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PARRIS N. GLENDENING, Governor
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Ch. 280
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(b) On or before June 30 of each year, the Department of Business and
Economic Development shall determine and report to the Commission the rate of
change in the Consumer Price Index in the preceding calendar year, using as the
Consumer Price Index the lower of:
(1) the Consumer Price Index (all urban consumers, all item index)
published by the United States Department of Labor for the Washington,
D.C.-Baltimore CMSA; or
(2) the United States city average consumer price index (all urban
consumers, all item index).
(c) (1) On or before July 31 of each year, the Commission shall publish the
amount of the cost of living adjustment that shall become effective on January 1 of the
following year.
(2) The cost of living adjustment may not exceed 5%.
(d) The compensation payable to a covered employee under this Part V of this
subtitle shall be adjusted by:
(1) multiplying the initial rate of compensation by the cost of living
adjustment; and
(2) adding the product to the compensation, as adjusted, paid during the
prior year.
(e) (1) If a covered employee who is entitled to compensation under this Part
V of this subtitle also receives federal Social Security disability insurance benefits,
the adjusted annual compensation paid shall be reduced to the extent necessary to
avoid a diminution of the federal Social Security disability insurance benefits.
(2) If federal Social Security law on disability insurance benefits no
longer imposes a diminution in the payment of the adjustment in compensation,
payments of compensation shall be made to the full extent allowed under this section.
(F) (1) THIS SUBSECTION APPLIES ONLY TO A COVERED EMPLOYEE WHO:
(I) IS ENTITLED TO COMPENSATION UNDER THIS PART V OF THIS
SUBTITLE FOR WHICH THE COMPENSATION PAYABLE TO THE COVERED EMPLOYEE
IS NOT ADJUSTED BY THE ANNUAL COST OF LIVING ADJUSTMENT UNDER
SUBSECTION (A) OF THIS SECTION; AND
(II) WAS A VICTIM OF A VIOLENT CRIME WHICH RESULTED IN THE
COVERED EMPLOYEE RECEIVING AN AWARD UNDER THIS ACT FOR PERMANENT
TOTAL DISABILITY.
(2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN ADDITION
TO COMPENSATION PAID BY ANY OTHER SOURCE WHICH THE COVERED EMPLOYEE
RECEIVES FOR A PERMANENT TOTAL DISABILITY AWARD, THE SUBSEQUENT INJURY
FUND SHALL PAY THE COVERED EMPLOYEE THE ANNUAL COST OF LIVING
ADJUSTMENT DESCRIBED UNDER SUBSECTIONS (A) THROUGH (C) OF THIS SECTION.
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- 1653 -
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