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§ 29-109. Eligibility for accidental disability retirement allowance

West's Annotated Code of MarylandState Personnel and Pensions

West's Annotated Code of Maryland
State Personnel and Pensions (Refs & Annos)
Division II. Pensions [Titles 20-34] (Refs & Annos)
Title 29. Benefits Other than Service Retirement Benefits
Subtitle 1. Disability Benefits (Refs & Annos)
MD Code, State Personnel and Pensions, § 29-109
§ 29-109. Eligibility for accidental disability retirement allowance
Section not applicable to State Police Retirement System
(a) This section does not apply to the State Police Retirement System.
Eligibility for accidental disability retirement allowance
(b) 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.
Members of Law Enforcement Officers’ Pension System
(c) 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.

Credits

Added by Acts 1994, c. 6, § 2, eff. Oct. 1, 1994. Amended by Acts 2000, c. 395, § 2, eff. July 1, 2000.
Formerly Art. 73B, §§ 4-404, 3-404, 4-404, 5-404, 7-404, 8-402, 10-218.
MD Code, State Personnel and Pensions, § 29-109, MD ST PERS & PENS § 29-109
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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