<?xml version='1.0' encoding='utf-8'?>
<baltimore-city-law heading="§ 9-3 Distributable events – Disability.">
  <section prefix="§" num="9-3" heading="Distributable events – Disability.">
    <para num="(a)" heading="“SSA determination of disability” defined.">“SSA determination of disability” means a written determination, made by a Social Security Administration’s disability determination service, hearing officer, or administrative law judge, that a member is disabled under the federal Social Security Act.</para>
    <para num="(b)" heading="In general.">If a member terminates employment as a result of a disability incurred while an employee and provides the Board of Trustees with the SSA determination of disability required by subsection (c) of this section, the member is entitled to receive the value of the member’s:<para num="(1)">if applicable, Mandatory Employee Contribution Sub-Account;</para>
      <para num="(2)">Employer Contribution Sub-Account (determined as of the date the member terminated employment); and</para>
      <para num="(3)">if applicable, Rollover Contribution Sub-Account.</para>
    </para>
    <para num="(c)" heading="SSA Determination of Disability.">
      <para num="(1)">A member who seeks to receive a distribution of his or her Employer Contribution Sub-Account as a result of a disability must provide the Board of Trustees, in accordance with procedures established by the Board, with an SSA determination of disability no later than 36 months after the member’s termination.</para>
      <para num="(2)">If a determination of disability is not provided by that deadline:<para num="(i)">the member is not eligible to receive the distribution as a result of a disability; but</para>
        <para num="(ii)">the member might still be eligible for a distribution of that sub-account under§ 9-2 {“Distributable events – Retirement”} or &lt;cite data-path="|22A|§9-5"&gt;§ 9-5 {“Distributable events – Other termination of employment”} of this subtitle&lt;/cite&gt;.</para>
      </para>
    </para>
    <para num="(d)" heading="Board’s administrative determination.">The final determination of whether a member is eligible to receive a distribution of the member’s Employer Contribution Sub-Account as a result of a disability:<para num="(1)">is made by the Board of Trustees; and</para>
      <para num="(2)">is final and binding on all persons, subject to the rights of appeal and review under § 2-17 {“Administrative appeal”} and &lt;cite data-path="|22A|§2-18"&gt;§ 2-18 {“Judicial and appellate review”} of this article&lt;/cite&gt;.</para>
    </para>
    <annotation type="History">Ord. 14-216</annotation>
  </section>
</baltimore-city-law>
