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FRANKLIN G. HARRIS v. MARYLAND STATE RETIREMENT AND PENSION SYSTEM

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FRANKLIN G. HARRIS v. MARYLAND STATE RETIREMENT AND PENSION SYSTEM

FRANKLIN G. HARRIS v. MARYLAND STATE RETIREMENT AND PENSION SYSTEM

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Administrative Law — Retirement an Pension System — Accidental disability

The Employees’ Retirement System for certain Maryland state employees has two tiers of disability retirement benefits: ordinary disability retirement benefits and accidental disability retirement benefits. Accidental disability retirement benefits are more generous than ordinary disability retirement benefits. To recover accidental disability retirement benefits, members of the system must show that they are “totally and permanently incapacitated for duty as the natural and proximate result of an accident that occurred in the actual performance of duty at a definite time and place without willful negligence by the member[.]”

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