WILLIAM DONALD SCHAEFER, Governor

Ch. 6

(B) PENSION SYSTEMS.

(1)      THIS SUBSECTION APPLIES TO:

(I)       THE EMPLOYEES' PENSION SYSTEM;

(II)     THE LOCAL FIRE AND POLICE SYSTEM;

(III)    THE NATURAL RESOURCES PENSION SYSTEM; AND

(IV)    THE TEACHERS' PENSION SYSTEM.

(2)      A MEMBER MAY RECEIVE A DISABILITY RETIREMENT ALLOWANCE
FOR A DISABILITY INCURRED BEFORE ENROLLMENT ONLY TO THE EXTENT THAT
THE DISABILITY WAS AGGRAVATED AFTER ENROLLMENT.

(3)      FOR THE PURPOSE OF THIS SUBSECTION, A MEMBER KEEPS THE
ENROLLMENT DATE SET IN THE STATE SYSTEM FROM WHICH THE MEMBER
TRANSFERRED, IF THE MEMBER TRANSFERRED:

(I)       FROM THE EMPLOYEES' RETIREMENT SYSTEM OR THE
TEACHERS' RETIREMENT SYSTEM TO THE EMPLOYEES' PENSION SYSTEM OR
TEACHERS' PENSION SYSTEM; OR

(II)     FROM THE EMPLOYEES' RETIREMENT SYSTEM OR THE
EMPLOYEES' PENSION SYSTEM TO THE LOCAL FIRE AND POLICE SYSTEM OR THE
NATURAL RESOURCES PENSION SYSTEM.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 73B, §§ 2-404(c), 3-404(c), 4-404(a)(2) and (b)(2),
5-404(a)(2) and (b)(2), 6-403(c), 7-404(c), 8-402(a)(2) and (b)(3), and
10-218(a)(2) and (c)(3).

The State Personnel and Pensions Article Review Committee notes, for
consideration by the General Assembly, that retirement systems and pension
systems differ in their conditions governing when a member may receive a
disability allowance for a disability that occurred before enrollment. In former
Art. 73B, §§ 2-404(c), 3-404(c), 6-403(c), and 7-404(c) (now subsection (a) of
this section), a member of a retirement system may receive the allowance only
to the extent that the disability was aggravated in the actual performance of
duty. By contrast, in former Art. 73B, §§ 4-404(b)(2), 5-404(a)(2) and (b)(2),
8-402(a)(2), and 10-218(c)(3) (now subsection (b) of this section), a member
of a pension system may receive the allowance only to the extent that the
disability was aggravated after enrollment.

Defined terms: "Correctional Officers' Retirement System" § 20-101
"Employees' Pension System" § 20-101
"Employees' Retirement System" § 20-101
"Local Fire and Police System" § 20-101
"Member" § 20-101

"Natural Resources Pension System" § 20-101
"Retirement allowance" § 20-101

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