Ch. 6

1994 LAWS OF MARYLAND

(2) FOR THE. PURPOSE OF SUBMITTING AN APPLICATION FOR
DISABILITY, MEMBERSHIP CONTINUES FOR 2 YEARS AFTER PAID EMPLOYMENT

ENDS.                   

(C)     SAME — FORMER MEMBERS.                       

(1)      THIS SUBSECTION APPLIES ONLY TO AN APPLICATION FOR
DISABILITY RETIREMENT FROM A FORMER MEMBER OF:

(I) THE CORRECTIONAL OFFICERS' RETIREMENT SYSTEM;

         (II) THE EMPLOYEES' PENSION SYSTEM;

.                      (III) THE EMPLOYEES' RETIREMENT SYSTEM;

(IV)    THE LOCAL FIRE AND POLICE SYSTEM;

(V)     THE NATURAL RESOURCES PENSION SYSTEM; AND

(VI)    THE TEACHERS' PENSION SYSTEM.

(2)      THE BOARD OF TRUSTEES MAY ACCEPT AN APPLICATION FOR
ORDINARY OR ACCIDENTAL DISABILITY RETIREMENT FROM A FORMER MEMBER
WITHIN 36 MONTHS AFTER THE MONTH MEMBERSHIP ENDED IF THE FORMER
MEMBER PROVES TO THE SATISFACTION OF THE MEDICAL BOARD THAT FAILURE
TO SUBMIT AN APPLICATION WHILE A MEMBER WAS ATTRIBUTABLE SOLELY. TO
PHYSICAL OR MENTAL INCAPACITY DURING THE FILING PERIOD.

(3)      IF THE BOARD. OF TRUSTEES ACCEPTS A DISABILITY RETIREMENT
APPLICATION, UNDER THIS SUBSECTION AND GRANTS A DISABILITY RETIREMENT
ALLOWANCE, THE RETIREMENT ALLOWANCE BEGINS AS OF THE FIRST DAY OF THE
MONTH AFTER THE BOARD OF TRUSTEES RECEIVES THE APPLICATION.

(D)     5-YEAR LIMITATION FOR ACCIDENTAL DISABILITY APPLICATIONS.

(1)      THIS SUBSECTION DOES NOT APPLY TO AN APPLICATION FOR
SPECIAL DISABILITY UNDER THE STATE POLICE RETIREMENT SYSTEM.

(2)    THE BOARD OF TRUSTEES MAY NOT ACCEPT AN APPLICATION FOR
ACCIDENTAL DISABILITY FILED BY A MEMBER OR FORMER MEMBER MORE THAN 5
YEARS AFTER THE DATE OF THE CLAIMED ACCIDENT UNLESS THE MEMBER OR
FORMER MEMBER PROVES TO THE SATISFACTION OF THE MEDICAL BOARD THAT
FAILURE TO SUBMIT AN APPLICATION WITHIN THE REQUIRED 5 YEARS WAS
ATTRIBUTABLE SOLELY TO PHYSICAL OR MENTAL CONDITIONS THAT RESULTED
DIRECTLY FROM THE EVENT OR ACT OF DUTY THAT CAUSED THE DISABILITY.

REVISOR'S NOTE: Subsection (a) of this section is new language added to state
expressly that which formerly, only was implied — i.e., unless specified
otherwise, an application for disability retirement must be submitted by or for
"a member", and therefore must be submitted before membership ends.

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