(a) Subject to § 29–104 of this subtitle, an application for disability retirement may be submitted:
(1) by a member;
(2) by a former member;
(3) by a surviving beneficiary of a deceased member; or
(4) for a member, as provided in subsections (b) through (d) of this section.
(b) (1) This subsection does not apply to members of:
(i) the State Police Retirement System;
(ii) the Teachers’ Pension System; or
(iii) the Teachers’ Retirement System.
(2) If a member is unable to apply, the member’s department head may complete and submit an application to the Board of Trustees for the member.
(c) (1) This subsection applies to a member of the State Police Retirement System.
(2) The Secretary of State Police may complete an application and submit it to the Board of Trustees for a member if:
(i) the member is unable or refuses to submit an application for disability retirement;
(ii) the Secretary believes the member to be permanently physically or mentally incapable of performing assigned duties;
(iii) there is sufficient medical evidence in the form of a professional opinion of an independent medical practitioner who has recognized expertise in the diagnosis and treatment of the specified illness of the officer to support the Secretary’s determination of permanent disability;
(iv) the onset of the disability occurred at least 1 year earlier; and
(v) any administrative leave granted under § 2-410 of the Public Safety Article has expired.
(3) This subsection does not prevent an officer from exercising rights granted under § 21-111(b) of this article.
(d) (1) This subsection applies to members of:
(i) the Teachers’ Pension System; and
(ii) the Teachers’ Retirement System.
(2) If a member is unable to apply, the member’s State or county superintendent may complete and submit an application to the Board of Trustees for the member.
Structure Maryland Statutes
Title 29 - Benefits Other Than Service Retirement Benefits
Subtitle 1 - Disability Benefits
Section 29-101 - Scope of Subtitle
Section 29-102 - Disability Retirement Application Procedure -- Generally
Section 29-103 - Disability Retirement Application Procedure -- Who May Submit Application
Section 29-104 - Disability Retirement Application Procedure -- Limitations on Filing for Disability
Section 29-105 - Ordinary Disability Retirement -- Eligibility
Section 29-107 - Ordinary Disability Retirement -- Allowance for State Police Retirement System
Section 29-109 - Accidental Disability Retirement -- Eligibility
Section 29-110 - Accidental Disability Retirement -- Allowance
Section 29-111 - Special Disability Retirement -- State Police Retirement System
Section 29-112 - Disability Options for State Police
Section 29-113 - Annual Retirement Allowance Adjustment Under State Police Retirement System
Section 29-114 - Multiple Disability Allowances Prohibited
Section 29-115 - Temporary Suspension of Retirement Allowance
Section 29-116 - Setoff for Ordinary Disability Retirees Earning Compensation at Certain Levels