Ch. 580

LAWS OF MARYLAND

2.  THE INCAPACITY IS LIKELY TO BE
PERMANENT; AND

3.  THE MEMBER SHOULD BE RETIRED.

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

(2)  (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF
THIS PARAGRAPH, ON RETIREMENT ON ORDINARY DISABILITY, A MEMBER
SHALL RECEIVE:

1. A SERVICE RETIREMENT ALLOWANCE IN
ACCORDANCE WITH SUBSECTION (C)(1) OF THIS SECTION, IF THE MEMBER
IS AT LEAST 6 2 YEARS OLD; OR

2. IF THE MEMBER IS YOUNGER THAN 62 YEARS

OLD, A SERVICE RETIREMENT ALLOWANCE 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 6 2 YEARS OLD WITHOUT ANY CHANGE IN THE RATE OF THE
MEMBER'S EARNABLE COMPENSATION.

(II) ON RETIREMENT ON ORDINARY DISABILITY, A
MEMBER WHO HAS TRANSFERRED TO THIS PENSION SYSTEM FROM THE
EMPLOYEES' RETIREMENT SYSTEM OF THE STATE OF MARYLAND SHALL
RECEIVE:

1.  IF THE MEMBER IS AT LEAST 60 YEARS
OLD, OR HAS AT LEAST 2 5 YEARS OF CREDITABLE SERVICE, A SERVICE
RETIREMENT ALLOWANCE IN ACCORDANCE WITH SUBSECTION (C)(2) OF THIS
SECTION; OR

2.   IF THE MEMBER IS LESS THAN 60 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.

(3)  (I) ON THE APPLICATION OF A MEMBER OR OF THE HEAD
OF THE MEMBER'S DEPARTMENT, ANY MEMBER WHO HAS BEEN TOTALLY AND
PERMANENTLY INCAPACITATED FOR DUTY AS THE NATURAL AND PROXIMATE
RESULT OF AN ACCIDENT THAT 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

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