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after the attainment of age 60 or after 30 years of service with
Baltimore County. Baltimore County Code sec. 23-48 (1988).
In addition to service retirement, the ERS provides for two
kinds of retirement benefits incident to disability: Ordinary
and accidental. Ordinary disability retirement benefits are
available
Upon the application of a member in service or of
the employer * * * who has had five (5) or more years
of creditable service * * * provided that the Medical
Board, after a medical examination of such member,
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.
Baltimore County Code sec. 23-53 (1988). Accidental disability
retirement benefits are available to a 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”. Baltimore County Code
sec. 23-55 (1988).
In November 1996, the board of trustees of the ERS denied
petitioner’s application for disability retirement benefits
because it was unable to certify that petitioner was mentally or
physically incapacitated. Petitioner appealed the decision to
the County Board of Appeals of Baltimore County (Board of
Appeals).
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Last modified: May 25, 2011