Ch. 336

LAWS OF MARYLAND

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 88B - State Police

53.

(g)(2)(I) 1. IN THIS PARAGRAPH, THE FOLLOWING WORDS HAVE
THE MEANINGS INDICATED.

2. "ADJUSTED AVERAGE FINAL COMPENSATION"
MEANS THE DISABILITY BENEFICIARY'S AVERAGE FINAL COMPENSATION,
ADJUSTED TO EQUAL THE SALARY PAYABLE IN THE FISCAL YEAR OF THE
MEDICAL BOARD'S REPORT, OF A MEMBER HOLDING THE SAME POSITION,
LEVEL, OR RANK AS THE ONE FROM WHICH THE DISABILITY BENEFICIARY
RETIRED.

3. "RETIREMENT ALLOWANCE" MEANS THE

ALLOWANCE PAYABLE WITHOUT OPTIONAL MODIFICATION AS PROVIDED IN
SUBSECTION (M) OF THIS SECTION.

(II) 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 ADJUSTED 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 ADJUSTED 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 ADJUSTED
average final compensation plus $3,000. A beneficiary restored
to active service at a salary less than the ADJUSTED 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 ADJUSTED 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
retirement and his or her ADJUSTED average final compensation.

(g) (2) (I) IN THIS PARAGRAPH, "RETIREMENT ALLOWANCE" MEANS
THE ALLOWANCE PAYABLE WITHOUT OPTIONAL MODIFICATION AS PROVIDED
IN SUBSECTION (M) OF THIS SECTION.

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