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Session Laws, 1989
Volume 771, Page 3077   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 479

(III) THE MEMBER SHOULD BE RETIRED.

(2) IN NO EVENT SHALL A MEMBER RECEIVE A DISABILITY
ALLOWANCE FOR A DISABILITY INCURRED PRIOR TO ENROLLMENT IN THIS
PENSION SYSTEM, EXCEPT TO THE EXTENT THAT SUCH A DISABILITY WAS
AGGRAVATED SUBSEQUENT TO THE MEMBER'S ENROLLMENT. A MEMBER WHO
TRANSFERS FROM THE EMPLOYEES' RETIREMENT SYSTEM OR THE PENSION
SYSTEM FOR EMPLOYEES SHALL RETAIN THE ENROLLMENT DATE FIRST
ESTABLISHED IN THE SYSTEM FROM WHICH THE MEMBER TRANSFERRED.

(G) (1) ON RETIREMENT ON ORDINARY DISABILITY, A MEMBER
SHALL RECEIVE:

(I)  IF THE MEMBER IS AT LEAST 50 YEARS OLD, A
SERVICE RETIREMENT ALLOWANCE AND A SUPPLEMENTAL SERVICE
RETIREMENT ALLOWANCE IN ACCORDANCE WITH SUBSECTIONS (D)(1) AND
(E) OF THIS SECTION; OR

(II)  IF THE MEMBER IS LESS THAN 50 YEARS OLD:

1.  AN ORDINARY DISABILITY RETIREMENT
ALLOWANCE COMPUTED AS PROVIDED IN SUBSECTION (D)(1) OF THIS
SECTION ON THE BASIS OF THE MEMBER'S AVERAGE FINAL COMPENSATION
AND WITH THE CREDITABLE SERVICE THAT THE MEMBER WOULD HAVE
RECEIVED HAD THE MEMBER CONTINUED IN SERVICE UNTIL THE MEMBER WAS
AGE 50 YEARS WITHOUT ANY CHANGE IN THE RATE OF THE MEMBER'S
EARNABLE COMPENSATION; AND

2.  A SUPPLEMENTAL SERVICE RETIREMENT
ALLOWANCE COMPUTED IN ACCORDANCE WITH SUBSECTION (E) OF THIS
SECTION.

(2) ON RETIREMENT ON ORDINARY DISABILITY, A MEMBER
WHO HAS TRANSFERRED TO THIS PENSION SYSTEM FROM THE EMPLOYEES'
RETIREMENT SYSTEM AND HAD ELECTED TO RECEIVE BENEFITS IN
ACCORDANCE WITH § 11D OF THIS ARTICLE SHALL RECEIVE:

(I)   IF THE MEMBER IS AT LEAST 50 YEARS OLD, OR
HAS AT LEAST 2 5 YEARS OF CREDITABLE SERVICE, A SERVICE RETIREMENT
ALLOWANCE IN ACCORDANCE WITH SUBSECTION (D)(2) OF THIS SECTION;
OR

(II)  IF THE MEMBER IS LESS THAN 50 YEARS OLD
AND HAS LESS THAN 25 YEARS OF CREDITABLE SERVICE, AN ORDINARY
DISABILITY RETIREMENT ALLOWANCE THAT SHALL BE COMPUTED AS
ONE-FIFTIETH OF THE MEMBER'S AVERAGE FINAL COMPENSATION FOR EACH
YEAR OF CREDITABLE SERVICE, BUT NOT LESS THAN 25 PERCENT OF THE
MEMBER'S AVERAGE FINAL COMPENSATION.

(H) (1) ON THE APPLICATION OF A MEMBER OR OF THE HEAD OF
THE MEMBER'S DEPARTMENT IF THE MEMBER IS UNABLE TO APPLY, ANY
MEMBER WHO HAS BEEN TOTALLY AND PERMANENTLY INCAPACITATED FOR
DUTY AS THE NATURAL AND PROXIMATE RESULT OF AN ACCIDENT THAT

- 3077 -

 

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Session Laws, 1989
Volume 771, Page 3077   View pdf image
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