Board of Trustees of Fire & Police Employees Retirement System v. Kielczewski

ROBERT M. BELL, Judge.

The Board of Trustees of the Fire and Police Employees Retirement System of the City of Baltimore City, appellant, appeals from a judgment of the Circuit Court for Baltimore City. That court reversed the decision of a hearing examiner, finding appellee, Ronald J. Kielczewski, entitled to an ordinary disability, as opposed to a special disability, retirement. Two questions are presented for our resolution:

1. Did the lower court err in construing the Special Disability retirement benefit so that the applicant did not have to prove a physical incapacity?

2. Did the lower…