WILLIAM DONALD SCHAEFER, Governor

Ch. 6

(1)      THE MEMBER IS TOTALLY AND PERMANENTLY INCAPACITATED
FOR DUTY ARISING OUT OF OR IN THE COURSE OF THE ACTUAL PERFORMANCE OF
DUTY WITHOUT WILLFUL NEGLIGENCE BY THE MEMBER; AND

(2)      THE MEDICAL BOARD CERTIFIES THAT:

(I)       THE MEMBER IS TOTALLY INCAPACITATED, EITHER
MENTALLY OR PHYSICALLY, FOR THE FURTHER PERFORMANCE OF DUTY;

(II)     THE INCAPACITY IS LIKELY TO BE PERMANENT; AND

(III)    THE MEMBER SHOULD BE RETIRED.

(C)     ALLOWANCE — IN GENERAL.

EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, A SPECIAL
DISABILITY RETIREMENT ALLOWANCE EQUALS THE LESSER OF:

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

(2)      THE SUM OF:

(I)       AN ANNUITY THAT IS THE ACTUARIAL EQUIVALENT OF THE
MEMBER'S ACCUMULATED CONTRIBUTIONS AT RETIREMENT; AND

(II)     A PENSION EQUAL TO TWO-THIRDS OF THE MEMBER'S
AVERAGE FINAL COMPENSATION.

(D)     SAME — EXCEPTION.                                                         

(1)      THIS SUBSECTION APPLIES TO A MEMBER WHO IS AT LEAST NORMAL
RETIREMENT AGE.

(2)      A SPECIAL DISABILITY RETIREMENT ALLOWANCE EQUALS THE
GREATER OF:

(I)       A NORMAL SERVICE RETIREMENT ALLOWANCE; OR

(II)     A SPECIAL DISABILITY RETIREMENT ALLOWANCE COMPUTED
IN ACCORDANCE WITH SUBSECTION (C) OF THIS SECTION.

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

Subsections (b), (c), and (d) of this section are new language derived without
substantive change from former Art. 73B, § 6-403(b)(1)(ii) and (iii) and
(b)(2).

Defined terms: "Accumulated contributions" § 20-101
"Annuity" § 20-101

"Average final compensation" § 20-101
"Board of Trustees" § 20-101
"Medical board" § 20-101
"Member" § 20-101

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