1248

LAWS OF MARYLAND

Ch. 301

(a) Should the medical board report and certify to
the board of trustees that any 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 PLUS $3,000. 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 PLUS $3, 000.
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 PLUS $3,000. 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 PLUS $3,000.