WILLIAM DONALD SCHAEFER, Governor

Ch. 6

IF THE RETIREE REFUSES TO PROVIDE THE INFORMATION, THE BOARD OF
TRUSTEES SHALL SUSPEND THE RETIREE'S ALLOWANCE UNTIL THE INFORMATION
IS PROVIDED.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 73B, §§ 2-404(e) and (h), 3-404(e) and (h),
4-404(c)(1) and (4), 5-404(c)(1) and (5), 6-403(e) and (g), 7-404(e) and (h),
8-402(c)(1)and (d), and 10-218(e).

In subsection (b) of this section, the requirement that a retiree be examined
by a physician chosen by the Board of Trustees is broadened to apply to
retirees of the State Police Retirement System, to conform to practice. The
former reference to an examination of a retiree of the State Police Retirement
System by the medical board is deleted as misleading.

In subsection (e) of this section, the defined term "retirement allowance" is
substituted for the former reference to "benefits" for consistency.

In subsections (c) and (f) of this section, the references to "the Board of
Trustees" are added for clarity.

The State Personnel and Pensions Article Review Committee notes, for
consideration by the General Assembly, that this section, requiring medical
examinations and earning statements of all disability retirees for purposes of
determining whether income can be reduced, has no practical effect on
accidental disability retirees. Accidental disability retirees receive allowances
based on their actual past income, not on their income potential. Therefore, a
medical examination of an accidental disability retiree, useful only to gauge
earning potential, can reveal no information that could be used to offset an
accidental disability retiree's income. Moreover, this section is silent as to how
the Board of Trustees should use the findings of an examination. Under
current law, a retiree may continue to receive allowances regardless of medical
status or earning capacity.

Defined terms: "Allowance" § 20-101
"Board of Trustees" § 20-101
"Member" § 20-101
"Normal retirement age" § 20-101
"Pension" § 20-101
"Retiree" § 20-101
"Retirement allowance" § 20-101

29-116. SETOFF FOR ORDINARY DISABILITY RETIREES ENGAGED IN GAINFUL
OCCUPATION.

(A) REDUCTION IN ORDINARY DISABILITY PENSION.

THE BOARD OF TRUSTEES SHALL REDUCE THE PENSION OF A RETIREE ON
ORDINARY DISABILITY IF:

(1) THE RETIREE IS UNDER NORMAL RETIREMENT AGE;

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