1616

LAWS OF MARYLAND

Ch. 299

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 until his salary is at least equal to
such average final compensation. For the purposes of this
paragraph, "retirement allowance" shall mean the allowance
payable without optional modification as hereinafter
provided in subsection (11) 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.

86.

(5) Once each year, 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 PLUS $3,000,
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.