100

LAWS OF MARYLAND

Ch. 23

ALLOWANCE MAY NOT RECEIVE ANY ALLOWANCE ON ACCOUNT OF
ORDINARY DISABILITY.

(8)   ON RETIREMENT FOR ACCIDENTAL DISABILITY, A MEMBER
SHALL RECEIVE A SERVICE RETIREMENT ALLOWANCE IF HE IS 62
YEARS OLD OR OLDER; OTHERWISE HE SHALL RECEIVE AN ACCIDENTAL
DISABILITY RETIREMENT ALLOWANCE WHICH SHALL CONSIST OF:

(A)   AN ANNUITY WHICH SHALL BE THE ACTUARIAL
EQUIVALENT OF HIS ACCUMULATED CONTRIBUTIONS AT THE TIME OF
HIS RETIREMENT; AND

(B)   A PENSION OF 66 2/3 PERCENT OF HIS AVERAGE
FINAL COMPENSATION, BUT HIS TOTAL ACCIDENTAL DISABILITY
RETIREMENT ALLOWANCE MAY NOT EXCEED HIS AVERAGE FINAL
COMPENSATION.

(9)   (A) ONCE EACH YEAR DURING THE FIRST 5 YEARS
FOLLOWING THE RETIREMENT OF A MEMBER ON A DISABILITY
RETIREMENT ALLOWANCE, AND ONCE IN EVERY 3-YEAR PERIOD
THEREAFTER, THE BOARD OF TRUSTEES MAY, AND ON HIS
APPLICATION SHALL, REQUIRE ANY DISABILITY BENEFICIARY WHO IS
UNDER THE AGE OF 62 TO UNDERGO A MEDICAL EXAMINATION. THE
EXAMINATION SHALL BE MADE AT THE RESIDENCE OF THE
BENEFICIARY OR ANY OTHER PLACE MUTUALLY AGREED ON, BY THE
PHYSICIAN DESIGNATED BY THE BOARD OF TRUSTEES. IF A
DISABILITY BENEFICIARY WHO IS UNDER THE AGE OF 62 REFUSES TO
SUBMIT TO THE MEDICAL EXAMINATION, HIS ALLOWANCE MAY BE
DISCONTINUED UNTIL HE WITHDRAWS THE REFUSAL. IF HIS REFUSAL
CONTINUES FOR 1 YEAR, ALL HIS RIGHTS IN AND TO HIS PENSION
MAY BE REVOKED BY THE BOARD OF TRUSTEES.

(B) IF THE MEDICAL BOARD REPORTS AND CERTIFIES
TO THE BOARD OF TRUSTEES THAT ANY DISABILITY BENEFICIARY IS
ENGAGED IN OR IS ABLE TO ENGAGE IN A GAINFUL OCCUPATION THAT
PAYS MORE THAN THE DIFFERENCE BETWEEN HIS RETIREMENT
ALLOWANCE AND HIS AVERAGE FINAL COMPENSATION AND IF THE
BOARD OF TRUSTEES CONCURS IN THE REPORT, THEN THE AMOUNT OF
HIS PENSION SHALL BE REDUCED TO AN AMOUNT WHICH, TOGETHER
WITH HIS ANNUITY AND THE AMOUNT EARNABLE BY HIM, IS EQUAL TO
THE AMOUNT OF HIS AVERAGE FINAL COMPENSATION. IF HIS
EARNING CAPACITY CHANGES LATER, THE AMOUNT OF HIS PENSION
MAY BE FURTHER MODIFIED, IF THE NEW PENSION DOES NOT EXCEED
THE AMOUNT OF THE PENSION ORIGINALLY GRANTED NOR AN AMOUNT
THAT, 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 THAT IS LESS THAN THE AVERAGE FINAL
COMPENSATION ON THE BASIS OF WHICH HE WAS RETIRED MAY NOT
BECOME A MEMBER OF THE RETIREMENT SYSTEM UNTIL HIS SALARY IS
AT LEAST EQUAL TO THE AVERAGE FINAL COMPENSATION. IN THIS
PARAGRAPH, "RETIREMENT ALLOWANCE" MEANS THE ALLOWANCE
PAYABLE WITHOUT ANY OPTIONAL MODIFICATION AS PROVIDED IN
SUBSECTION (12)(A) OF THIS SECTION. THE ALLOWED EARNINGS OF
A DISABILITY BENEFICIARY SHALL BE DETERMINED BY THE
DIFFERENCE BETWEEN HIS RETIREMENT ALLOWANCE AT THE TIME OF
HIS RETIREMENT AND HIS AVERAGE FINAL COMPENSATION.