Ch. 6                                            1994 LAWS OF MARYLAND

(2)      THE MEDICAL BOARD CERTIFIES IN A REPORT TO THE BOARD OF
TRUSTEES THAT THE RETIREE IS ENGAGED IN A GAINFUL OCCUPATION PAYING
MORE THAN THE DIFFERENCE BETWEEN:

(I)       THE RETIREE'S RETIREMENT ALLOWANCE AT RETIREMENT;
AND

(II)     THE RETIREE'S AVERAGE FINAL COMPENSATION PLUS $5,000;
AND

(3)      THE BOARD OF TRUSTEES AGREES WITH THE MEDICAL BOARD'S
REPORT.

(B) AMOUNT OF PENSION REDUCTION.

THE BOARD OF TRUSTEES SHALL REDUCE THE PENSION OF A RETIREE WHO
HAS BEEN RECEIVING AN ORDINARY DISABILITY RETIREMENT ALLOWANCE FOR:

(1)      LESS THAN 10 YEARS, BY $1 FOR EVERY $2 THAT THE RETIREE'S
CURRENT COMPENSATION EXCEEDS THE LIMIT UNDER SUBSECTION (A) OF THIS
SECTION; OR

(2)      AT LEAST 10 YEARS, BY $1 FOR EVERY $5 THAT THE RETIREE'S
CURRENT COMPENSATION EXCEEDS THE LIMIT UNDER SUBSECTION (A) OF THIS
SECTION.

REVISOR'S NOTE: This section formerly was Art. 73B, §§ 2-404(f)(1)(ii), (iv),
and (vi), 3-404(f)(2), (4), and (6), 4-404(c)(2)(ii), (iv), and (vi),
5-404(c)(2)(ii), (iv), and (vi), 6-403(f)(l)(ii), (iv), and (vi), 7-404(f)(1)(ii),
(iv), and (vi), 8-402(c)(2)(ii), (iv), and (vi), and 10-218(e).

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

In subsection (a)(2) of this section, the former reference to a gainful
occupation that a retiree is "able to engage in" is deleted as meaningless,
because pensions are reduced on the basis of a retiree's actual earnings, not
potential earnings. See subsection (b) of this section.

Former Art. 73B, §§ 2-404(f)(1)(iii), 3-404(f)(3), 4-404(c)(2)(iii),
5-404(c)(2)(iii), 6-403(f)(1)(iii), 7-404(f)(1)(iii), and 8-402(c)(2)(iii), which
authorized a modified pension if a retiree's earning capacity changed, are
deleted as meaningless. The annual setoff in this section is based on actual
earnings and not on earning capacity.          

Former Art. 73B, §§ 2-404(f)(1)(v), 3-404(f)(5), 4-404(c)(2)(v),
5-404(c)(2)(v), 6-403(f)(1)(v), 7-404(f)(1)(v), and 8-402(c)(2)(v), which
excluded accidental disability retirees, are deleted as unnecessary since
throughout this section the provisions apply only to an ordinary disability
retiree.                                                                                   

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