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Ch. 337
LAWS OF MARYLAND
Employees' Retirement System of the State of Maryland or the
Pension System for Employees of the State of Maryland
exceeds a certain amount; defining certain terms; and
generally relating to disability beneficiaries of the
Employees' Retirement System of the State of Maryland and
the Pension System for Employees of the State of Maryland.
BY repealing and reenacting, with amendments,
Article 73B - Pensions
Section ll(8)(a) and 117(9)(b)
Annotated Code of Maryland
(1988 Replacement Volume and 1988 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article 73B - Pensions
11.
(8) Once each year, the board of trustees may, and upon his
application shall, require any disability beneficiary who has not
yet attained the age of 60 to undergo a medical examination, such
examination to be made at the place of residence of such
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 such medical examination, 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) (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 (11) OF THIS SECTION.
(II) 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
ADJUSTED average final compensation plus $3,000, and should the
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