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2072
LAWS OF MARYLAND
Ch. 265
145.
(5) (a) On the application of a member or of his State or
county superintendent, any member who has had 5 or more years of
eligibility service may be retired by the board of trustees on an
ordinary disability retirement allowance, if the medical board,
after a medical examination of the member, certifies that:
(i) The member is mentally or physically
incapacitated for the further performance of duty;
(ii) The incapacity is likely to be permanent;
and
(iii) The member should be retired.
(b) In no event shall a member receive a disability
allowance for a disability incurred prior to enrollment in the
pension system, except to the extent that such a disability was
aggravated subsequent to the member's enrollment. A member who
transfers from the Teachers' Retirement System of the State of
Maryland or the Employees' Retirement System of the State of
Maryland to the Pension System for Teachers of the State of
Maryland shall retain the enrollment date first established in
the retirement system from which the member transferred.
(c) Any member who applies for disability retirement
within 2 years of having transferred from the Employees'
Retirement System of the State of Maryland or the Teachers'
Retirement System of the State of Maryland to this pension
system, and is found to be disabled, shall receive the benefits
provided under the retirement system from which the member
transferred offset by whatever contributions have been refunded
to the member.
(D) FOR THE PURPOSES OF THIS SUBSECTION (5),
MEMBERSHIP IN THE PENSION SYSTEM FOR TEACHERS SHALL CONTINUE FOR
A PERIOD OF 2 YEARS FROM THE TIME PAID EMPLOYMENT IS TERMINATED.
(7) (a) On the application of a member or of his State or
county superintendent, any member who has been totally and
permanently incapacitated for duty as the natural and proximate
result of an accident that occurred while in the actual
performance of duty at some definite time and place, without
willful negligence on his part, shall be retired by the board of
trustees, if the medical board certifies that:
(i) The member is mentally or physically
incapacitated for the further performance of duty;
(ii) The incapacity is likely to be permanent;
and
(iii) The member should be retired.
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