§ 5-1-222. ALLOWANCE ON ORDINARY DISABILITY RETIREMENT.

(a)

This subsection applies to a member who began service before July 1, 2007. Upon retirement for ordinary disability, a member shall receive an ordinary disability retirement allowance which shall consist of:

(1)

An annuity which shall be the actuarial equivalent of the member's accumulated contributions at the time of retirement; and

(2)

A pension which, together with the member's annuity, shall provide a total allowance equal to one fifty-fifth (1/55) of the member's average final compensation in the case of a Group 3 member who either was a member on December 31, 1960, and elected to make such increased contributions or became a member on or after January 1, 1961, provided that the member joined the system not more than two years after the member's date of employment as provided in § 5-1-203 of this subtitle, except that a Group 3 member whose allowance for service retirement is calculated under § 5-1-214(a)(2) of this subtitle shall have the member's allowance under this section calculated in accordance with § 5-1-214(a)(2) of this subtitle, and one-fortieth (1/40) of the member's average final compensation in the case of a Group 3 member who at retirement is an appointed department head and retires on or after July 1, 1971, multiplied by the number of years of the member's creditable service; and in the case of a Group 4 member, equal to one-fortieth (1/40) of the member's average final compensation multiplied by the number of years of the member's creditable service not in excess of twenty (20) and one-fiftieth (1/50) of the member's average final compensation multiplied by the number of years of the member's creditable service in excess of twenty (20). The minimum retirement allowance shall be equal to one-quarter (1/4) of the member's average final compensation, increased by one fifty-fifth (1/55) of the member's average final compensation in the case of a Group 3 member, for each year of creditable service in excess of ten (10) years to a maximum of one-third of the member's average final compensation. In the case of a Group 4 member retiring on or after July 1, 1979, the minimum retirement allowance shall be equal to one-half (½) of the member's average final compensation.

(b)

In the case of a Group 4 member, the minimum retirement allowance shall be equal to one-half (1/2) of the member's average final compensation.

(c)

(1)

This subsection applies to a member who begins service on or after July 1, 2007.

(2)

Upon retirement for ordinary disability, a member shall receive an ordinary disability retirement allowance which shall consist of:

(i)

An annuity which shall be the actuarial equivalent of the member's accumulated contributions at the time of retirement; and

(ii)

A pension which, together with the member's annuity, shall provide a total allowance equal to one-seventieth (1/70) of the member's average final compensation in the case of a Group 3 member, and one-fortieth (1/40) of the member's average final compensation in the case of a Group 3 member who at retirement is an appointed department head multiplied by the number of years of the member's creditable service; and in the case of a Group 4 member, equal to one-fortieth (1/40) of the member's average final compensation multiplied by the number of years of the member's creditable service not in excess of twenty (20) and one-fiftieth (1/50) of the member's average final compensation multiplied by the number of years of the member's creditable service in excess of twenty (20).

(3)

The minimum retirement allowance shall be equal to one-quarter (1/4) of the member's average final compensation, increased by one-seventieth (1/70) of the member's average final compensation in the case of a Group 3 member, for each year of creditable service in excess of ten (10) years to a maximum of one-third (1/3) of the member's average final compensation.

(d)

No ordinary disability retirement allowance payable to any member shall exceed the allowance which would otherwise be payable to the member were the member's service to continue until the attainment of the member's normal service retirement age.

(1988 Code, § 23-54) (Bill No. 131-93, § 2, 12-18-1993; Bill No. 32-03, § 1, 7-1-2004; Bill No. 42-07, § 2, 6-6-2007; Bill No. 47-07, § 2, 7-1-2007; Bill No. 48-07, § 2, 7-1-2007; Bill No. 30-10, § 2, 7-1-2010)

Editor's note:
  Section 2 of Bill No. 42-07 added subsections (b) and (c) to this section. Thereafter, section 2 of Bill No. 48-07 added a subsection (b) to this section. As a result, subsections (b) and (c), as added by Bill No. 42-07, have been renumbered as subsections (c) and (d).
  Section 7 of Bill No. 30-10 provides that the change made in subsection (a)(2) of this section shall apply to any Group 3 member who has not filed an application for a disability retirement before April 19, 2010.