532

LAWS OF MARYLAND

Ch. 22

SUCH EXAMINATION TO BE AT THE PLACE OF RESIDENCE OF
SAID BENEFICIARY OR OTHER PLACE MUTUALLY AGREED UPON, BY A
PHYSICIAN OR PHYSICIANS DESIGNATED BY THE BOARD OF TRUSTEES
SHOULD ANY DISABILITY BENEFICIARY WHO HAS NOT YET ATTAINED
THE AGE OF 60 REFUSE TO SUBMIT TO AT LEAST ONE MEDICAL
EXAMINATION IN ANY SUCH YEAR BY A PHYSICIAN OR PHYSICIANS
DESIGNATED, BY THE BOARD OF TRUSTEES, HIS ALLOWANCE MAY BE
DISCONTINUED UNTIL HIS WITHDRAWAL OF SUCH REFUSAL, AND
SHOULD HIS REFUSAL CONTINUE FOR ONE YEAR, ALL HIS RIGHTS IN
AND TO HIS PENSION MAY BE REVOKED BY THE BOARD OF TRUSTEES.

(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 DISABILITY PENSIONER
SHALL BE DETERMINED BY THE DIFFERENCE BETWEEN HIS RETIREMENT
ALLOWANCE AT THE TIME OF HIS RETIREMENT AND HIS AVERAGE
FINAL COMPENSATION.

(B)       SHOULD A DISABILITY BENEFICIARY UNDER AGE 60 BE
RESTORED TO ACTIVE SERVICE AT A COMPENSATION OF NOT LESS
THAN HIS AVERAGE FINAL COMPENSATION, HIS RETIREMENT
ALLOWANCE SHALL CEASE, HE SHALL, AGAIN BECOME A MEMBER OF THE
RETIREMENT SYSTEM AND HE SHALL CONTRIBUTE THEREAFTER AT THE
SAME RATE HE PAID PRIOR TO DISABILITY.          ANY PRIOR SERVICE
CERTIFICATE ON THE BASIS: OF; WHICH HIS SERVICE WAS COMPUTED
AT THE TIME OF HIS RETIREMENT SHALL BE RESTORED TO FULL
FORCE AND EFFECT, AND IN ADDITION, UPON HIS SUBSEQUENT
RETIREMENT, HE SHALL BE CREDITED WITH ALL HIS SERVICE AS A
MEMBER.

(6) DEATH BENEFIT. —(A) UPON THE RECEIPT OF PROPER
PROOFS OF THE DEATH OF A MEMBER IN SERVICE, AND PROVIDED
THAT NO BENEFIT IS PAYABLE UNDER, THE PROVISIONS OF
SUBSECTIONS (8)(B) OF THIS SECTION THERE SHALL BE PAID TO
THE MEMBER'S, ESTATE OR TO THE PERSON HE HAS NOMINATED BY
WRITTEN DESIGNATION DUTY EXECUTED AND FILED WITH THE BOARD
OF TRUSTEES:

(I) THE MEMBER'S ACCUMULATED CONTRIBUTIONS; AND

(II) IF THE MEMBER HAS ONE OR MORE YEARS OF CREDITABLE
SERVICE, OR DIES IN THE COURSE, OF THE ACTUAL PERFORMANCE OF