Section 29-111 - Special disability retirement - State Police Retirement System. - Maryland Statutes

§ 29-111. Special disability retirement - State Police Retirement System.
 

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

(b)  Eligibility.- 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)  Allowance - In general.- 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)  Allowance - Exception.-  

(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. 
 

[An. Code 1957, art. 73B, § 6-403; 1994, ch. 6, § 2; 2008, ch. 399.]