Ch. 637                                    1996 LAWS OF MARYLAND

Section 9-503(b) and (d)

Annotated Code of Maryland

(1991 Volume and 1995 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Labor and Employment

9-503.

(b) (1) A paid police officer employed by an airport authority, a county, the
Maryland-National Capital Park and Planning Commission, a municipality, or the State,
[or] a DEPUTY SHERIFF OF Montgomery County [deputy sheriff], OR, SUBJECT TO
PARAGRAPH (2) OF THIS SUBSECTION, A PRINCE GEORGE'S COUNTY DEPUTY
SHERIFF is presumed to be suffering from an occupational disease that was suffered in
the line of duty and is compensable under this title if:

[(1)] (I) the police officer or deputy sheriff is suffering from heart disease
or hypertension; and

[(2)] (II) the heart disease or hypertension results in partial or total
disability or death.

(2) (I) A PRINCE GEORGE'S COUNTY DEPUTY SHERIFF IS ENTITLED
TO THE PRESUMPTION UNDER THIS SUBSECTION ONLY TO THE EXTENT THAT THE
INDIVIDUAL SUFFERS FROM HEART DISEASE OR HYPERTENSION THAT IS MORE
SEVERE THAN THE INDIVIDUAL'S HEART DISEASE OR HYPERTENSION CONDITION
EXISTING PRIOR TO THE INDIVIDUAL'S EMPLOYMENT AS A PRINCE GEORGE'S
COUNTY DEPUTY SHERIFF.

(II) TO BE ELIGIBLE FOR THE PRESUMPTION UNDER THIS
SUBSECTION, A PRINCE GEORGE'S COUNTY DEPUTY SHERIFF, AS A CONDITION OF
EMPLOYMENT, SHALL SUBMIT TO A MEDICAL EXAMINATION TO DETERMINE ANY
HEART DISEASE OR HYPERTENSION CONDITION EXISTING PRIOR TO THE
INDIVIDUAL'S EMPLOYMENT AS A PRINCE GEORGE'S COUNTY DEPUTY SHERIFF.

(d) (1) Except as provided in paragraph (2) of this [subtitle] SUBSECTION, any
paid fire fighter, paid fire fighting instructor, paid police officer, or any DEPUTY SHERIFF
OF Montgomery County OR PRINCE GEORGE'S COUNTY [deputy sheriff] who is eligible
for benefits under subsection (a), (b), or (c) of this section shall receive the benefits in
addition to any benefits that the individual is entitled to receive under the retirement
system in which the individual was a participant at the time of the claim.

(2) The benefits received under this title shall be adjusted so that the weekly
total of those benefits and retirement benefits does not exceed the weekly salary that was
paid to the fire fighter, fire fighting instructor, police officer, or deputy sheriff.

SECTION 2. AND BE IT FURTHER ENACTED, That, notwithstanding the
provisions of § 9-503(b)(2) of the Labor and Employment Article, a Prince George's
County deputy sheriff who is employed on or before September 30, 1996:

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