§ 29-109
209 words·~1 min read·
/md/state-personnel-and-pensions/29-109·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§29–109.
(a)This section does not apply to the State Police Retirement System.
(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.
(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.