§ 29-116
388 words·~2 min read·
/md/state-personnel-and-pensions/29-116·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§29–116.
(a)This section does not apply to a disability retiree:
(i)who is a retiree of:
1. the State Police Retirement System;
2. the Law Enforcement Officers’ Pension System;
3. the Local Fire and Police System; or
4. 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
(ii)who is reemployed by a participating employer in any position other than a probationary status law enforcement officer, a law enforcement officer, as defined in § 1–101 of the Public Safety Article, or chief; or
(i)whose average final compensation was less than the minimum annual salary on the standard State pay scale as of January 1 of the preceding calendar year; and
(ii)who is reemployed by a participating employer.
(b)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 sum of:
1. the retiree’s average final compensation; and
2. $5,000, which shall be adjusted annually by the percentage growth in the Consumer Price Index, as defined in § 29–401 of this title, in the calendar year preceding the fiscal year, and each subsequent adjustment shall be made on the amount calculated in the prior fiscal year;
(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)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)The pension to be reduced under this section is the pension at retirement without any cost–of–living adjustment.