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HARRY HUGHES, Governor 1561
benefits are paid or payable for a period during which a
pension allowance is paid or payable. This provision is
applicable to both the retired member and any beneficiary
designated under any option provided under this article.
PROVIDED, HOWEVER, THE PENSION ALLOWANCE TO BE REDUCED SHALL
BE THE ALLOWANCE AT THE TIME OF RETIREMENT, AND SHALL NOT
INCLUDE ANY ADJUSTMENT OF THE ALLOWANCE AFTER RETIREMENT AND
THIS PROVISION SHALL BE RETROACTIVE TO BENEFITS RECEIVED
BEFORE JULY 1, 1980.
53A.
(g) This section [shall] MAY DOES not apply to LUMP
SUM benefits [payable under §§ 53(8), 53(9), and 53(10) of
this article] OR THE RETURN OF CONTRIBUTIONS.
(H) THIS SECTION APPLIES TO SPECIAL DEATH BENEFITS,
RETROACTIVE TO JULY 1, 1971.
Article 101 - Workmen's Compensation
33.
(c) Whenever by statute, charter, ordinances,
resolution, regulation or policy adopted thereunder, whether
as part of a pension system or otherwise, any benefit or
benefits are furnished employees of employers covered under
§ 21(a)(2) of this article, the dependents and others
entitled to benefits under this article as a result of the
death of such employees, the benefit or benefits when
furnished by the employer shall satisfy and discharge pro
tanto or in full as the case may be, the liability or
obligation of the employer and the Subsequent Injury Fund
for any benefit under this article. If any benefits so
furnished are less than those provided for in this article
the employer or the Subsequent Injury Fund, or both shall
furnish the additional benefit as will make up the
difference between the benefit furnished and the similar
benefit required in this article. PROVIDED, HOWEVER, THAT
THE COMPUTATION OF THE ADDITIONAL BENEFIT SHALL BE
APPLICABLE ONLY AT THE TIME OF THE INITIAL AWARD OF BENEFITS
AND SHALL NOT BE APPLICABLE TO ANY COST OF LIVING
ADJUSTMENTS AFTER THE INITIAL AWARD, AND THIS PROVISION
SHALL BE RETROACTIVE TO BENEFITS RECEIVED BEFORE JULY 1,
1980.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is
hereby declared to be an emergency measure and necessary for
the immediate preservation of the public health and safety
and having been passed by a yea and nay vote supported by
three-fifths of all the members elected to each of the two
Houses of the General Assembly, the same shall take effect
from the date of its passage shall take effect June 1, 1980.
Approved May 6, 1980.
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