Current with changes from the 2024 Legislative Session
Section 29-116 - Setoff for ordinary disability retirees earning compensation at certain levels(a) This section does not apply to a disability retiree:(1)(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; or4. 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(2)(i) whose average final compensation was less than $25,000; 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; and2. $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.Amended by 2023 Md. Laws, Ch. 49, Sec. 2, eff. 4/11/2023.Amended by 2017 Md. Laws, Ch. 279, Sec. 1, eff. 7/1/2017.Amended by 2016 Md. Laws, Ch. 212, Sec. 1, eff. 7/1/2016.