1336

LAWS OF MARYLAND

Ch. 474

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.

(5) Once each year [during the first five years
following 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
age 60 to undergo a medical examination, such examination to
be made 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