212

LAWS OF MARYLAND

Ch. 24

EQUAL TO THE AMOUNT OF HIS AVERAGE FINAL COMPENSATION. IF
HIS EARNING CAPACITY CHANGES LATER, THE AMOUNT OF HIS
PENSION MAY BE FURTHER MODIFIED, EXCEPT THAT THE NEW PENSION
MAY 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 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 OPTIONAL MODIFICATION AS PROVIDED IN
SUBSECTION (12)(A) OF THIS SECTION. 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.

(C) IF A DISABILITY BENEFICIARY UNDER THE AGE
OF 62 IS RESTORED TO ACTIVE SERVICE AND IF HIS ANNUAL
COMPENSATION THEN OR AT ANY TIME BEFORE HE BECOMES 62 YEARS
OLD IS EQUAL TO OR GREATER THAN HIS AVERAGE FINAL
COMPENSATION AT RETIREMENT, HIS ALLOWANCE SHALL CEASE, HE
SHALL BECOME A MEMBER OF THIS PENSION SYSTEM AGAIN.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBTITLE, ALL
ELIGIBILITY AND CREDITABLE SERVICE PREVIOUSLY EARNED SHALL
BE RESTORED AND, IN ADDITION, ON HIS SUBSEQUENT RETIREMENT,
HE SHALL BE CREDITED WITH ALL THE SERVICE AS A MEMBER
CREDITABLE TO HIM AT THE TIME OF RETIREMENT; BUT IF HE IS
RESTORED TO MEMBERSHIP AFTER HE BECOMES 50 YEARS OLD, HIS
PENSION, ON SUBSEQUENT RETIREMENT, MAY NOT EXCEED THE
PENSION THAT HE WAS RECEIVING IMMEDIATELY BEFORE HIS LAST
RESTORATION TO MEMBERSHIP AND THE PENSION THAT MAY HAVE
ACCRUED TO HIM AS A NEW MEMBER ON ACCOUNT OF SERVICE SINCE
HIS LAST RESTORATION TO MEMBERSHIP, IF THE TOTAL PENSION ON
HIS SUBSEQUENT RETIREMENT DOES NOT EXCEED THE RATE PERCENT
HE WOULD HAVE RECEIVED HAD HE REMAINED IN SERVICE DURING THE
PERIOD OF HIS PRIOR RETIREMENT.

(10) (A) ON THE RECEIPT OF PROPER PROOFS OF THE
DEATH OF A MEMBER IN SERVICE, AND IF A BENEFIT IS NOT
PAYABLE UNDER PARAGRAPH (C) OF THIS SUBSECTION, THE MEMBER'S
PERSONAL REPRESENTATIVE OR THE PERSON THE MEMBER HAS
NOMINATED BY WRITTEN DESIGNATION, EXECUTED AND FILED WITH
THE BOARD OF TRUSTEES SHALL BE PAID:

(I)   THE MEMBER'S ACCUMULATED
CONTRIBUTIONS; AND

(II)  IF THE MEMBER HAS 1 OR MORE YEARS OF
ELIGIBILITY SERVICE, OR DIES IN THE COURSE OF THE ACTUAL
PERFORMANCE OF DUTY, AN AMOUNT EQUAL TO THE MEMBER'S ANNUAL
EARNABLE COMPENSATION AT THE TIME OF DEATH.

(B) THE BOARD OF TRUSTEES MAY TAKE THE STEPS
NECESSARY TO PROVIDE THE DEATH BENEFIT UNDER THIS SUBSECTION
IN THE FORM OF GROUP LIFE INSURANCE, IF, IN THE OPINION OF