Section 29-109 - Accidental disability retirement - Eligibility. - Maryland Statutes

§ 29-109. Accidental disability retirement - Eligibility.
 

(a)  Scope of section.- This section does not apply to the State Police Retirement System. 

(b)  In general.- Except as provided in subsection (c) of this section, the Board of Trustees shall grant an accidental disability retirement allowance to a member if: 

(1) the member is totally and permanently incapacitated for duty as the natural and proximate result of an accident that occurred in the actual performance of duty at a definite time and place without willful negligence by the member; and 

(2) the medical board certifies that: 

(i) the member is mentally or physically incapacitated for the further performance of the normal duties of the member's position; 

(ii) the incapacity is likely to be permanent; and 

(iii) the member should be retired. 

(c)  Granting by Board of Trustees.- The Board of Trustees shall grant an accidental disability retirement allowance to a member of the Law Enforcement Officers' Pension System 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. 
 

[An. Code 1957, art. 73B, §§ 2-404, 3-404, 4-404, 5-404, 7-404, 8-402, 10-218; 1994, ch. 6, § 2; 2000, ch. 395, § 2.]