WILLIAM DONALD SCHAEFER, Governor                         Ch. 222

PARAGRAPH AND ALLOWED UNDER SUBPARAGRAPH (III) OF THIS PARAGRAPH
SHALL BE ONE DOLLAR FOR EVERY FIVE DOLLARS BY WHICH THE RETIREE'S
CURRENT COMPENSATION EXCEEDS THE LIMITATION PROVIDED UNDER THIS
PARAGRAPH.

(vi) (VII) A retiree restored to active service at a salary less than the
average final compensation upon the basis of which the retiree was retired shall not
become a member of the retirement system until the salary is at least equal to such
average final compensation.

5-404.

(c) (2) (i) In this paragraph, "retirement allowance" means the allowance
payable without optional modification as provided in § 5-409 of this subtitle.

(ii) If the medical board reports and certifies to the Board of Trustees
that any ordinary disability retiree under the age of 62 is engaged in or is able to engage
in a gainful occupation paying more than the difference between the retiree's retirement
allowance at the time of retirement and the retiree's average final compensation plus
$5,000 and if the Board of Trustees concurs in the report, then the amount of the retiree's
pension shall be reduced.

(iii) If the ordinary disability retiree's earning capacity is later changed,
the amount of the retiree's pension may be further modified, provided that the new
pension may not exceed the amount of the pension originally granted.

(iv) The EXCEPT AS PROVIDED IN SUBPARAGRAPH (VI) OF THIS
PARAGRAPH, THE amount of the pension reduction required under subparagraph (ii) of
this paragraph and allowed under subparagraph (iii) of this paragraph shall be one dollar
for every two dollars by which the retiree's current compensation exceeds the limitation
provided under this paragraph.

(v) The pension reduction required under subparagraph (ii) of this
paragraph and allowed under subparagraph (iii) of this paragraph does not apply to [an]:

1. AN accidental disability retiree; OR RETIREE.

2. A RETIREE WHO HAS RETIRED ON AN ORDINARY
DISABILITY RETIREMENT ALLOWANCE FOR AT LEAST 10 YEARS.

(VI) FOR A RETIREE WHO HAS BEEN RECEIVING AN ORDINARY
DISABILITY RETIREMENT ALLOWANCE FOR AT LEAST 10 YEARS, THE AMOUNT OF
THE PENSION REDUCTION REQUIRED UNDER SUBPARAGRAPH (II) OF THIS
PARAGRAPH AND ALLOWED UNDER SUBPARAGRAPH (III) OF THIS PARAGRAPH
SHALL BE ONE DOLLAR FOR EVERY FIVE DOLLARS BY WHICH THE RETIREE'S
CURRENT COMPENSATION EXCEEDS THE LIMITATION PROVIDED UNDER THIS
PARAGRAPH.

6-403.

(f) (1) (i) In this subsection, "retirement allowance" means the allowance
payable without optional modification as provided in § 6-406 of this subtitle.

- 1561 -