(a) This section applies to the State Police Retirement System. (b) Except as provided in § 24-401.1(k) of this article, the Board of Trustees shall grant a special disability retirement allowance to a member if: (1) the member is totally and permanently incapacitated for duty arising out of or in the course of the actual performance of duty without willful negligence by the member; and (2) the medical board certifies that: (i) the member is totally incapacitated, either mentally or physically, for the further performance of duty; (ii) the incapacity is likely to be permanent; and (iii) the member should be retired. (c) Except as provided in subsection (d) of this section, a special disability retirement allowance equals the lesser of: (1) the member's average final compensation; or (2) the sum of: (i) an annuity that is the actuarial equivalent of the member's accumulated contributions at retirement; and (ii) a pension equal to two-thirds of the member's average final compensation. (d) (1) This subsection applies to a member who is at least normal retirement age. (2) A special disability retirement allowance equals the greater of: (i) a normal service retirement allowance; or (ii) a special disability retirement allowance computed in accordance with subsection (c) of this section.
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