PARRIS N. GLENDENING, Governor                             Ch. 372

(d) If a retiree's refusal of a medical examination continues for 1 year, the Board
of Trustees may revoke the retiree's rights in the retiree's pension.

(E) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, IF
THE MEDICAL BOARD FINDS AFTER A MEDICAL EXAMINATION THAT A DISABILITY
RETIREE WHO IS UNDER NORMAL RETIREMENT AGE IS NO LONGER MENTALLY OR
PHYSICALLY INCAPACITATED FOR THE FURTHER PERFORMANCE OF THE NORMAL
DUTIES OF THE POSITION OF THE RETIREE AT THE TIME OF RETIREMENT, THE
BOARD OF TRUSTEES MAY, AFTER GIVING NOTICE AND AN OPPORTUNITY FOR A
HEARING, SUSPEND THE RETIREE'S ALLOWANCE.

(2) THE BOARD OF TRUSTEES MAY NOT SUSPEND A RETIREE'S
ALLOWANCE UNDER THIS SECTION UNLESS:

(I) A RETIREE IS EMPLOYED IN A POSITION THAT REQUIRES THE
RETIREE'S ALLOWANCE TO BE SUSPENDED UNDER § 29-117 OF THIS SUBTITLE;

(II) A RETIREE IS EMPLOYED IN A POSITION THAT DOES NOT
REQUIRE THE RETIREE'S ALLOWANCE TO BE SUSPENDED UNDER § 29-117 OF THIS
SUBTITLE, BUT IS EMPLOYED IN A POSITION SIMILAR TO THE POSITION HELD
BEFORE RETIREMENT OR A POSITION WITH COMPENSATION THAT IS AT LEAST
EQUAL TO THE RETIREE'S AVERAGE FINAL COMPENSATION AT RETIREMENT: OR

(III) THE BOARD OF TRUSTEES DETERMINES, AFTER GIVING
NOTICE AND AN OPPORTUNITY FOR A HEARING, THAT A RETIREE HAS REFUSED TO
ACCEPT FROM THE RETIREE'S EMPLOYER AT RETIREMENT AN OFFER OF
REEMPLOYMENT IN A POSITION COMPARABLE TO THE POSITION HELD BEFORE
RETIREMENT OR A POSITION WITH COMPENSATION THAT IS AT LEAST EQUAL TO
THE RETIREE'S AVERAGE FINAL COMPENSATION AT RETIREMENT.

(2) (3) A RETIREE WHOSE ALLOWANCE IS SUSPENDED UNDER THIS
SUBSECTION MAY RECEIVE A VESTED ALLOWANCE AS PROVIDED UNDER TITLE 29,
SUBTITLE 3 OF THIS ARTICLE, IF THE RETIREE HAD AT LEAST 5 YEARS OF
ELIGIBILITY SERVICE AT RETIREMENT.

[(e)](F) A member who retires on or after July 1, 1982, and receives a disability
retirement allowance shall provide yearly medical and earnings information on request of
the Board of Trustees.

[(f)] (G) If the retiree refuses to provide the information, the Board of Trustees
shall suspend the retiree's allowance until the information is provided.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1995.

Approved May 18, 1995.

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