Maryland State Personnel and Pensions Section 29-104

Article - State Personnel and Pensions

§ 29-104.

      (a)      Except as provided in subsection (c) of this section and subject to subsection (d) of this section, an application for disability retirement must be submitted before the date membership ends.

      (b)      (1)      (i)      This subsection applies only to an application for an ordinary or accidental disability retirement allowance under the Employees' Pension System, Local Fire and Police System, Law Enforcement Officers' Pension System, or the Teachers' Pension System.

                  (ii)      This subsection does not apply to a 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.

                  (iii)      This subsection does not apply to a member of the Employees' Pension System or Teachers' Pension System who is subject to the contributory pension benefit under Title 23, Subtitle 2, Part II of this article.

            (2)      For the purpose of submitting an application for disability, membership continues for 4 years after paid employment ends.

      (c)      (1)      Except as provided in paragraphs (2) through (4) of this subsection, the Board of Trustees may accept an application for ordinary, accidental, or special disability retirement from a former member within 24 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)      (i)      This paragraph only applies to a former member of the Employees' Pension System or Teachers' Pension System who is subject to the contributory pension benefit under Title 23, 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 Employees' Pension System or Teachers' Pension System within 24 months after the month membership ended if the former member of the Employees' Pension System or Teachers' Pension System proves to the satisfaction of the medical board that failure to submit an application while a member of the Employees' Pension System or Teachers' Pension System was attributable solely to physical or mental incapacity during the filing period.

            (5)      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 or to an application for accidental disability under the Correctional Officers' Retirement 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.



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