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LAWS OF MARYLAND

Ch. 474

granted nor an amount which, when added to the amount
earnable by the beneficiary together with his or her
annuity, equals the amount of his or her average final
compensation. A beneficiary restored to active service at a
salary less than the average final compensation upon the
basis of which he or she was retired shall not become a
member of the retirement system until his or her salary is
at least equal to such average final compensation. For the
purposes of this paragraph, "retirement allowance" means the
allowance payable without optional modification as provided
in subsection (11) of this section. The allowed earnings of
a disability pensioner shall be determined by the difference
between his or her retirement allowance at the time of his
or her retirement and his or her average final compensation.

(c) If a disability beneficiary under the age of
50 is restored to active service and if his or her annual
compensation then or at any time prior to the age of 50 is
equal to or greater than his or her average final
compensation at retirement, the retirement allowance shall
cease, he or she shall again become a member of the
retirement system, and shall contribute thereafter at the
rate applicable to the age at which he or she paid prior to
disability. Anything in this subtitle to the contrary
notwithstanding, any prior service certificate on the basis
of which service was computed at the time of retirement
shall be restored to full force and effect, and in addition,
upon his or her subsequent retirement he or she shall be
credited with all the service as a member creditable to him
or her at the time of retirement; but should he or she be
restored to membership after the attainment of age 45, the
pension upon subsequent retirement may not exceed the
pension which he or she was receiving immediately prior to
the last restoration to membership before any reduction of
such pension as provided in paragraph (b) of this subsection
and the pension that may have accrued as a new member on
account of service since -the last restoration to membership,
provided that the total pension on his or her subsequent
retirement may not exceed the rate percent he or she would
have received had he or she remained in service during the
period of prior retirement.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1979.

Approved May 29, 1979.

CHAPTER 475
(Senate Bill 627)
AN ACT concerning