§ 29-104. Restrictions relating to disability retirement applications
West's Annotated Code of MarylandState Personnel and PensionsEffective: June 1, 2010
Effective: June 1, 2010
MD Code, State Personnel and Pensions, § 29-104
§ 29-104. Restrictions relating to disability retirement applications
(a) Except as provided in subsections (c) and (d) of this section and subject to subsection (e) of this section, an application for disability retirement must be submitted before the date membership ends.
(b)(1) This subsection applies only to an application for an ordinary or accidental disability retirement allowance filed by a member of the Employees' Pension System or the Teachers' Pension System who is not subject to the contributory pension benefit or the Alternate Contributory Pension Selection and who separated from employment on or before June 30, 2005.
(c)(1) Except as provided in paragraph (2) of this subsection, the Board of Trustees may accept an application for ordinary, accidental, or special disability retirement from a former member within 24 months after the month membership ended if the former member proves to the satisfaction of the medical board that failure to submit an application while a member was attributable solely to physical or mental incapacity during the filing period.
(2) The Board of Trustees may accept an application for ordinary or accidental disability retirement from a former member of the Teachers' Retirement System within 12 months after the month membership ended if the former member of the Teachers' Retirement System proves to the satisfaction of the medical board that failure to submit an application while a member of the Teachers' Retirement System was attributable solely to physical or mental incapacity during the filing period.
(d)(1) The Board of Trustees shall accept an application for ordinary, accidental, or special disability retirement from a surviving beneficiary of a deceased member, if a preliminary application for disability retirement or an application for disability retirement:
(4) In order for the signature to be valid, a surviving beneficiary shall submit to the Board of Trustees an affidavit signed by an individual who witnessed the deceased member signing the preliminary application for disability retirement or the application for disability retirement before the death of the member.
(e)(1) This subsection does not apply to an application for special disability under the State Police Retirement System or an application for accidental disability under the Law Enforcement Officers' Pension System or to an application for accidental disability under the Correctional Officers' Retirement System.
Credits
Added by Acts 1994, c. 6, § 2, eff. Oct. 1, 1994. Amended by Acts 1995, c. 372, § 1, eff. Oct. 1, 1995; Acts 1996, c. 438, § 3, eff. July 1, 1996; Acts 1997, c. 158, § 1, eff. Oct. 1, 1997; Acts 1998, c. 472, § 1, eff. July 1, 1998; Acts 2000, c. 395, § 2, eff. July 1, 2000; Acts 2000, c. 396, § 1, eff. July 1, 2000; Acts 2000, c. 573, § 1, eff. July 1, 2000; Acts 2001, c. 34, § 1, eff. April 10, 2001; Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2005, c. 493, § 1, eff. July 1, 2005; Acts 2007, c. 337, § 1, eff. July 1, 2007; Acts 2010, c. 597, § 1, eff. June 1, 2010.
Formerly Art. 73B, §§ 2-404, 3-404, 4-404, 5-404, 7-404, 8-402, 10-218.
MD Code, State Personnel and Pensions, § 29-104, MD ST PERS & PENS § 29-104
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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