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Ch. 395
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2000 LAWS OF MARYLAND
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(c) (1) Except as provided in [paragraph] PARAGRAPHS (2) AND (3) of this
subsection, the Board of Trustees may accept an application for ordinary, accidental,
or special disability retirement from a former member within 36 months after the
month membership ended if the former member proves to the satisfaction of the
medical board that failure to submit an application while a member was attributable
solely to physical or mental incapacity during the filing period.
(2) The Board of Trustees may accept an application for ordinary or
accidental disability retirement from a former member of the Teachers' Retirement
System within 12 months after the month membership ended if the former member of
the Teachers' Retirement System proves to the satisfaction of the medical board that
failure to submit an application while a member of the Teachers' Retirement System
was attributable solely to physical or mental incapacity during the filing period.
(3) (I) THIS PARAGRAPH APPLIES ONLY TO A FORMER MEMBER OF
THE LAW ENFORCEMENT OFFICERS' PENSION SYSTEM WHO IS SUBJECT TO THE LAW
ENFORCEMENT OFFICERS' MODIFIED PENSION BENEFIT UNDER TITLE 26, SUBTITLE
2, PART II OF THIS ARTICLE.
(II) THE BOARD OF TRUSTEES MAY ACCEPT AN APPLICATION FOR
ORDINARY OR ACCIDENTAL DISABILITY RETIREMENT FROM A FORMER MEMBER OF
THE LAW ENFORCEMENT OFFICERS' PENSION SYSTEM WITHIN 24 MONTHS AFTER
THE MONTH MEMBERSHIP ENDED IF THE FORMER MEMBER OF THE LAW
ENFORCEMENT OFFICERS' PENSION SYSTEM PROVES TO THE SATISFACTION OF THE
MEDICAL BOARD THAT FAILURE TO SUBMIT AN APPLICATION WHILE A MEMBER OF
THE LAW ENFORCEMENT OFFICERS' PENSION SYSTEM WAS ATTRIBUTABLE SOLELY
TO PHYSICAL OR MENTAL INCAPACITY DURING THE FILING PERIOD.
(4) If the Board of Trustees accepts a disability retirement application
under this subsection and grants a disability retirement allowance, the retirement
allowance begins as of the first day of the month after the Board of Trustees receives
the application.
(d) (1) This subsection does not apply to an application for special disability
under the State Police Retirement System OR AN APPLICATION FOR ACCIDENTAL
DISABILITY UNDER THE LAW ENFORCEMENT OFFICERS' PENSION SYSTEM.
(2) The Board of Trustees may not accept an application for accidental
disability filed by a member or former member more than 5 years after the date of the
claimed accident.
29-109.
(a) This section does not apply to the State Police Retirement System.
(b) [The] EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, THE
Board of Trustees shall grant an accidental disability retirement allowance to a
member if:
(1) the member is totally and permanently incapacitated for duty as the
natural and proximate result of an accident that occurred in the actual performance
of duty at a definite time and place without willful negligence by the member; and
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- 2158 -
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