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<section article="gsp" article_name="State Personnel and Pensions" number="29-108" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="1" subtitle_name="Disability Benefits">
  <level label="a">
    <text>This section applies only to members of:</text>
    <level label="1">
      <text>the Employees’ Pension System;</text>
    </level>
    <level label="2">
      <text>the Local Fire and Police System;</text>
    </level>
    <level label="3">
      <text>the Law Enforcement Officers’ Pension System; and</text>
    </level>
    <level label="4">
      <text>the Teachers’ Pension System.</text>
    </level>
  </level>
  <level label="b">
    <text>Except as provided in subsections (c), (d), and (e) of this section, an ordinary disability retirement allowance equals:</text>
    <level label="1">
      <text>if the member is at least normal retirement age, a normal service retirement allowance; or</text>
    </level>
    <level label="2">
      <text>if the member is under normal retirement age, a normal service retirement allowance that is computed by using:</text>
      <level label="i">
        <text>the number of years of creditable service the member would have received if the member continued employment until normal retirement age; and</text>
      </level>
      <level label="ii">
        <text>an average final compensation the member would have received if the member continued employment without a change in earnable compensation.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <text>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:</text>
    <level label="1">
      <text>the member applies for the retirement allowance within 2 years after the transfer; and</text>
    </level>
    <level label="2">
      <text>the Board of Trustees grants a disability retirement allowance to the member.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>This subsection applies only to:</text>
      <level label="i">
        <text>a member of the Local Fire and Police Pension System who has transferred from the Employees’ Retirement System; or</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
    </level>
    <level label="2">
      <text>An ordinary disability retirement allowance equals the greater of:</text>
      <level label="i">
        <text>a normal service retirement allowance; or</text>
      </level>
      <level label="ii">
        <text>25% of the member’s average final compensation.</text>
      </level>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>This subsection applies only to a member of the Employees’ Pension System who:</text>
      <level label="i">
        <text>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;</text>
      </level>
      <level label="ii">
        <text>elects not to transfer the years of creditable service the individual accrued in the Correctional Officers’ Retirement System to the Employees’ Pension System; and</text>
      </level>
      <level label="iii">
        <text>is eligible to receive a vested allowance from the Correctional Officers’ Retirement System.</text>
      </level>
    </level>
    <level label="2">
      <text>An ordinary disability retirement allowance equals:</text>
      <level label="i">
        <text>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</text>
      </level>
      <level label="ii">
        <text>an ordinary disability retirement allowance based on the member’s total years of creditable service accrued in the Employees’ Pension System.</text>
      </level>
    </level>
  </level>
</section>
