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Ch. 479
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2006 LAWS OF MARYLAND
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(b) Except as provided in subsection (a) of this section AND SUBJECT TO
SUBSECTION (E) OF THIS SECTION, the THE Board of Trustees shall reduce the
pension of a retiree on ordinary disability if:
(1) the retiree is under normal retirement age;
(2) the medical board certifies in a report to the Board of Trustees that
the retiree is employed by a participating employer at an annual compensation that is
greater than the difference between:
(i) the retiree's retirement allowance at retirement; and
(ii) the retiree's average final compensation plus $5,000;
(3) the Board of Trustees agrees with the medical board's report; and
(4) the retiree's allowance has not been temporarily suspended as
provided in § 29-115 of this subtitle.
(c) The Board of Trustees shall reduce the pension of a retiree who has been
receiving an ordinary disability retirement allowance for:
(1) less than 10 years, by $1 for every $2 that the retiree's current
compensation exceeds the limit under subsection (b) of this section; or
(2) at least 10 years, by $1 for every $5 that the retiree's current
compensation exceeds the limit under subsection (b) of this section.
(d) The pension to be reduced under this section is the pension at retirement
without any cost-of-living adjustment.
(E) THE BOARD OF TRUSTEES SHALL, AFTER GIVING NOTICE, TEMPORARILY
SUSPEND THE RETIREMENT ALLOWANCE OF A RETIREE UNDER SUBSECTION (B) OF
THIS SECTION IF THE RETIREE IS REEMPLOYED IN ANY POSITION OTHER THAN A
PROBATIONARY STATUS LAW ENFORCEMENT OFFICER, A LAW ENFORCEMENT
OFFICER, OR CHIEF, AS DEFINED IN § 3 101 OF THE PUBLIC SAFETY ARTICLE.
SECTION 2. AND BE IT FURTHER ENACTED, That Chapter 518 of the Acts of
the General Assembly of 2005 shall be construed to apply retroactively and shall be
applied to and interpreted to affect any individual in the Law Enforcement Officers'
Pension System or the State Police Retirement System who began is receiving a
disability retirement allowance on or after January 1, 2005.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall be
construed to apply retroactively and shall be applied to and interpreted to affect any
individual who began receiving a disability retirement allowance on or after January
1, 2005, if the individual is a disability retiree of:
(1) the Local Fire and Police System; or
(2) the Employees' Retirement System or the Employees' Pension System
who is receiving an ordinary disability retirement allowance, if at the time of
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