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

2. (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. (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. (2) the medical board certifies that:

      1. (i) the member is totally incapacitated, either mentally or physically, for the further performance of duty;
      2. (ii) the incapacity is likely to be permanent; and
      3. (iii) the member should be retired.

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

   1. (1) the member's average final compensation; or

   2. (2) the sum of:

      1. (i) an annuity that is the actuarial equivalent of the member's accumulated contributions at retirement; and
      2. (ii) a pension equal to two-thirds of the member's average final compensation.

4. (d)

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

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

      1. (i) a normal service retirement allowance; or
      2. (ii) a special disability retirement allowance computed in accordance with subsection (c) of this section.

Added by Acts 1994, c. 6, § 2, eff. Oct. 1, 1994. Amended by Acts 2008, c. 399, § 1, eff. July 1, 2008.

Formerly Art. 73B, § 6-403.