Larry J. and Catherine E. France - Page 11

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          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.                  






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