2013 Maryland Code
STATE PERSONNEL AND PENSIONS
§ 29-111 - Special disability retirement -- State Police Retirement System

§29-111.

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

(b) Except as provided in § 24-401.1(k) of this article, 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.