Ch. 479

LAWS OF MARYLAND

OCCURS WHILE IN THE ACTUAL PERFORMANCE OF DUTY AT SOME DEFINITE
TIME AND PLACE, WITHOUT WILLFUL NEGLIGENCE ON THE MEMBER'S PART,
SHALL BE RETIRED BY THE BOARD OF TRUSTEES IF THE MEDICAL BOARD
CERTIFIES THAT THE MEMBER IS MENTALLY OR PHYSICALLY INCAPACITATED
FOR THE FURTHER PERFORMANCE OF THE NORMAL DUTIES OF THE MEMBER'S
POSITION, THAT THE INCAPACITY IS LIKELY TO BE PERMANENT, AND THE
MEMBER SHOULD BE RETIRED. A BENEFICIARY WHO IS ENTITLED TO AN
ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE MAY NOT RECEIVE ANY
ALLOWANCE ON ACCOUNT OF ORDINARY DISABILITY.

(2) A MEMBER MAY NOT RECEIVE AN ACCIDENTAL DISABILITY
ALLOWANCE FOR A DISABILITY INCURRED PRIOR TO ENROLLMENT IN THIS
PENSION SYSTEM, EXCEPT TO THE EXTENT THAT 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.

(I) ON RETIREMENT FOR ACCIDENTAL DISABILITY, A MEMBER SHALL
RECEIVE AN ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE THAT SHALL
CONSIST OF:

(1)  AN ANNUITY THAT SHALL BE THE ACTUARIAL EQUIVALENT
OF THE MEMBER'S ACCUMULATED CONTRIBUTIONS AT THE TIME OF THE
MEMBER'S RETIREMENT; AND

(2)  A PENSION OF 66 2/3 PERCENT OF THE MEMBER'S
AVERAGE FINAL COMPENSATION, BUT THE MEMBER'S TOTAL ACCIDENTAL
RETIREMENT ALLOWANCE MAY NOT EXCEED THE MEMBER'S AVERAGE FINAL
COMPENSATION.

(J) THE PROVISIONS OF § 117(9), (9A), AND (9B) OF THIS
ARTICLE SHALL BE APPLICABLE TO DISABILITY BENEFICIARIES OF THIS
PENSION SYSTEM.

(K) UPON THE RECEIPT OF PROPER PROOFS OF THE DEATH OF A
MEMBER IN SERVICE, THERE SHALL BE PAID TO THE MEMBER'S ESTATE OR
TO ANY PERSON HAVING AN INSURABLE INTEREST IN THE LIFE OF THE
DECEASED THAT THE MEMBER HAS NOMINATED BY WRITTEN DESIGNATION
DULY EXECUTED AND FILED WITH THE BOARD OF TRUSTEES:

(1)  THE MEMBER'S ACCUMULATED CONTRIBUTIONS; AND

(2)   IF THE MEMBER HAS MORE THAN 1 YEAR OF CREDITABLE
SERVICE, AN AMOUNT EQUAL TO THE MEMBER'S ANNUAL EARNABLE
COMPENSATION AT THE TIME OF DEATH.

(L) (1) UPON THE RECEIPT OF PROPER PROOFS OF THE DEATH OF A
MEMBER IN SERVICE WHO HAD MORE THAN 2 YEARS OF CREDITABLE SERVICE
AND WHOSE DEATH AROSE OUT OF OR IN THE COURSE OF THE ACTUAL
PERFORMANCE OF DUTY WITHOUT WILLFUL NEGLIGENCE ON THE PART OF THE
DECEASED, AND UPON THE FINDING AND CERTIFICATION BY THE BOARD

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