Special disability retirement -- State Police Retirement System

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    (a)    This section applies to the State Police Retirement System.

    (b)    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:

        (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.

    (c)    Except as provided in subsection (d) of this section, a special disability retirement allowance equals the lesser of:

        (1)    the member’s average final compensation; or

        (2)    the sum of:

            (i)    an annuity that is the actuarial equivalent of the member’s accumulated contributions at retirement; and

            (ii)    a pension equal to two–thirds of the member’s average final compensation.

    (d)    (1)    This subsection applies to a member who is at least normal retirement age.

        (2)    A special disability retirement allowance equals the greater of:

            (i)    a normal service retirement allowance; or

            (ii)    a special disability retirement allowance computed in accordance with subsection (c) of this section.


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