Section 29-116 - Setoff for ordinary disability retirees earning compensation at certain levels. - Maryland Statutes

§ 29-116. Setoff for ordinary disability retirees earning compensation at certain levels.
 

(a)  Applicability of section.- This section does not apply to a retiree who is: 

(1) a retiree of: 

(i) the State Police Retirement System; 

(ii) the Law Enforcement Officers' Pension System; 

(iii) the Local Fire and Police System; or 

(iv) the Employees' Retirement System or the Employees' Pension System, if at the time of retirement the retiree was a law enforcement officer for a participating employer under § 26-201(a) of this article; and 

(2) reemployed by a participating employer in any position other than a probationary status law enforcement officer, a law enforcement officer, or chief, as defined in § 3-101 of the Public Safety Article. 

(b)  Reduction in ordinary disability pension.- The Board of Trustees shall reduce the pension of a retiree on ordinary disability if: 

(1) the retiree is under normal retirement age; 

(2) the medical board certifies in a report to the Board of Trustees that the retiree is employed by a participating employer at an annual compensation that is greater than the difference between: 

(i) the retiree's retirement allowance at retirement; and 

(ii) the retiree's average final compensation plus $5,000; 

(3) the Board of Trustees agrees with the medical board's report; and 

(4) the retiree's allowance has not been temporarily suspended as provided in § 29-115 of this subtitle. 

(c)  Amount of pension reduction.- The Board of Trustees shall reduce the pension of a retiree who has been receiving an ordinary disability retirement allowance for: 

(1) less than 10 years, by $1 for every $2 that the retiree's current compensation exceeds the limit under subsection (b) of this section; or 

(2) at least 10 years, by $1 for every $5 that the retiree's current compensation exceeds the limit under subsection (b) of this section. 

(d)  Nature of pension.- The pension to be reduced under this section is the pension at retirement without any cost-of-living adjustment. 
 

[An. Code 1957, art. 73B, §§ 2-404, 3-404, 4-404, 5-404, 6-403, 7-404, 8-402, 10-218; 1994, ch. 6, § 2; 1996, ch. 620; 1998, ch. 469; 2002, ch. 363; 2005, chs. 489, 518; 2006, ch. 479.]