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LAWS OF MARYLAND

Ch. 301

payable without optional modification as provided in subsection
(12)(a) 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.

Article 88B - State Police

53.

(g) (2) If the medical board reports and certifies 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 or her retirement allowance and his or her
average final compensation plus $3,000, and if the board of
trustees concurs in the report, then the amount of the pension
shall be reduced to an amount which, together with his or her
annuity and the amount earnable by him or her, shall equal the
amount of his or her average final compensation PLUS $3,000. If
the beneficiary's earning capacity is later changed, the amount
of his or her pension may be further modified, provided that the
new pension may 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 or her annuity, equals the
amount of his or her 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 or she was
retired shall not become a member of the retirement system until
his or her salary is at least equal to such average final
compensation. For the purposes of this paragraph, "retirement
allowance" means the allowance payable without optional
modification as provided in subsection (m) of this section. The
allowed earnings of a disability pensioner shall be determined by
the difference between his or her retirement allowance at the
time of his or her retirement and his or her average final
compensation.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1986.

Approved May 13, 1986.