Upon the application of a member in service or of the employer, any member who has
been totally and permanently incapacitated for duty as the natural and proximate result
of an accident occurring while in the actual performance of duty at some definite
time and place, without willful negligence on the member's part, shall be retired
by the Board of Trustees; provided that the Medical Board shall certify that such
member is mentally or physically incapacitated for the further performance of duty,
that such incapacity is likely to be permanent, and that such member should be retired.
No beneficiary entitled to an accidental disability retirement allowance shall receive
any allowance on account of ordinary disability. For purposes of this section, a disability
does not include a disability provided for under § 5-1-206 of this subtitle.
Editor's note:
Section 3 of Bill No. 87-15
provides that this Act, having passed by the affirmative vote of five members of the
County Council shall take effect retroactive to January 1, 2012.
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