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BOARD OF TRUSTEES v. CHES

[No. 154, September Term, 1981.]

294 Md. 668 (1982)

452 A.2d 422

BOARD OF TRUSTEES OF THE FIRE AND POLICE EMPLOYEES RETIREMENT SYSTEM OF THE CITY OF BALTIMORE v. STEPHEN J. CHES, JR.

Court of Appeals of Maryland.

Decided November 23, 1982.

Attorney(s) appearing for the Case

L. William Gawlik, Assistant City Solicitor, with whom were Benjamin L. Brown, City Solicitor, and Sheldon H. Press, Chief Solicitor, on the brief, for appellant.

Leslie L. Gladstone for appellee.

The cause was argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ.

DAVIDSON, J., delivered the opinion of the Court.

This case presents a question concerning the circumstances under which a disabled police officer is entitled to receive a special disability retirement benefit pursuant to Baltimore City Code (1976 Ed.), Art. 22, § 34 (e).1 That section provided:

"(e) Special disability benefit. Upon the application of a member or the head of his department, any

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