Ch. 337

LAWS OF MARYLAND

retired may not become a member of the retirement system until
his salary is at least equal to the average final compensation.
[In this paragraph, "retirement allowance" means the allowance

payable without any optional modification as provided in

subsection (12)(a) of this section.] The allowed earnings of a
disability beneficiary shall be determined by the difference
between his retirement allowance at the time of his retirement
and his average final compensation.

(a) (I) IN THIS PARAGRAPH, "RETIREMENT ALLOWANCE"
MEANS THE ALLOWANCE PAYABLE WITHOUT OPTIONAL MODIFICATION AS
PROVIDED IN SUBSECTION (11) 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 RETIREMENT ALLOWANCE AT THE
TIME OF HIS RETIREMENT AND HIS AVERAGE FINAL COMPENSATION PLUS
$3,000, AND IF THE BOARD OF TRUSTEES CONCURS IN THE REPORT, THEN
THE AMOUNT OF HIS PENSION SHALL BE REDUCED.

(III)   IF THE BENEFICIARY'S EARNING CAPACITY IS
LATER CHANGED, THE AMOUNT OF HIS PENSION MAY BE FURTHER MODIFIED,
PROVIDED THAT THE NEW PENSION MAY NOT EXCEED THE AMOUNT OF THE
PENSION ORIGINALLY GRANTED.

(IV)  A BENEFICIARY RESTORED TO ACTIVE SERVICE
AT A SALARY LESS THAN THE AVERAGE FINAL COMPENSATION UPON THE
BASIS OF WHICH HE WAS RETIRED SHALL NOT BECOME A MEMBER OF THE
RETIREMENT SYSTEM UNTIL HIS SALARY IS AT LEAST EQUAL TO SUCH
AVERAGE FINAL COMPENSATION.

(V)  THE AMOUNT OF THE PENSION REDUCTION
REQUIRED UNDER SUBPARAGRAPH (II) AND ALLOWED UNDER SUBPARAGRAPH
(III) OF THIS PARAGRAPH SHALL BE ONE DOLLAR FOR EVERY TWO DOLLARS
BY WHICH HIS CURRENT COMPENSATION EXCEEDS THE LIMITATION PROVIDED
UNDER THIS PARAGRAPH.

117.

(9) (b) (I) IN THIS PARAGRAPH, "RETIREMENT ALLOWANCE" MEANS
THE ALLOWANCE PAYABLE WITHOUT OPTIONAL MODIFICATION AS PROVIDED
IN SUBSECTION (12)(A) 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 RETIREMENT ALLOWANCE AT THE
TIME OF HIS RETIREMENT AND HIS AVERAGE FINAL COMPENSATION PLUS
$3,000, AND IF THE BOARD OF TRUSTEES CONCURS IN THE REPORT, THEN
THE AMOUNT OF HIS PENSION SHALL BE REDUCED.

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