Maryland State Personnel and Pensions Section 29-111

Article - State Personnel and Pensions

§ 29-111.

      (a)      This section applies to the State Police Retirement System.

      (b)      The Board of Trustees shall grant a special disability retirement allowance to a member 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.

      (c)      Except as provided in subsection (d) of this section, a special disability retirement allowance equals the lesser of:

            (1)      the member's average final compensation; or

            (2)      the sum of:

                  (i)      an annuity that is the actuarial equivalent of the member's accumulated contributions at retirement; and

                  (ii)      a pension equal to two-thirds of the member's average final compensation.

      (d)      (1)      This subsection applies to a member who is at least normal retirement age.

            (2)      A special disability retirement allowance equals the greater of:

                  (i)      a normal service retirement allowance; or

                  (ii)      a special disability retirement allowance computed in accordance with subsection (c) of this section.



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