HARRY HUGHES, Governor                                      3919

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.

May 27, 1986
The Honorable Benjamin L. Cardin
Speaker of the House of Delegates
State House
Annapolis, Maryland 21404

Dear Mr. Speaker:

In accordance with Article II, Section 17 of the Maryland
Constitution, I have today vetoed House Bill 338.

This bill clarifies the Board of Trustees of the Maryland
State Retirement and Pension Systems authority to collect any
benefit overpayment or payment made by mistake.

Senate Bill 157, which was passed by the General Assembly
and signed by me on May 13, 1986, accomplishes the same purpose.
Therefore, it is not necessary for me to sign House Bill 338.