4102

COUNTY LOCAL LAWS

ACCIDENT AND SICKNESS BENEFITS FROM PROGRAMS, EXCLUSIVE
OF FEDERAL SOCIAL SECURITY, TO WHICH THE COUNTY MAKES
CONTRIBUTIONS; AND

(3)    HE WAS MAKING PARTICIPANT'S CONTRIBUTIONS TO
THIS PLAN IMMEDIATELY PRIOR TO HIS DATE OF DISABILITY;
AND

(4)    HE IS NOT ELIGIBLE FOP NON-SERVICE CONNECTED
DISABILITY RETIREMENT; AND

(5)    SUCH DISABILITY IS THE RESULT OF INJURY
COMPENSABLE UNDER THE STATE OF MARYLANDS' WORKMENS'
COMPENSATION LAWS AND CLAIM IS FILED WITH THE WORKMEN'S
COMPENSATION COMMISSION.

SECTION 1-266. DISQUALIFICATION FOR DISABILITY BENEFITS.

(A)    TOTAL AND PERMANENT DISABILITY SHALL EXCLUDE
DISABILITY RESULTING FROM OR CONSISTING OF ADDICTION TO
NARCOTICS, ENGAGING IN A FELONIOUS CRIMINAL ACT FOR WHICH
HE IS FOUND GUILTY, A WILFUL EFFORT ON HIS PART TO BRING
ABOUT THE INJURY OR ILLNESS HIMSELF OR ANY OTHER PERSON,
OR SERVICE IN THE ARMED FORCES OF ANY COUNTRY.

(B)    A PARTICIPANT SHALL 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. NOTWITHSTANDING
ANY PROVISION TO THE CONTRARY, THIS SUBSECTION SHALL NOT
BE APPLICABLE TO ANY PARTICIPANT ONCE HE HAS ATTAINED HIS
NORMAL RETIREMENT DATE.

(C)    A PARTICIPANT SHALL CEASE TO QUALIFY FOR A
SERVICE CONNECTED DISABILITY PENSION IF, PRIOR TO THE
NORMAL RETIREMENT DATE:

(1)    THE PERSONNEL OFFICER DETERMINES ON THE BASIS
OF A MEDICAL EXAMINATION BY A PHYSICIAN OR PHYSICIANS
SELECTED BY HIM THAT THE PARTICIPANT IS NO LONGER TOTALLY
AND PERMANENTLY INCAPACITATED; OR

(2)    THE PARTICIPANT REFUSES TO UNDERGO A MEDICAL
EXAMINATION AT THE REQUEST OF THE PERSONNEL OFFICER,
PROVIDED RE MAY NOT BE REQUIRED TO UNDERGO A MEDICAL
EXAMINATION MORE THAN ONCE A YEAR.

(D)    DISABILITY PENSION BENEFITS PAYABLE TO ANY
PARTICIPANT SHALL AUTOMATICALLY CEASE WHEN THE
PARTICIPANT REACHES SIXTY (60) YEARS OF AGE, AT WHICH
TIME THE PARTICIPANT SHALL BE ENTITLED TO RECEIVE A
NORMAL RETIREMENT PENSION UNDER THE PLAN. THE AMOUNT OF
SUCH PENSION SHALL BE DETERMINED IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 1-267, OF THIS ARTICLE.