§ 29-106. Ordinary disability retirement - Allowance for Employees', Teachers', and Correctional Officers' Retirement Systems.
(a) Scope of section.- This section applies only to members of:
(1) the Correctional Officers' Retirement System;
(2) the Employees' Retirement System; and
(3) the Teachers' Retirement System.
(b) Computation of allowance - In general.- An ordinary disability retirement allowance equals the greater of:
(1) a normal service retirement allowance; or
(2) the amount computed under subsection (c) or (d) of this section.
(c) Computation of allowance - For member at least normal retirement age.- If a member is at least normal retirement age, the amount to be used under subsection (b)(2) of this section is 25% of the member's average final compensation.
(d) Computation of allowance - For member under normal retirement age.- If a member is under normal retirement age, the amount to be used under subsection (b)(2) of this section is the lesser of:
(1) 25% of the member's average final compensation; or
(2) the normal service retirement allowance that is computed by using:
(i) the number of years of creditable service that the member would have received if the member continued employment until normal retirement age; and
(ii) an average final compensation that the member would have received if the member continued employment without a change in earnable compensation.
[An. Code 1957, art. 73B, §§ 2-404, 3-404, 7-404; 1994, ch. 6, § 2.]