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Session Laws, 1994
Volume 773, Page 593   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

Ch. 6

(B)      COMPUTATION OF ALLOWANCE — IN GENERAL.

AN ORDINARY DISABILITY RETIREMENT ALLOWANCE EQUALS THE GREATER
OF:

(1)      A NORMAL SERVICE RETIREMENT ALLOWANCE; OR

(2)      THE AMOUNT COMPUTED UNDER SUBSECTION (C) OR (D) OF THIS
SECTION.

(C)      SAME — FOR MEMBER AT LEAST NORMAL RETIREMENT AGE.

IF A MEMBER IS AT LEAST NORMAL RETIREMENT AGE, THE AMOUNT TO BE
USED UNDER SUBSECTION (B)(2) OF THIS SECTION IS 25% OF THE MEMBER'S
AVERAGE FINAL COMPENSATION.

(D)     SAME — FOR MEMBER UNDER NORMAL RETIREMENT AGE.

IF A MEMBER IS UNDER NORMAL RETIREMENT AGE, THE AMOUNT TO BE USED
UNDER SUBSECTION (B)(2) OF THIS SECTION IS THE LESSER OF:

(1)      25% OF THE MEMBER'S AVERAGE FINAL COMPENSATION; OR

(2)      THE NORMAL SERVICE RETIREMENT ALLOWANCE THAT IS
COMPUTED BY USING:

(I)       THE NUMBER OF YEARS OF CREDITABLE SERVICE THAT THE
MEMBER WOULD HAVE RECEIVED IF THE MEMBER CONTINUED EMPLOYMENT
UNTIL NORMAL RETIREMENT AGE; AND

(II)     AN AVERAGE FINAL COMPENSATION THAT THE MEMBER
WOULD HAVE RECEIVED IF THE MEMBER CONTINUED EMPLOYMENT WITHOUT A
CHANGE IN EARNABLE COMPENSATION.

REVISOR'S NOTE: Subsection (a) of this section is new language added for

clarity.

Subsections (b) through (d) of this section are new language derived without
substantive change from former Art. 73B, §§ 2-404(a)(2), 3-404(a)(2), and
7-404(a)(2).

In subsection (b) of this section, the reference to a "normal service retirement
allowance" is substituted for the former repetition of the formula for
computing a normal service retirement allowance, for brevity.

In subsection (d)(2) of this section, the reference to the method of
"comput[ing]" the normal service retirement allowance is substituted for the
former references to "the retirement allowance the member would have
received" to conform to § 29-108(b).

In subsection (d)(2)(i) of this section, the reference to "employment" is
substituted for the former reference to "service" to reflect that "service" is no
longer a defined term.

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Session Laws, 1994
Volume 773, Page 593   View pdf image
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