5499
MONTGOMERY COUNTY

membership coverage under the Employees' Retirement
System of Montgomery County and shall pay or cause to be
paid the amount of money determined necessary on the
basis of an actuarial study. There shall be no County
contribution for purchase of this service. The member
must elect, within thirty days of the fifth anniversary
date of membership to purchase all or part of the
credited service for a period of prior qualified service
under one of the listed retirement systems, or on or
before October 1, 1974 for current members. If the Chief
Administrative officer approves the payment of money due
on an extended payment basis, interest of six and
one—half percent per annum shall be charged. There shall
be no crediting of service for any period under a
qualified retirement system for which the member is
receiving retirement pay or has vested rights.

SECTION IV. Sections 43 (b) , title "Non-service
connected disability retirement", 43 (c), title "Service
connected disability retirement", 43 (d), title "Medical
re—examination of disability retiree", 43 (f) , title
"Amount of pension at service connected disability
retirement", and 43 (g), title "Adjustment or cessation
of disability pension payments", are hereby amended to
read as follows:

(b)    Non—service connected disability
retirement.

(6) the member is not qualified for or
is unable to productively perform the duties of another
available position.

(c)    Service connected disability retirement.

(1) the member is totally
incapacitated for duty or partially and permanently
incapacitated for duty as the natural and proximate
result of an accident occurring, or an occupational
disease incurred or condition aggravated while in the
actual performance of duty, that the incapacity is not
due to willful negligence, and the incapacity is likely
to be permanent. In extenuating circumstances, the
Retirement Hearing Board may waive the requirement that a
member's incapacity is likely to be permanent. In such
cases, the Retirement Hearing Board may approve a
temporary disability retirement for one or more one—year
periods until the incapacity is either removed or it
becomes apparent that it is likely to be permanent.

(d)    Medical re-examination of disability
retiree. The Retirement Hearing Board may require a
member receiving disability pension payments to undergo a
yearly physical examination during the five—year period