WHEREAS, In 1991, during the Code Revision Process of former Article 101, §
33(d) of the Code, now § 9-610(a)(1) and (2) of the Labor and Employment Article, the
word "similar" was not included in the revised statute; and
WHEREAS, The Revisor's Note to § 9-610 of the Labor and Employment
Article stated that the revision was nonsubstantive in nature and "only for clarity and
brevity"; and
WHEREAS, In March of 1998, the Court of Special Appeals held in the
consolidated appeal of Wills v. Baltimore County and Blevins v. Baltimore County,
that the fact that the word "similar" was left out effected a material change in the law,
despite the Revisor's Note indicating no substantive change; and
WHEREAS, The Code Revision Process clearly identifies substantive issues to
be brought to the attention of the General Assembly in the Revisor's Notes; and
WHEREAS, The Court of Special Appeals interpreted the Code Revision
Process in a manner that effects a substantive change; and
WHEREAS, The General Assembly did not intend a substantive or material
change in the law; now, therefore,
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Labor and Employment
9-610.
(a) (1) Except for benefits subject to an offset under § 29-118 of the State
Personnel and Pensions Article, if a statute, charter, ordinance, resolution,
regulation, or policy, regardless of whether part of a pension system, provides a
benefit to a covered employee of a governmental unit or a quasi-public corporation
that is subject to this title under § 9-201(2) of this title or, in case of death, to the
dependents of the covered employee, payment of the benefit by the employer satisfies,
to the extent of the payment, the liability of the employer and the subsequent injury
fund for payment of SIMILAR benefits under this title.
(2) If a benefit paid under paragraph (1) of this subsection is less than
the benefits provided under this title, the employer, the Subsequent Injury Fund, or
both shall provide an additional benefit that equals the difference between the benefit
paid under paragraph (1) of this subsection and the benefits provided under this title.
(3) The computation of an additional benefit payable under paragraph
(2) of this section shall be done at the time of the initial award and may not include
any cost of living adjustment after the initial award.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1999.
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