130

LAWS OF MARYLAND

Ch. 23

(II)  THE INCAPACITY IS LIKELY TO BE
PERMANENT; AND

(III) THE MEMBER SHOULD BE RETIRED.

(B) IN NO EVENT SHALL A MEMBER RECEIVE A
DISABILITY ALLOWANCE FOR A DISABILITY INCURRED PRIOR TO
ENROLLMENT IN THE RETIREMENT SYSTEM, EXCEPT TO THE EXTENT
THAT SUCH A DISABILITY WAS AGGRAVATED SUBSEQUENT TO THE
MEMBER'S ENROLLMENT.

(6)   ON RETIREMENT ON ORDINARY DISABILITY, A MEMBER
SHALL RECEIVE A SERVICE RETIREMENT ALLOWANCE IF HE IS 62
YEARS OLD OR OLDER, OTHERWISE HE SHALL RECEIVE AN ORDINARY
DISABILITY RETIREMENT ALLOWANCE AS PROVIDED IN SUBSECTION
(2) OF THIS SECTION ON THE BASIS OF HIS AVERAGE FINAL
COMPENSATION AND WITH THE CREDITABLE SERVICE THAT HE WOULD
HAVE RECEIVED HAD HE CONTINUED IN SERVICE TO AGE 62 WITHOUT
ANY CHANGE IN THE RATE OF HIS EARNABLE COMPENSATION.

(7)   ON THE APPLICATION OF A MEMBER OR OF HIS STATE OR
COUNTY SUPERINTENDENT, ANY MEMBER WHO HAS BEEN TOTALLY AND
PERMANENTLY INCAPACITATED FOR DUTY AS THE NATURAL AND
PROXIMATE RESULT OF AN ACCIDENT THAT OCCURRED WHILE IN THE
ACTUAL PERFORMANCE OF DUTY AT SOME DEFINITE TIME AND PLACE,
WITHOUT WILLFUL NEGLIGENCE ON HIS PART, SHALL BE RETIRED BY
THE BOARD OF TRUSTEES, IF THE MEDICAL BOARD CERTIFIES THAT:

(I)   THE MEMBER IS MENTALLY OR PHYSICALLY
INCAPACITATED FOR THE FURTHER PERFORMANCE OF DUTY;

(II)  THE INCAPACITY IS LIKELY TO BE PERMANENT;
AND

(III) THE MEMBER SHOULD BE RETIRED.

A BENEFICIARY WHO IS ENTITLED TO AN ACCIDENTAL
DISABILITY RETIREMENT ALLOWANCE MAY NOT RECEIVE ANY
ALLOWANCE ON ACCOUNT OF ORDINARY DISABILITY.

(8)   (A) 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 THAT SHALL
CONSIST OF:

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

(C)   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