2683

ANNE ARUNDEL COUNTY

14-303, by sixty-six and two-thirds percent if he had
elected a seventy percent continuation thereunder, or
by fifty percent if he had elected an eighty percent
continuation thereunder].

SECTION 2. AND BE IT FURTHER ENACTED, That
Section 13-303 (e) of the Anne Arundel Code (1967
Edition and Supplements), Title 14, "Police," Subtitle
3, "Police and Fire Service Retirement," be and it is
hereby repealed, and new Section 14-303(e) be, and it
is hereby enacted in lieu thereof, to stand in the
place of the section repealed, and to read as follows:

Section 14-303

(E) AMOUNT OF DISABILITY PENSION. THE ANNUAL
AMOUNT OF DISABILITY PENSION PAYABLE TO EACH ELIGIBLE
PARTICIPANT SHALL BE DETERMINED AS FOLLOWS:

(1) IF THE PARTICIPANT IS DEEMED TO BE
TOTALLY AND PERMANENTLY DISABLED IN ACCORDANCE WITH
THE PROVISIONS OF SUBSECTIONS (A) AND (B) OF THIS
SECTION, AND SUCH DISABILITY IS THE RESULT OF BODILY
INJURY OR DISEASE ARISING OUT OF AND DIRECTLY RELATED
TO AN ON-DOTY CAUSE, THE ANNUAL AMOUNT OF THE
PARTICIPANT'S DISABILITY PENSION SHALL BE EQUAL TO
SIXTY-SIX AND TWO-THIRDS PERCENT (66 2/3%) OF HIS
FINAL EARNINGS, LESS THAT PORTION OF THE ANNUAL AMOUNT
OF EARNINGS RECEIVED FROM GAINFUL EMPLOYMENT IN THE
PRECEDING CALENDAR YEAR WHICH, WHEN ADDED TO THE
AMOUNT OF DISABILITY PENSION, IS IN EXCESS OF ONE
HUNDRED PERCENT (100%) OF THE PARTICIPANT'S BASIC RATE
OF EARNINGS IN EFFECT AS OF HIS DATE OF DISABILITY.
HOWEVER, IN NO INSTANCE SHALL THE AMOUNT OF PENSION BE
REDUCED BELOW THE AMOUNT OF ACCRUED PENSION CREDITED
TO THE PARTICIPANT ON THE DATE DISABILITY PENSION
PAYMENTS COMMENCE.

(2) IF THE PARTICIPANT IS DEEMED TO BE TOTALLY
AND PERMANENTLY DISABLED SOLELY BECAUSE HE IS
PREVENTED FROM ENGAGING IN ANY OCCUPATION OR
EMPLOYMENT FOR REMUNERATION OR PROFIT IN ACCORDANCE
WITH THE PROVISIONS OF SUBSECTION (A)(1) OF THIS
SECTION, THE ANNUAL AMOUNT OF THE PARTICIPANT'S
DISABILITY PENSION SHALL BE EQUAL TO SIXTY-SIX AND
TWO-THIRDS PERCENT (66 2/3%) OF HIS FINAL EARNINGS,
LESS THAT PORTION OF THE ANNUAL AMOUNT OF EARNINGS
RECEIVED FROM GAINFUL EMPLOYMENT IN THE PRECEDING
CALENDAR YEAR WHICH WHEN ADDED TO THE AMOUNT OF
DISABILITY PENSION, IS IN EXCESS OF ONE HUNDRED