1334

LAWS OF MARYLAND

Ch. 474

Section 11(6) and (8) and 86(4a) and (5)
Annotated Code of Maryland
(1978 Replacement Volume)

BY repealing and reenacting, with amendments,

Article 88B - State Police

Section 53(5) and (7)

Annotated Code of Maryland

(1969 Replacement Volume and 1978 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article 73B - Pensions

11.

(6) Upon the application of a member, or of the head
of his department, any member who has been totally and
permanently incapacitated for duty as the natural and
proximate result of an accident occurring while in the
actual performance of duty at some definite time and place,
without wilful negligence on his part, shall be retired by
the board of trustees, provided that the medical board shall
certify that such member is mentally or physically
incapacitated for the further performance of duty, that such
incapacity is likely to be permanent, and that such member
should be retired, 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 DISABILITY WAS AGGRAVATED IN THE ACTUAL
PERFORMANCE OF DUTY. No beneficiary entitled to an
accidental disability retirement allowance shall receive any
allowance on account of ordinary disability.

(8) Once each year [during the first five years
following the retirement of a member on a disability
retirement allowance, and once in every three—year period
thereafter], the board of trustees may, and upon his
application shall, require any disability beneficiary who
has not yet attained the age of 60 to undergo a medical
examination, such examination to be made at the place of
residence of such 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 such medical
examination, 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 any disability beneficiary is