- 10 - benefits awarded by the Board of Appeals for injuries sustained by petitioner in the workplace, rather than “retirement” benefits. To support this, petitioner points to the language of the Board of Appeals’ order, which awarded petitioner “ordinary disability” benefits rather than “ordinary disability retirement” benefits. Petitioner asserts that the Board of Appeals’ order of “ordinary disability” benefits reflects the fact that petitioner did not “retire” but was “terminated” from his job with Baltimore County, and that petitioner, who was 50 years old at the time he left his job, was ineligible for “retirement” under the ERS. It is clear on the record before us that petitioner applied for, and received, disability retirement benefits pursuant to the ERS. The ERS includes provisions that allow for retirement and the receipt of retirement benefits due to mental or physical impairment, in addition to retirement based on age or years of service. The Board of Appeals’ opinion found that petitioner was permanently incapacitated for the further performance of his duties and “deserving of ordinary disability retirement benefits”, as delineated under the ERS in Baltimore County Code section 23-53 (1988). The Board of Appeals’ order reflects this finding, despite omission of the word “retirement”. The taxation of disability retirement benefits, such as those paid to petitioner under the ERS, requires examination of sections 72, 104, and 105, and the regulations thereunder.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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