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PARRIS N GLENDENING, Governor Ch. 395
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(2) the medical board certifies that:
(i) the member is mentally or physically incapacitated for the
further performance of the normal duties of the member's position;
(ii) the incapacity is likely to be permanent; and
(iii) the member should be retired.
(C) THE BOARD OF TRUSTEES SHALL GRANT AN ACCIDENTAL DISABILITY
RETIREMENT ALLOWANCE TO A MEMBER OF THE LAW ENFORCEMENT OFFICERS'
PENSION SYSTEM IF:
(1) THE MEMBER IS TOTALLY AND PERMANENTLY INCAPACITATED FOR
DUTY ARISING OUT OF OR IN THE COURSE OF THE ACTUAL PERFORMANCE OF DUTY
WITHOUT WILLFUL NEGLIGENCE BY THE MEMBER; AND
(2) THE MEDICAL BOARD CERTIFIES THAT:
(I) THE MEMBER IS TOTALLY INCAPACITATED, EITHER MENTALLY
OR PHYSICALLY, FOR THE FURTHER PERFORMANCE OF DUTY;
(II) THE INCAPACITY IS LIKELY TO BE PERMANENT; AND
(III) THE MEMBER SHOULD BE RETIRED.
29-303.
(a) This section applies only to members of:
(1) the Employees' Pension System;
(2) the Local Fire and Police System;
(3) the Law Enforcement Officers' Pension System; or
(4) the Teachers' Pension System.
(b) A member is eligible to receive a vested allowance if:
(1) the member separated from employment other than by death or
retirement; and
(2) the member has at least 5 years of eligibility service.
(c) Except as provided in subsections (e), [and] (f), AND (G) of this section, a
vested allowance:
(1) is a deferred allowance that begins at normal retirement age;
(2) is computed as a normal service retirement allowance on the basis of
the member's average final compensation and eligibility service at separation from
employment; and
(3) may be paid in one of the optional forms of allowances under §
21-403 of this article.
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