This subtitle does not apply to the Judges’ Retirement System.

Before the Board of Trustees grants a retirement allowance for a disability, an application must be completed and submitted to the Board of Trustees in accordance with §§ 29-103 and 29-104 of this subtitle.

Subject to § 29–104 of this subtitle, an application for disability retirement may be submitted: by a member; by a former member; by a surviving beneficiary of a deceased member; or for a member, as provided in subsections (b) through (d) of this section. This subsection does not apply to members of: the State Police Retirement System; the Teachers’ Pension System; or the Teachers’ Retirement System. If a member is unable to apply, the member’s department head may complete and submit an application to the Board of Trustees for the member. This subsection applies to a member of the State Police Retirement System. The Secretary of State Police may complete an application and submit it to the Board of Trustees for a member if: the member is unable or refuses to submit an application for disability retirement; the Secretary believes the member to be permanently physically or mentally incapable of performing assigned duties; there is sufficient medical evidence in the form of a professional opinion of an independent medical practitioner who has recognized expertise in the diagnosis and treatment of the specified illness of the officer to support the Secretary’s determination of permanent disability; the onset of the disability occurred at least 1 year earlier; and any administrative leave granted under § 2-410 of the Public Safety Article has expired. This subsection does not prevent an officer from exercising rights granted under § 21-111(b) of this article. This subsection applies to members of: the Teachers’ Pension System; and the Teachers’ Retirement System. If a member is unable to apply, the member’s State or county superintendent may complete and submit an application to the Board of Trustees for the member.

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. 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. For the purpose of submitting an application for disability, membership continues for 4 years after paid employment ends. 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. 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. If the Board of Trustees accepts a disability retirement application under this subsection and grants a disability retirement allowance, the retirement allowance begins as of the first day of the month after the Board of Trustees receives the application. 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: is signed and dated by the deceased member within 7 days before the death of the member; and is received by the Board of Trustees on or before 30 days after the date of the death of the member. If the Board of Trustees receives an application under paragraph (1) of this subsection: the medical board shall review the application to determine if the deceased member was mentally or physically incapacitated for the further performance of the normal duties of the individual’s position; and the Board of Trustees shall review the application to determine if the preliminary application for disability retirement or the application for disability retirement was signed by the deceased member before the death of the member. The Board of Trustees shall grant a disability retirement allowance, if: the medical board determines that the deceased member would have been eligible for disability retirement at the time the deceased member signed the disability application; and the Board of Trustees determines that the signature is valid. 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. If the Board of Trustees accepts a disability retirement application under this subsection and grants a disability retirement allowance, the retirement allowance begins as of the first day of the month after the Board of Trustees receives the application. 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. The Board of Trustees may not accept an application for accidental disability filed by a member or former member more than 5 years after the date of the claimed accident.

The Board of Trustees shall grant an ordinary disability retirement allowance to a member if: the member has at least 5 years of eligibility service; and the medical board certifies that: the member is mentally or physically incapacitated for the further performance of the normal duties of the member’s position; the incapacity is likely to be permanent; and the member should be retired. This subsection applies only to a member of the Employees’ Pension System who: is promoted within the Department of Corrections to a position that no longer is eligible for membership in the Correctional Officers’ Pension System as provided in § 25-201 of this article; elects not to transfer the years of creditable service the individual accrued in the Correctional Officers’ Retirement System to the Employees’ Pension System; and is eligible to receive a vested allowance from the Correctional Officers’ Retirement System. A member may combine the eligibility service accrued in the Correctional Officers’ Retirement System and the Employees’ Pension System to determine if the member is eligible for an ordinary disability retirement allowance under subsection (a) of this section from the Employees’ Pension System.

This section applies only to members of: the Correctional Officers’ Retirement System; the Employees’ Retirement System; and the Teachers’ Retirement System. An ordinary disability retirement allowance equals the greater of: a normal service retirement allowance; or the amount computed under subsection (c) or (d) of this section. If a member is at least normal retirement age, the amount to be used under subsection (b)(2) of this section is 25% of the member’s average final compensation. If a member is under normal retirement age, the amount to be used under subsection (b)(2) of this section is the lesser of: 25% of the member’s average final compensation; or the normal service retirement allowance that is computed by using: the number of years of creditable service that the member would have received if the member continued employment until normal retirement age; and an average final compensation that the member would have received if the member continued employment without a change in earnable compensation.

This section applies only to members of the State Police Retirement System. An ordinary disability retirement allowance equals the greater of: a normal service retirement allowance; or 35% of the member’s average final compensation.

This section applies only to members of: the Employees’ Pension System; the Local Fire and Police System; the Law Enforcement Officers’ Pension System; and the Teachers’ Pension System. Except as provided in subsections (c), (d), and (e) of this section, an ordinary disability retirement allowance equals: if the member is at least normal retirement age, a normal service retirement allowance; or if the member is under normal retirement age, a normal service retirement allowance that is computed by using: the number of years of creditable service the member would have received if the member continued employment until normal retirement age; and an average final compensation the member would have received if the member continued employment without a change in earnable compensation. A member of the Employees’ Pension System or the Teachers’ Pension System who has transferred from the Employees’ Retirement System or the Teachers’ Retirement System shall receive the benefits provided under the State system from which the member transferred, offset by any refunded contributions including any interest received in connection with the transfer, if: the member applies for the retirement allowance within 2 years after the transfer; and the Board of Trustees grants a disability retirement allowance to the member. This subsection applies only to: a member of the Local Fire and Police Pension System who has transferred from the Employees’ Retirement System; or a member of the Law Enforcement Officers’ Pension System who has transferred from the Employees’ Retirement System after electing to receive benefits in accordance with Selection A (Additional member contributions) as defined in § 22-101(b) of this article or Selection B (Limited cost-of-living adjustment) as defined in § 22-101(c) of this article. An ordinary disability retirement allowance equals the greater of: a normal service retirement allowance; or 25% of the member’s average final compensation. This subsection applies only to a member of the Employees’ Pension System who: is promoted within the Department of Corrections to a position that no longer is eligible for membership in the Correctional Officers’ Retirement System as provided in § 25-201 of this article; elects not to transfer the years of creditable service the individual accrued in the Correctional Officers’ Retirement System to the Employees’ Pension System; and is eligible to receive a vested allowance from the Correctional Officers’ Retirement System. An ordinary disability retirement allowance equals: a normal service retirement allowance in the Correctional Officers’ Retirement System based on the member’s total years of creditable service accrued in the Correctional Officers’ Retirement System; plus an ordinary disability retirement allowance based on the member’s total years of creditable service accrued in the Employees’ Pension System.

This section does not apply to the State Police Retirement System. Except as provided in subsection (c) of this section, the Board of Trustees shall grant an accidental disability retirement allowance to a member if: 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 the medical board certifies that: the member is mentally or physically incapacitated for the further performance of the normal duties of the member’s position; the incapacity is likely to be permanent; and the member should be retired. The Board of Trustees shall grant an accidental disability retirement allowance to a member of the Law Enforcement Officers’ Pension System if: 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 the medical board certifies that: the member is totally incapacitated, either mentally or physically, for the further performance of duty; the incapacity is likely to be permanent; and the member should be retired.

This section does not apply to the State Police Retirement System. Except as provided in subsection (c) of this section, an accidental disability retirement allowance equals the lesser of: the member’s average final compensation; or the sum of: an annuity that is the actuarial equivalent of the member’s accumulated contributions at retirement; and a pension equal to two–thirds of the member’s average final compensation. This subsection applies to a member of a State system other than the Law Enforcement Officers’ Pension System who is at least normal retirement age. An accidental disability retirement allowance equals the greater of: a normal service retirement allowance; or an accidental disability retirement allowance computed in accordance with subsection (b) of this section. This subsection applies only to a member of the Employees’ Pension System who: is promoted within the Department of Corrections to a position that no longer is eligible for membership in the Correctional Officers’ Retirement System as provided in § 25–201 of this article; elects not to transfer the years of creditable service the individual accrued in the Correctional Officers’ Retirement System to the Employees’ Pension System; and is eligible to receive a vested allowance from the Correctional Officers’ Retirement System. A member may receive an accidental disability retirement allowance under this section if the member: does not elect to receive a vested allowance from the Correctional Officers’ Retirement System; and transfers the member’s accumulated contributions in the Correctional Officers’ Retirement System to the Employees’ Pension System.

This section applies to the State Police Retirement System. Except as provided in § 24–401.1(k) of this article, the Board of Trustees shall grant a special disability retirement allowance to a member if: 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 the medical board certifies that: the member is totally incapacitated, either mentally or physically, for the further performance of duty; the incapacity is likely to be permanent; and the member should be retired. Except as provided in subsection (d) of this section, a special disability retirement allowance equals the lesser of: the member’s average final compensation; or the sum of: an annuity that is the actuarial equivalent of the member’s accumulated contributions at retirement; and a pension equal to two–thirds of the member’s average final compensation. This subsection applies to a member who is at least normal retirement age. A special disability retirement allowance equals the greater of: a normal service retirement allowance; or a special disability retirement allowance computed in accordance with subsection (c) of this section.

If the Board of Trustees approves an application for disability retirement for a member of the State Police Retirement System that was filed by the Secretary of State Police under § 29-103(c) of this subtitle or § 2-415(b) of the Public Safety Article, the member: within 90 days after approval, may exercise an option as provided under §§ 21-402 and 21-403 of this article; or shall receive the basic allowance.

Subject to subsection (b) of this section, a disability retiree of the State Police Retirement System, or a beneficiary of a disability retiree of the State Police Retirement System, who retires on or before June 30, 1999, with an ordinary or special disability retirement allowance under § 29–107 or § 29–111 of this subtitle, shall receive an annual retirement allowance adjustment as of July 1, 1999, as follows: for a retiree who has been retired not more than 5 years, $1,200; for a retiree who has been retired more than 5 years but not more than 10 years, $1,500; for a retiree who has been retired more than 10 years but not more than 15 years, $1,800; and for a retiree who has been retired more than 15 years, $2,100. Each fiscal year, the Board of Trustees shall increase the adjustment received by the retiree or the beneficiary as of July 1, 1999, by multiplying the adjustment by a fraction that has: as its numerator, the Consumer Price Index for the calendar year ending December 31 of the preceding fiscal year; and as its denominator, the Consumer Price Index for the calendar year ending December 31, 1998.

A member entitled to an accidental disability retirement allowance or a special disability retirement allowance may not receive a retirement allowance for ordinary disability.

This section applies only to a disability retiree who is not eligible to receive a normal service retirement. This section does not apply to a disability retiree: who is a retiree of: the State Police Retirement System; the Law Enforcement Officers’ Pension System; the Local Fire and Police System; or 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; 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; and 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. The Board of Trustees shall, after giving notice, temporarily suspend the retiree’s allowance if the retiree: began receiving a disability retirement allowance on or after July 1, 1998; and is employed by a participating employer at an annual compensation that is at least equal to the retiree’s average final compensation at retirement. A temporary suspension under this subsection shall begin as of the date the retiree is reemployed by a participating employer under subparagraph (i)2 of this paragraph. A retiree whose allowance is temporarily suspended under this subsection is not subject to a reduction as provided in § 29–116 of this subtitle during the period of employment by a participating employer. Upon receiving satisfactory documentation that the retiree is no longer employed by a participating employer, the Board of Trustees shall reinstate the retiree’s allowance with accumulated cost–of–living adjustments from the date the allowance was temporarily suspended. The retiree’s allowance will be reinstated on the first day of the month following the month in which the retiree ceased employment with the participating employer.

This section does not apply to a disability retiree: who is a retiree of: the State Police Retirement System; the Law Enforcement Officers’ Pension System; the Local Fire and Police System; or 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 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 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 who is reemployed by a participating employer. The Board of Trustees shall reduce the pension of a retiree on ordinary disability if: the retiree is under normal retirement age; 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: the retiree’s retirement allowance at retirement; and the sum of: the retiree’s average final compensation; and $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; the Board of Trustees agrees with the medical board’s report; and the retiree’s allowance has not been temporarily suspended as provided in § 29–115 of this subtitle. The Board of Trustees shall reduce the pension of a retiree who has been receiving an ordinary disability retirement allowance for: 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 at least 10 years, by $1 for every $5 that the retiree’s current compensation exceeds the limit under subsection (b) of this section. The pension to be reduced under this section is the pension at retirement without any cost–of–living adjustment.

A disability retiree who is rehired by a participating employer may not receive creditable service or eligibility service during the period of reemployment. The disability retiree’s compensation during the period of reemployment may not be subject to the employer pickup provisions of § 21-303 of this article or any reduction or deduction as a member contribution for pension or retirement purposes. The State Retirement Agency shall institute appropriate reporting procedures with the affected payroll systems to ensure compliance with this section. Immediately on the employment of any retiree, a participating employer shall notify the State Retirement Agency of the type of employment and the anticipated earnings of the retiree. At least once each year, in a format specified by the State Retirement Agency, each participating employer shall provide the State Retirement Agency with a list of all employees included on any payroll of the employer, the Social Security numbers of the employees, and their earnings for that year. An individual who is receiving a disability retirement allowance under this title may not be employed within 45 days of the date the individual retired, on a permanent, temporary, or contractual basis, by: the State or other participating employer; or a withdrawn participating governmental unit, if the retiree was an employee of the withdrawn participating governmental unit while the withdrawn governmental unit was a participating employer.

Except as otherwise provided in this subsection, this section applies to a retiree and any designated beneficiary. This section does not apply to: a retiree of a participating governmental unit, or a designated beneficiary of that retiree; or a retiree of the Employees’ Pension System or the Employees’ Retirement System who receives a disability retirement benefit as a former employee of a county board of education or the Board of School Commissioners of Baltimore City, or a designated beneficiary of that retiree. A retiree described in subparagraph (i) of this paragraph, or a designated beneficiary of that retiree is subject to § 9–610 of the Labor and Employment Article. Subject to paragraph (2) of this subsection, the Board of Trustees shall reduce an accidental or special disability retirement benefit by any related workers’ compensation benefits paid or payable after the effective date of retirement if the workers’ compensation benefits: are paid or payable while a pension is paid or payable; and are for an accidental personal injury arising out of and in the course of the retiree’s employment by a participating employer. This paragraph applies to a retiree who was originally awarded an ordinary disability retirement benefit, but whose benefit was later converted to an accidental or special disability retirement benefit by the Board of Trustees. If the retiree was awarded related workers’ compensation benefits paid or payable after the effective date of retirement, the Board of Trustees shall adjust its reduction of the retiree’s accidental or special disability retirement benefit under paragraph (1) of this subsection to reflect any offset awarded to the retiree’s employer by the Workers’ Compensation Commission for the original ordinary disability retirement benefit. A retirement allowance may not be reduced: to be less than the sum of the retiree’s annuity and the amount authorized to be deducted for health insurance premiums; or for workers’ compensation benefits that are reimbursements for legal fees, medical expenses, or other payments made to third parties and not to the retiree. The retirement allowance to be reduced under this section is the retirement allowance at retirement without any cost–of–living adjustment. Subject to subsection (b)(2) of this section, the retirement allowance to be reduced under this section is retroactive.