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Session Laws, 1986
Volume 768, Page 1405   View pdf image
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HARRY HUGHES, Governor                                    1405

(13)  To establish and modify systems for the
reception, processing, and maintenance of reports and records of
occurrences or alleged occurrences of crime and motor vehicle
accidents within the State, and of the administration management,
and operations of the Department; and to establish procedures,
not inconsistent with law, for the safekeeping, copying, and

destruction of departmental records; [and]

(14)  To suspend, amend, rescind, abrogate or cancel
any rule adopted by him or by any former Superintendent[.];

(15)  To grant permission to off-duty State police
officers to use police vehicles during off-duty hours, provided
however, that only the officers to whom permission has been
granted may operate the vehicles, and provided that the vehicles,
in the opinion of the Superintendent, will not be needed by
on-duty officers[.]; AND

(16) TO APPLY FOR DISABILITY RETIREMENT ON BEHALF OF
A STATE POLICE OFFICER WHO IS PERMANENTLY PHYSICALLY OR MENTALLY
INCAPABLE OF PERFORMING HIS ASSIGNED DUTIES IF THE STATE POLICE
OFFICER HAS REFUSED TO APPLY FOR DISABILITY RETIREMENT AND IF
THERE IS SUFFICIENT MEDICAL EVIDENCE TO SUPPORT A DETERMINATION
OF PERMANENT DISABILITY.

(C) THE SUPERINTENDENT MAY NOT MAKE APPLICATION ON BEHALF
OF THE OFFICER UNDER SUBSECTION (B)(16) OF THIS SECTION UNTIL ONE
FULL YEAR AFTER THE ONSET OF THE DISABILITY AND THE EXPIRATION OF
ANY ADMINISTRATIVE LEAVE GRANTED UNDER § 23A OF THIS ARTICLE.
SUFFICIENT MEDICAL EVIDENCE SHALL BE DEEMED THE PROFESSIONAL
OPINION OF AN INDEPENDENT MEDICAL PRACTITIONER HAVING RECOGNIZED
EXPERTISE IN THE DIAGNOSIS AND TREATMENT OF THE SPECIFIED ILLNESS
OF THE EMPLOYEE IN QUESTION. NOTHING IN THIS SECTION SHALL
PREVENT AN EMPLOYEE FROM EXERCISING THE INDIVIDUAL'S RIGHTS UNDER
ARTICLE 73B, SECTION 159(11) OF THE CODE.

53.

(d) (1) Upon retirement for ordinary disability a member
shall receive a service retirement allowance if he or she has
attained the age of 50, otherwise he or she shall receive an
ordinary disability retirement allowance which shall be computed
as one forty-fifth of his or her average final compensation for
each of the first 25 years of creditable service and one
ninetieth of his or her average final compensation for each year
after the first 25 years of creditable service, but in no event
shall the total retirement allowance be less than 35 percent of
his or her average final compensation.

(2)  Effective July 1, 1973, the provisions of this
subsection are applicable to members who retired prior to July 1,
1973.

(3)  Upon the death of any member who has retired on
an ordinary disability allowance:

 

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Session Laws, 1986
Volume 768, Page 1405   View pdf image
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