§ 29-118. Effect of workers' compensation benefits

   (a) Scope of section. --

   (1) Except as otherwise provided in this subsection, this section applies to a retiree and any designated beneficiary.

   (2) (i) This section does not apply to:

         1. a retiree of a participating governmental unit, or a designated beneficiary of that retiree; or

         2. a retiree of the Employees' Pension System or the Employees' Retirement System who receives a disability retirement benefit as a former employee of a county board of education or the Board of School Commissioners of Baltimore City, or a designated beneficiary of that retiree.

      (ii) A retiree described in subparagraph (i) of this paragraph, or a designated beneficiary of that retiree is subject to § 9-610 of the Labor and Employment Article.

(b) Reduction in retirement allowance. --

   (1) The Board of Trustees shall reduce an accidental or special disability retirement benefit by any related workers' compensation benefits paid or payable after the effective date of retirement if the workers' compensation benefits:

      (i) are paid or payable while a pension is paid or payable; and

      (ii) are for an accidental personal injury arising out of and in the course of the retiree's employment by a participating employer.

   (2) A retirement allowance may not be reduced:

      (i) to be less than the sum of the retiree's annuity and the amount authorized to be deducted for health insurance premiums; or

      (ii) for workers' compensation benefits that are reimbursements for legal fees, medical expenses, or other payments made to third parties and not to the retiree.

(c) Postretirement adjustments not included. -- The retirement allowance to be reduced under this section is the retirement allowance at retirement without any cost-of-living adjustment and is retroactive.

HISTORY: An. Code 1957, art. 73B, § 2-405, 3-405, 4-405, 5-405, 6-404, 7-405, 8-403, 10-219; 1994, ch. 6, § 2; 1995, ch. 3, § 1; ch. 361; 1997, chs. 142, 279; 1998, ch. 471; 2004, ch. 193; 2007, ch. 334, § 1.