Williаm G. McComas appeals from an order of the Circuit Court for Baltimore City which affirmed an award to him by the Criminal Injuries Compensation Board of $45,000 for *145 outstanding medical expenses and permanent total disability-
ISSUE
Whether thе amendments to Md. Ann.Code art. 26A (1987) are applicable to appellant’s claim before the Criminal Injuries Compensation Board (“Board”) which was filed prior to the effective date of the amendments 1 .
FACTS
Chapter 250 of Md.Laws 1988 amended the Criminal Injuries Compensation Act, Md.Ann. Code art. 26A. It increased the number of members of the Board from three to five, significantly altered the procedure for reviewing and deciding claims for compensation, gave final decision-making authority to the Secretary of Public Safety and Correctional Services, and limited the amount of compensation that may be awarded. Although all of these amendments bear оn this case, the one at issue is the limit on compensation.
Article 26A, § 12(b) requires disability awards to be calculated in accordance with Md.Ann.Code art. 101, § 36. Pursuant to article 26A, § 12(b) and article 101, § 36, as they existed prior to July 1, 1988, the amount of benefits available for a permanent total disability was essentially unlimited, because the benefits continued throughout the period of disability. Effective July 1, 1988, chapter 250 of Md.Laws 1988 amended article 26A, § 12 by adding § 12(a)(2) which *146 limited аwards of compensation. Relevant to the instant case, § 12(a)(2) provides, “the maximum amount awarded under all of the provisions of this Act shall not exceed $45,000, including any subsequent and supplemental awards.”
On July 25, 1986, appеllant filed a criminal injuries claim with the Board. On March 4, 1987, the case was heard before a single commissioner in accordance with article 26A, § 8, as it existed prior to the enactment of chapter 250 of the Md.Laws 1988. On August 19, 1987, the commissioner concluded that “[t]he claimant is an innocent victim of a crime” and ordered that appellant be awarded “$666.80 for unreimbursed medical expenses.” The commissioner also concluded that , because “[t]he nature and extent of the claimant’s injuries were not determinable at the time of the hearingf,] a further determination will be ma[d]e as to the nature and extent of the claimant’s disability, based upon further submissions of medical evidence and after due deliberation.”
Because it found that appellant was not the innocent victim of a crime, the Board, on August 14, 1988, reversed the commissioner’s award to appellant. Subsequently, the Attorney General ruled that the Board’s order reversing the commissioner’s award was “not authorized by law or rules of procedure” and, on February 2,1989, the Board, applying the limit on awards set forth in article 26A, § 12(a)(2), awarded appellant $45,000, 2 the maximum permitted under the 1988 amendment.
DISCUSSION
Appellant contends that the amendments to the Criminal Injuries Compensation Act should not be applied retrospectively to his claim either because the amendments *147 affect his substantive rights or because such an application would be contrary to the legislature’s intent. 3 We shall address his contentions. We note, however, that the application of the amendments to appellant’s claim is gоverned by our holding, infra, that the rights created by the Criminal Injuries Compensation Act are purely statutory and, as such, unless vested, are subject to repeal or amendment at the will of the legislature.
I.
In 1968, the General Assembly enаcted Md. Ann. Code art. 26A. It is modeled on New York’s statute which created the Crime Victim’s Compensation Board.
Criminal Inj. Comp. Bd. v. Gould,
Moreover, every victim of crime does not have an expectation of benefits under article 26A. A claimant must be innocent of the crime upon which the claim is based, § 5, and the claimant must have incurred “serious financial hardship” as a result of the injury. Section 12(f)(1). Thus, no matter how grievous the injury to a crime victim, only when the Board has determined that all of the statutory requirements are met may an award of compensation be granted.
Williams v. Criminal Inj. Comp. Bd.,
Because the rights and obligations created by article 26A originated with the statute itself, amendments apply to all claims to which the Board has not granted an award. In
In Re Samuel M.,
Treatment as a juvenile is not an inherent right but one granted by the state legislature [;] therefore the legislature may restrict or qualify thаt right as it sees fit, as long as no arbitrary or discriminatory classification is involved.
This is also supported by the Court of Appeals in
Beechwood Coal Co. v. Lucas,
Our views are reinforced by the special rule of statutory construction that rights which are of purely statutory origin and have no basis at commоn law are wiped out when the statutory provision creating them is repealed, regardless of the time of their accrual, unless the rights concerned are vested. (Citation omitted).
The same rule of statutory construction was applied in
Aviles v. Eshelman Elec. Corp.,
Whether the amendment limiting comрensation to $45,000 applies to appellant’s claim also turns on whether he had a vested right to compensation before the effective date of the amendment. “A vested right is a right so fixed that it
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is not dependent on any future act, contingency or decision to make it more secure____”
Vaughn v. Nadel,
On August 19, 1987, a commissioner awarded appellant $666.80 for unreimbursed medical expenses. The commissioner declined to make a further award until the extent of appellant’s injuries could be determined. Additional financial assistance of $45,000 was awarded on February 8, 1989. Consequently, appellant did not have a vested, legally enforceable right to compensation beyond $666.80 until February 8, 1989.
II.
Appellant further contends that it would be contrary to the legislature’s intent to apply the amendments to his pending claim. He argues that statutes are presumed to act prospectively and, thus, because the legislature did not expressly rebut the presumption, the amendments cannot be applied retroactively to affect his claim. While apрellant’s statement of the law is generally correct,
see Miles Laboratories v. Doe,
Amendments to purely statutory rights are not bound by this general rule. As we discussed,
supra,
purely statutory rights that have not vested may be amended or repealed at the whim of the legislature. Clearly this application affects acts that have already occurred which potentially may give rise to these rights. Absent a saving provision or some other clear expression by the legislature that it intends to protect claims that are pending on the date
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of enactment, an amendment of a purely statutory right affects all claims not yet vested.
See Aviles,
Section 12(a)(2) of article 26A, which limited compensation awards to a total of $45,000, became effective July 1, 1988. At that time, appellant had been awarded compensation in the amount of $666.80 and had a рending claim for additional benefits. Appellant did not have a vested, legally enforceable right to compensation beyond $666.80. Accordingly, appellant’s award of compensation made after the аmendments were enacted was correctly limited to $45,000.
JUDGMENT AFFIRMED; COSTS TO BE PAID BY APPELLANT.
Notes
. Appellant presents the following three issues which we consolidated into the one stated:
I. The statute as amended does not apply because а final decision had been made before the amendment became effective;
II. The statute as amended does not apply retrospectively to the appellant’s claim; and
III. The statute as amеnded does not apply because its application would interfere with substantive rights of the appellant. The first and third issues will be addressed in section I of the discussion and the second issue will be addressed in section II of thе discussion.
. The award consisted of $26,402.83 for unreimbursed medical expenses and $18,597.17 for permanent total disability, payable at the rate of $370 per month retroactive to March 17, 1986, the day appellant was injured.
. In
The Arundеl Corporation and Tidewater Quarries, Inc. v. County Commissioners of Carroll County, Maryland,
No. 95, September Term, 1990,
