be con-
sidered as gainful employment. In order for any disability pension to
be paid under this plan when the participant is engaged in gainful em-
ployment, the participant will be required to report his total earnings
from such gainful employment received during the preceding calendar
year and provide the Personnel Officer with documents satisfactory to the
Personnel Officer that will substantiate the earnings being reported. These