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Ch. 363
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PARRIS N. GLENDENING, Governor
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relating to disability retirees of the State retirement and pension systems.
BY repealing and reenacting, with amendments,
Article - State Personnel and Pensions
Section 29-115 and 29-116
Annotated Code of Maryland
(1997 Replacement Volume and 2001 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - State Personnel and Pensions
29-115.
(a) [If a disability retiree is under normal retirement age, the Board of
Trustees may require the disability retiree to undergo a yearly medical examination]
THIS SECTION APPLIES ONLY TO A DISABILITY RETIREE WHO IS NOT ELIGIBLE TO
RECEIVE A NORMAL SERVICE RETIREMENT.
(b) [The retiree shall be examined by a physician chosen by the Board of
Trustees at a place agreed on by the retiree and the physician conducting the
examination.
(c) If a retiree who is under normal retirement age refuses a medical
examination, the Board of Trustees may stop payment of the retiree's allowance until
the retiree withdraws the refusal.
(d) If a retiree's refusal of a medical examination continues for 1 year, the
Board of Trustees may revoke the retiree's rights in the retiree's disability retirement
allowance.
(e) ] (1) The Board of Trustees may, after giving notice [and an opportunity
for a hearing], TEMPORARILY suspend the retiree's allowance if [ THE RETIREE:
(i)] BEGAN RECEIVING A DISABILITY RETIREMENT ALLOWANCE ON
OR AFTER JULY 1, 1998; AND
(II) a retiree is employed by a participating employer at an annual
compensation that is at least equal to the retiree's average final compensation at
retirement [;
(ii) a retiree is employed by a participating employer at an annual
compensation that is less than the retiree's average final compensation at retirement
in a position similar to the position held before retirement; or
(iii) the Board of Trustees determines that a retiree has refused to
accept from the retiree's employer at retirement an offer of reemployment in a
position comparable to the position held before retirement or a position with
compensation that is at least equal to the retiree's average final compensation at
retirement].
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- 2931 -
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