§ 29-110. Accidental disability retirement - Allowance.
(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, an accidental 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.
(c) Exception.-
(1) This subsection applies to a member of a State system other than the Law Enforcement Officers' Pension System who is at least normal retirement age.
(2) An accidental disability retirement allowance equals the greater of:
(i) a normal service retirement allowance; or
(ii) an accidental disability retirement allowance computed in accordance with subsection (b) of this section.
(d) Members transferring contributions in Correctional Officers' Retirement System to Employees' Pension System.-
(1) This subsection applies only to a member of the Employees' Pension System who:
(i) is promoted within the Department of Corrections to a position that no longer is eligible for membership in the Correctional Officers' Retirement System as provided in § 25-201 of this article;
(ii) elects not to transfer the years of creditable service the individual accrued in the Correctional Officers' Retirement System to the Employees' Pension System; and
(iii) is eligible to receive a vested allowance from the Correctional Officers' Retirement System.
(2) A member may receive an accidental disability retirement allowance under this section if the member:
(i) does not elect to receive a vested allowance from the Correctional Officers' Retirement System; and
(ii) transfers the member's accumulated contributions in the Correctional Officers' Retirement System to the Employees' Pension System.
[An. Code 1957, art. 73B, §§ 2-404, 3-404, 4-404, 5-404, 7-404, 8-402, 10-218; 1994, ch. 6, § 2; 1996, ch. 438, § 3; 1998, ch. 530, § 2; 2005, ch. 149.]