reglab/statecodes huggingface dataset:
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 13 - Contractual Employment and Service Contracts in Executive Branch › Subtitle 2 - Contractual Employees Generally › Section 13-205 - Audits

(a)    The Secretary periodically shall audit a sample of instances of contractual employment in the various units to determine whether:
(1)    justification exists in each instance to continue certification for the contractual employee; and
(2)    the guidelines adopted under § 13-203 of this subtitle have been followed.
(b)    (1)    If, as a result of an audit, the Secretary determines that services performed by a contractual employee should be performed by a permanent employee, the Secretary shall:
(i)    refuse to renew the certification for the contractual employee; and
(ii)    recommend that a position for a permanent employee be established.
(2)    If, as a result of an audit, the Secretary determines that a unit has not complied with the guidelines adopted under § 13-203 of this subtitle, the Secretary shall:
(i)    advise the unit of the nature of the noncompliance; and
(ii)    suggest alternate criteria or methods that would have complied with the guidelines.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 13 - Contractual Employment and Service Contracts in Executive Branch › Subtitle 3 - Transfers of Contractual Employees to Budgeted Positions › Section 13-302 - Transfers Authorized

If a contractual position is replaced by a budgeted position, a contractual employee in the contractual position may transfer to the budgeted position, if:
(1)    the employee meets the minimum qualifications for the budgeted position and has at least 6 continuous months of satisfactory service as of the date on which the replacement occurs;
(2)    there is a continuing need for the function to be performed;
(3)    the agency can document a competitive hiring process; and
(4)    the budgeted position replacing the contractual position was not available at the time the contractual employee was hired.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 13 - Contractual Employment and Service Contracts in Executive Branch › Subtitle 3 - Transfers of Contractual Employees to Budgeted Positions › Section 13-303 - Continuation of Contract Certification

To enable a contractual employee to participate in any required examination for a budgeted position under this subtitle, the Secretary may certify the continuation of the employee's contract for a maximum period of 1 year after the date on which the budgeted position is created.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 13 - Contractual Employment and Service Contracts in Executive Branch › Subtitle 3 - Transfers of Contractual Employees to Budgeted Positions › Section 13-304 - Rights on Transfer

(a)    A contractual employee who transfers to a budgeted position under this subtitle or who is selected to fill a budgeted position in the State Personnel Management System, without a break in service, in the same principal unit that employs the contractual employee, shall be given credit for service in the contractual position for the purpose of establishing:
(1)    steps in the pay grade applicable to the budgeted position;
(2)    annual leave; and
(3)    seniority rights.
(b)    A contractual employee who transfers to a budgeted position under this subtitle or who is selected to fill a budgeted position shall become a member of the Employees’ Pension System of the State of Maryland.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 13 - Contractual Employment and Service Contracts in Executive Branch › Subtitle 3 - Transfers of Contractual Employees to Budgeted Positions › Section 13-305 - Effect of Subtitle

This subtitle does not preclude the General Assembly from prohibiting the creation of a budgeted position or the replacement of a contractual position with a budgeted position in the State budget.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 13 - Contractual Employment and Service Contracts in Executive Branch › Subtitle 4 - Service Contracts › Section 13-401 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Service contract” means a procurement contract for services that:
(1)    will be provided to a unit in the Executive Branch of State government;
(2)    will be performed within a State-operated facility; and
(3)    in the estimation of the procurement officer, will exceed an annual cost of $100,000.
(c)    “Services” has the meaning stated in § 11-101 of the State Finance and Procurement Article.
(d)    “Unit” has the meaning stated in § 11-101 of the State Finance and Procurement Article.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 13 - Contractual Employment and Service Contracts in Executive Branch › Subtitle 4 - Service Contracts › Section 13-403 - Approval of Service Contract

(a)    A service contract may be entered into only as approved by the Board of Public Works in accordance with this subtitle.
(b)    Except as provided in subsection (c) of this section, the Board of Public Works may approve a service contract for a unit only if the Board receives a certification from the Department that:
(1)    the service contract is exempt under § 13-404(b) of this subtitle; or
(2)    the unit has complied with the requirements of § 13-404(c) of this subtitle.
(c)    If the General Assembly authorizes or requires that certain services be performed by an independent contractor, the Board of Public Works may approve a service contract for those services without the certification required by subsection (b) of this section.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 13 - Contractual Employment and Service Contracts in Executive Branch › Subtitle 4 - Service Contracts › Section 13-404 - Certifications by Department

(a)    The Department may certify a service contract to the Board of Public Works as provided in this section.
(b)    The Department may certify a service contract as being exempt from the preference stated in § 13-402 of this subtitle if:
(1)    State employees are not available to perform the services;
(2)    a conflict of interest would result if a State employee were to perform the services;
(3)    the nature of the services meets the standards set by the Department for emergency appointments;
(4)    the services are incidental to the purchase or lease of personal property or real property, such as a service agreement that is part of the purchase or rental of computers or office equipment; or
(5)    a clear need exists to obtain an unbiased finding or opinion, such as an expert witness in litigation.
(c)    The Department may certify a service contract that is not exempt under subsection (b) of this section only if:
(1)    the unit that seeks to enter into the service contract has complied with § 13-405 of this subtitle; and
(2)    the Department finds that:
(i)    the potential economic advantage of entering into the service contract is not outweighed by the preference stated in § 13-402 of this subtitle;
(ii)    the service contract does not adversely affect the affirmative action efforts of this State;
(iii)    the service contract includes adequate control mechanisms to ensure that the services will be performed in accordance with the service contract; and
(iv)    the service contract complies with all of the requirements of Division II of the State Finance and Procurement Article.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 13 - Contractual Employment and Service Contracts in Executive Branch › Subtitle 4 - Service Contracts › Section 13-405 - Information by Unit

(a)    A unit that seeks to enter into a service contract that is not exempt under § 13–403(c) or § 13–404(b) of this subtitle shall submit to the Department the information required by this section.
(b)    The unit shall submit a demonstration that the unit has taken formal and positive steps to consider alternatives to the service contract, including reorganization, reevaluation of service, and reevaluation of performance.
(c)    (1)    The unit shall submit calculations that:
(i)    compare the cost of the service contract with the cost of using State employees; and
(ii)    show savings to this State, over the duration of the service contract, of 20% of the contract or $200,000, whichever is less.
(2)    In calculating the cost comparison required by this subsection, a unit shall include:
(i)    direct costs, including fringe benefits;
(ii)    indirect overhead costs, including the proportional share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials, but only to the extent that those costs are attributed solely to the service in question and would not exist if the service were not performed by State employees;
(iii)    any continuing or transitional costs that would be directly associated with contracting for the services, including unemployment compensation and the cost of transitional services; and
(iv)    additional costs of performance of the services by State employees, including salaries and benefits of additional staff and the cost of additional space, equipment, and materials needed to perform the services.
(d)    (1)    The unit shall submit a formal plan of assistance for all State employees who will be adversely affected by the service contract.
(2)    The plan of assistance shall include:
(i)    efforts to place affected employees in vacant positions in the unit or in another unit;
(ii)    provisions in the service contract, if feasible, for the hiring by the contractor of displaced employees; and
(iii)    prior notification to affected employees in accordance with § 13–218.1 of the State Finance and Procurement Article.
(e)    (1)    A service contract that is not exempt under § 13–403(c) or § 13–404(b) of this subtitle shall be subject to a legislative audit to determine compliance with projected cost savings under subsection (c) of this section.
(2)    Audit findings from an audit conducted under paragraph (1) of this subsection shall be made available to the public.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 14 - Enforcement › Subtitle 1 - Civil Actions › Section 14-101 - Civil Actions Generally

The Secretary shall:
(1)    bring any civil action necessary to enforce those provisions of this Division I that are subject to the authority of the Secretary or any regulation adopted under them; and
(2)    defend any civil action brought against the Secretary or the Department.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 14 - Enforcement › Subtitle 1 - Civil Actions › Section 14-102 - Actions Involving Illegal Payments

(a)    A resident of this State may bring an action in a court of competent jurisdiction:
(1)    to recover, for the use of this State, a payment made in violation of this Division I or of a regulation adopted under it from the person who authorized or made the payment;
(2)    to enjoin a person, this State, or a unit of this State from authorizing a payment in violation of this Division I or of a regulation adopted under it; or
(3)    if a payroll authorization is provided for by law or regulation, to enjoin the Secretary from issuing a payroll authorization in violation of this Division I or of a regulation adopted under it.
(b)    In an action brought under this section, a judgment or other order may not be recorded as “released” or “satisfied” unless the Attorney General files with the court a notice of release or satisfaction.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 14 - Enforcement › Subtitle 1 - Civil Actions › Section 14-103 - Limitation on Defense of Sovereign Immunity

Except as otherwise specifically provided by State law, this State, its officers, and its units may not raise the defense of sovereign immunity in any administrative, arbitration, or judicial proceeding involving an employee grievance or hearing that is held under:
(1)    this Division I or a regulation adopted under it; or
(2)    a personnel policy or regulation that governs classified employees of the University System of Maryland or Morgan State University.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 14 - Enforcement › Subtitle 2 - Satisfaction of Awards › Section 14-201 - "Award" Defined

In this subtitle, “award” means a final monetary or benefit award or judgment in an administrative, arbitration, or judicial proceeding involving an employee grievance or hearing that is held under:
(1)    this Division I or a regulation adopted under it; or
(2)    a personnel policy or regulation that governs classified employees of the University System of Maryland or Morgan State University.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 14 - Enforcement › Subtitle 2 - Satisfaction of Awards › Section 14-203 - Payments -- Money Not Immediately Available

(a)    If sufficient money is not available at the time to satisfy an award made against this State or an officer or unit of this State, the affected unit or officer shall report the outstanding award to the State Comptroller.
(b)    The Comptroller shall:
(1)    keep an accounting of all outstanding awards; and
(2)    report that accounting annually to the Governor.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 14 - Enforcement › Subtitle 2 - Satisfaction of Awards › Section 14-204 - Payments -- Budget; Payment of Outstanding Awards

(a)    The Governor shall include in the State budget sufficient money to pay all awards made against this State or an officer or unit of this State.
(b)    On appropriation of money by the General Assembly, the Comptroller shall authorize payment of all outstanding awards in the order of the date on which each award was made.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 15 - Prohibited Acts and Penalties › Subtitle 1 - Prohibited Acts › Section 15-102 - Interference With Examination Rights of Others

A person may not:
(1)    willfully deceive another about the right to take an examination under this Division I; or
(2)    willfully interfere with the right of an individual to take an examination under this Division I.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 15 - Prohibited Acts and Penalties › Subtitle 1 - Prohibited Acts › Section 15-103 - Falsifying Examination Grade, Result, or Standing

A person may not willfully falsify:
(1)    an answer on an examination held under this Division I;
(2)    a grade or mark on an examination held under this Division I;
(3)    a report on the results of an examination held under this Division I; or
(4)    a report on the standing of an individual examined under this Division I.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 15 - Prohibited Acts and Penalties › Subtitle 1 - Prohibited Acts › Section 15-105 - Giving Special Information to Affect Rating for Appointment

A person may not willfully give to an individual any information about a competitive examination under this article that is not generally available to all competitors for the examination in order to improve or to harm the individual's rating for appointment.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 15 - Prohibited Acts and Penalties › Subtitle 1 - Prohibited Acts › Section 15-106 - Use of Influence to Secure Appointment

A person may not use or promise to use the person's influence or official authority to secure an appointment or an opportunity for an appointment to a position in the skilled service or professional service in exchange or as a reward for personal service or political service.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 15 - Prohibited Acts and Penalties › Subtitle 1 - Prohibited Acts › Section 15-107 - Threats or Coercion

An employee or public official of this State may not use a threat or coercion to induce or attempt to induce an employee in the skilled service or professional service:
(1)    to resign;
(2)    to take a leave of absence; or
(3)    to waive a right granted by this Division I.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 15 - Prohibited Acts and Penalties › Subtitle 2 - Criminal Penalties › Section 15-201 - Criminal Penalties

Any person who violates Subtitle 1 of this title or any regulation adopted under it is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $3,000 or imprisonment not exceeding 6 months or both.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 20 - Definitions and General Provisions › Subtitle 2 - General Provisions › Section 20-201 - Scope of Division

(a)    Except as provided in subsection (b) of this section, and except as otherwise expressly provided, this title and Titles 21 and 29 of this article apply to each State system.
(b)    Title 21, Subtitle 4 and Titles 22 through 31 of this article do not apply to the Legislative Pension Plan.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 20 - Definitions and General Provisions › Subtitle 2 - General Provisions › Section 20-205 - Average Final Compensation -- Member of Pension Systems on or Before July 1, 2011

(a)    This section applies only to an individual who on or before June 30, 2011, is a member of:
(1)    the Employees’ Pension System;
(2)    the Local Fire and Police System;
(3)    the Law Enforcement Officers’ Pension System; or
(4)    the Teachers’ Pension System.
(b)    (1)    In this subsection, “break in service” means a period of employment in which the member’s employer did not:
(i)    deduct the member contributions from the compensation of the member; or
(ii)    report the hours worked by the member.
(2)    (i)    For the purpose of computing benefits under this Division II, the average final compensation of a member equals the average annual earnable compensation of the member, adjusted as provided in this section, during the 3 consecutive years that provide the highest average earnable compensation.
(ii)    If the member experienced any break in service during the 3 consecutive years that provide the member’s highest average earnable compensation, the Board of Trustees:
1.    may not include in the computation of average final compensation the period of months of the breaks in service, that otherwise would be included in the computation; and
2.    in order to generate the highest average earnable compensation for the member, shall extend the 3-year period by an equal number of months immediately preceding or following that period.
(c)    (1)    This subsection applies to a member of the Employees’ Pension System or Teachers’ Pension System who is subject to the noncontributory pension benefit and who was on authorized leave of absence at partial pay or without pay during the last 3 years of employment as a member.
(2)    If the period used to determine average final compensation is the period that immediately precedes the date of retirement or other separation from employment, the Board of Trustees:
(i)    may not include in the computation of average final compensation the period of months of the leave of absence, not exceeding 12, that otherwise would be included in the computation; and
(ii)    shall substitute an equal number of months immediately preceding that period.
(d)    (1)    This subsection applies to a member whose eligibility service has been adjusted under this Division II to compute creditable service, on the basis of the member having completed less than the normal hours of service for the member’s position.
(2)    A member’s earnable compensation shall be adjusted to a full-time basis for any period included in the computation of average final compensation.
(e)    Except for a salary increase because of a member’s promotion, the member’s average final compensation does not include a salary increase in the last 3 years of employment if it is an extraordinary salary increase according to regulations that the Board of Trustees adopts.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 20 - Definitions and General Provisions › Subtitle 2 - General Provisions › Section 20-205.1 - Average Final Compensation -- Member of Pension Systems on or After July 1, 2011

(a)    This section applies only to an individual who on or after July 1, 2011, becomes a member of:
(1)    the Employees’ Pension System;
(2)    the Law Enforcement Officers’ Pension System; or
(3)    the Teachers’ Pension System.
(b)    (1)    In this subsection, “break in service” means a period of employment in which the member’s employer did not:
(i)    deduct the member contributions from the compensation of the member; or
(ii)    report the hours worked by the member.
(2)    (i)    For the purpose of computing benefits under this Division II, the average final compensation of a member equals the average annual earnable compensation of the member, adjusted as provided in this section, during the 5 consecutive years that provide the highest average earnable compensation.
(ii)    If the member experienced any break in service during the 5 consecutive years that provide the member’s highest average earnable compensation, the Board of Trustees:
1.    may not include in the computation of average final compensation the period of months of the breaks in service that otherwise would be included in the computation; and
2.    in order to generate the highest average earnable compensation for the member, shall extend the 5–year period by an equal number of months immediately preceding or following that period.
(c)    (1)    This subsection applies to a member whose eligibility service has been adjusted under this Division II to compute creditable service, on the basis of the member having completed less than the normal hours of service for the member’s position.
(2)    A member’s earnable compensation shall be adjusted to a full–time basis for any period included in the computation of average final compensation.
(d)    Except for a salary increase because of a member’s promotion, the member’s average final compensation does not include a salary increase in the last 5 years of employment if it is an extraordinary salary increase according to regulations that the Board of Trustees adopts.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 20 - Definitions and General Provisions › Subtitle 2 - General Provisions › Section 20-207 - Limit on Amount Used to Determine Retirement Allowance

(a)    This section does not apply to an individual who is a member of a State system on or before June 30, 1996.
(b)    Notwithstanding any other provision of law, for plan years beginning on or after July 1, 1996, the annual compensation that may be taken into account when determining the retirement allowance payable to a member of a State system, may not exceed the compensation limit under § 401(a)(17)(B) of the Internal Revenue Code and regulations adopted thereunder.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 20 - Definitions and General Provisions › Subtitle 2 - General Provisions › Section 20-208 - Allowance in Excess of Limit on Benefit Accruals Prohibited

(a)    Notwithstanding any other provision of law, the Board of Trustees may not pay an allowance that exceeds the limit on benefit accruals established from time to time under § 415 of the Internal Revenue Code.
(b)    Subject to subsections (c) and (d) of this section, the Agency shall reduce:
(1)    an allowance to the extent that it exceeds the dollar limit on an annual benefit established from time to time under § 415(b) of the Internal Revenue Code and the regulations adopted thereunder; and
(2)    the contributions and other additions to any defined contribution plan maintained by the Board of Trustees to the extent that they exceed the limit on annual additions established from time to time under § 415(c) of the Internal Revenue Code and the regulations adopted thereunder.
(c)    (1)    The dollar limit on an annual benefit is the amount set forth in § 415(b) of the Internal Revenue Code, as adjusted by the Commissioner of Internal Revenue under § 415(d) of the Internal Revenue Code as of January 1 of each calendar year.
(2)    The dollar limit for a calendar year applies to a State system’s fiscal year ending within that calendar year.
(d)    (1)    Except as provided in paragraph (2) of this subsection, the Agency shall pay a participant whose allowance was reduced under subsection (b) of this section any postretirement adjustment if payment of the postretirement adjustment does not exceed the dollar limit on benefits.
(2)    The postretirement adjustment may not exceed a participant’s basic allowance as increased by any postretirement adjustments allowable under the applicable State system.
(e)    If an individual participates in any other retirement or pension system that must be aggregated with the State system administered by the Board of Trustees, the individual’s annual benefit accrual or annual addition shall first be reduced by the other retirement or pension system to the extent necessary to comply with the requirements of § 415 of the Internal Revenue Code and the regulations adopted thereunder before any reduction is made by the Board of Trustees.
(f)    (1)    This subsection does not apply to an individual who is a member of a State system on or before June 30, 1999.
(2)    Notwithstanding any other provision of law, the Agency may not allow a member to purchase prior service credit other than in accordance with the limitations and conditions set forth in § 415(n) of the Internal Revenue Code.
(g)    A member may purchase prior service credit using funds from any fund source that is not specifically prohibited by the Internal Revenue Code.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 20 - Definitions and General Provisions › Subtitle 2 - General Provisions › Section 20-209 - Use of Forfeiture of Benefits

(a)    In conformity with § 401(a)(8) of the Internal Revenue Code, any forfeiture of benefits by a member or former member of the several systems may not be used by the Board of Trustees to pay benefit increases.
(b)    Any forfeiture of benefits by a member shall be used to reduce employer contributions.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 21 - State Retirement and Pension System › Subtitle 1 - Administration › Section 21-101 - System Established; Purpose; Status

(a)    There is a State Retirement and Pension System.
(b)    The State Retirement and Pension System shall provide benefits under this Division II for participants in the several systems.
(c)    The State Retirement and Pension System has the powers and privileges of a corporation.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 21 - State Retirement and Pension System › Subtitle 1 - Administration › Section 21-102 - Composition of System

The State Retirement and Pension System consists of:
(1)    the Correctional Officers’ Retirement System, established on July 1, 1974;
(2)    the Employees’ Pension System, established on January 1, 1980;
(3)    the Employees’ Retirement System, established on October 1, 1941;
(4)    the Judges’ Retirement System, which consists of:
(i)    the contributory plan, established on July 1, 1969; and
(ii)    the noncontributory plan, established on April 7, 1904;
(5)    the Legislative Pension Plan;
(6)    the Local Fire and Police System, established on July 1, 1989;
(7)    the Law Enforcement Officers’ Pension System, established on July 2, 1990;
(8)    the State Police Retirement System, established on July 1, 1949;
(9)    the Teachers’ Pension System, established on January 1, 1980;
(10)    the Teachers’ Retirement System, established on August 1, 1927; and
(11)    any other system or subsystem that the Board of Trustees administers.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 21 - State Retirement and Pension System › Subtitle 1 - Administration › Section 21-105 - Board of Trustees -- Officers

The Board of Trustees shall:
(1)    elect a chairman annually from its membership; and
(2)    by a majority vote of all of the trustees, elect a secretary who may be one of its members.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 21 - State Retirement and Pension System › Subtitle 1 - Administration › Section 21-106 - Board of Trustees -- Quorum; Meetings; Expenses

(a)    Each trustee is entitled to one vote on the Board of Trustees.
(b)    A majority of the trustees then serving on the Board of Trustees is a quorum for:
(1)    the transaction of any business;
(2)    the exercise of any power; or
(3)    the performance of any duty authorized or imposed by law.
(c)    The Board of Trustees shall set the times and places of its meetings.
(d)    A trustee:
(1)    may not receive compensation from the several systems for service as a trustee; but
(2)    is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 21 - State Retirement and Pension System › Subtitle 1 - Administration › Section 21-108 - Board of Trustees -- Miscellaneous Powers and Duties

(a)    (1)    The responsibility for the management, general administration, and proper operation of the several systems is vested in the Board of Trustees.
(2)    The Board of Trustees is not responsible for:
(i)    reviewing the benefit structures for any of the several systems, except for the purpose of making technical corrections; or
(ii)    considering benefit enhancements for any of the several systems.
(3)    (i)    Each trustee on the Board of Trustees is required to complete at least 8 hours of investment and fiduciary training, including training on fiduciary conduct and board governance, during a 1–year period beginning January 1.
(ii)    The training shall be approved by the Chairman of the Board of Trustees to satisfy the 8–hour requirement under subparagraph (i) of this paragraph.
(b)    In addition to the Investment Committee established under § 21-114 of this subtitle, the Board of Trustees may establish other committees.
(c)    Subject to §§ 21–122 and 21–123 of this subtitle, the Board of Trustees shall have full power to invest the assets of the several systems.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 21 - State Retirement and Pension System › Subtitle 1 - Administration › Section 21-110 - Board of Trustees -- Regulations

(a)    The Board of Trustees shall adopt regulations providing for:
(1)    the administration of the several systems;
(2)    the management of the assets of the several systems;
(3)    the transaction of its business;
(4)    the imposition of an administrative fee on any participating employer that fails to provide the information required by the State Retirement Agency to properly enroll eligible employees in the several systems;
(5)    notwithstanding the provisions of § 9–602 of the Criminal Law Article, the management of monitoring and recording, for training and quality control purposes:
(i)    incoming telephone conversations to employees of the Member Services division of the State Retirement Agency, to telephones within the offices of the State Retirement Agency; and
(ii)    outgoing telephone conversations initiated by the Member Services division’s virtual hold callback feature of the automated call distribution system; and
(6)    rules regarding the retention of recordings made in accordance with paragraph (5) of this subsection, including a prohibition on the retention of recordings for longer than 10 years.
(b)    (1)    Subject to the approval of the Board of Public Works, the Board of Trustees may adopt regulations for the administration of funds of a pension or retirement system established under §§ 7-206 and 7-603 of the Transportation Article.
(2)    The Maryland Transit Administration shall pay all financing costs of a pension or retirement system established under §§ 7-206 and 7-603 of the Transportation Article, including the pro rata share of the administrative costs that the Board of Trustees incurs.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 21 - State Retirement and Pension System › Subtitle 1 - Administration › Section 21-111 - Board of Trustees -- Administration and Enforcement; Hearings

(a)    (1)    As the Board of Trustees considers necessary to properly administer and enforce this Division II or regulations adopted under this Division II, the Board of Trustees may:
(i)    require any officer or unit of the State or of a political subdivision of the State to furnish the Board of Trustees without charge with a certified copy of any record or paper in the official custody of the officer or unit; and
(ii)    issue a summons, subpoena, or other process, for the attendance of witnesses and the production of documents before the Board of Trustees.
(2)    The Board of Trustees, or any trustee on the Board of Trustees, may administer an oath to a witness who appears before the Board of Trustees.
(b)    (1)    In addition to any hearing that Title 10 of the State Government Article requires, the Board of Trustees may hold hearings as necessary to perform its duties.
(2)    The hearings are governed by regulations of the Board of Trustees.
(3)    The Board of Trustees is not bound by technical rules of evidence.
(4)    If the Board of Trustees approves an application for disability retirement on behalf of a State police officer under § 2-415(b) of the Public Safety Article, the Board of Trustees shall hold a hearing unless the officer waives the hearing in writing.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 21 - State Retirement and Pension System › Subtitle 1 - Administration › Section 21-112 - Board of Trustees -- Annual Report and Statement

Each year the Board of Trustees shall:
(1)    publish a consolidated report that includes:
(i)    the fiscal transactions of the several systems for the preceding fiscal year;
(ii)    the amount of the accumulated cash, securities, and other assets of each State system; and
(iii)    the last balance sheet that shows the financial condition of each State system by means of an actuarial valuation of the assets and liabilities of the State system; and
(2)    provide each member and retiree with a statement that:
(i)    summarizes the information in the report under item (1) of this section;
(ii)    shows:
1.    the member’s vested benefits or the benefits the member will be entitled to on vesting;
2.    the date when the member was or will be vested; and
3.    the present value of any annuity; and
(iii)    explains any material modifications to the applicable State system during the period covered by the annual report.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 21 - State Retirement and Pension System › Subtitle 1 - Administration › Section 21-113 - Board of Trustees -- Correction of Errors in Benefits; Recovery of Improper Payments

(a)    Except as provided in § 29–409 of this article, if, because of an error, a retiree or beneficiary receives a benefit that differs from the benefit the retiree or beneficiary is entitled to receive, the Board of Trustees shall:
(1)    correct the error; and
(2)    to the extent practicable, adjust the payment to the retiree or beneficiary to provide the actuarial equivalent to which the retiree or beneficiary is correctly entitled.
(b)    (1)    Notwithstanding § 21-502 of this title, the Board of Trustees may recover the amount of any improper payment.
(2)    After due notice, if a person who receives an improper payment fails to repay the money owed, the Board of Trustees may:
(i)    begin an action to recover the amount of the improper payment and the costs of bringing the action; or
(ii)    adjust any future monthly payments of that person's allowance to recover the amount owed.
(3)    Subject to the approval of the Board of Trustees, the Executive Director of the State Retirement Agency shall:
(i)    determine any monthly adjustment under paragraph (2)(ii) of this subsection; and
(ii)    notify the person of the total amount to be recovered, the monthly adjustment, and the period of recovery.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 21 - State Retirement and Pension System › Subtitle 1 - Administration › Section 21-115 - Investment Committee -- Membership

(a)    The Board of Trustees shall:
(1)    specify by resolution the number of members of the Investment Committee; and
(2)    except as provided in subsection (b)(2) of this section, appoint annually the members of the Investment Committee from the members of the Board of Trustees.
(b)    The Board of Trustees shall ensure that the membership of the Investment Committee includes:
(1)    a representative of each of:
(i)    the Employees’ Pension System or the Employees’ Retirement System;
(ii)    the Teachers’ Pension System or the Teachers’ Retirement System; and
(iii)    the State Police Retirement System; and
(2)    three representatives from the public appointed by the Board of Trustees with the approval of the Board of Public Works for staggered 3-year terms who:
(i)    are not members, retirees, or beneficiaries under any of the several systems;
(ii)    have had experience in the management and control of large investments; and
(iii)    have at least 10 years of substantial experience as any one or a combination of the following:
1.    a portfolio manager acting in a fiduciary capacity;
2.    an employee or principal of a trust institution, investment organization, or endowment fund acting either in a management-related capacity or an investment-related capacity;
3.    a chartered financial analyst in good standing; or
4.    a professional engaged in a public or private financial or investment field that is comparable to the fields listed in this item.
(c)    The Board of Trustees may:
(1)    set additional qualifications for public members; and
(2)    adopt regulations on ethical standards and conflicts of interest for public members.
(d)    By resolution, the Board of Trustees shall designate the chairman of the Investment Committee.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 21 - State Retirement and Pension System › Subtitle 1 - Administration › Section 21-118 - State Retirement Agency -- Executive Director

(a)    (1)    The Board of Trustees shall appoint the Executive Director of the State Retirement Agency.
(2)    The Executive Director serves at the pleasure of the Board of Trustees.
(b)    The Executive Director shall:
(1)    be in charge of the State Retirement Agency;
(2)    compile annually a comprehensive budget for submission to the Board of Trustees; and
(3)    have the duties and functions that the Board of Trustees may delegate.
(c)    (1)    (i)    The Executive Director shall employ a staff to carry out the administrative duties of the several systems.
(ii)    Except as provided in § 21–315 of this title, the compensation of the Executive Director and staff shall be as provided in the State budget.
(2)    Except for employees described in paragraph (3) of this subsection, the employees are skilled service or professional service employees subject to the provisions of this article that govern skilled service or professional service employees.
(3)    An employee is in the executive service, management service, or is a special appointment in the State Personnel Management System if:
(i)    the employee holds a position that the Executive Director, with the approval of the Board of Trustees, designates as a professional or technical position that involves specialized skill, education, and knowledge; and
(ii)    the employee’s labor is predominantly intellectual rather than manual or physical.
(d)    The Executive Director and the Chief Investment Officer and staff of the Investment Division of the State Retirement Agency shall comply with the policies that the Board of Trustees prescribes about conflicts of interest and personal investments.
(e)    (1)    A document that must be executed by or for the Board of Trustees shall be signed:
(i)    by the Executive Director of the State Retirement Agency; or
(ii)    in the absence or disability of the Executive Director, by another employee whom the Executive Director, with the approval of the Chairman of the Board of Trustees, designates in writing.
(2)    If a countersignature is required, with the approval of the Chairman of the Board of Trustees, the Executive Director shall designate those employees of the State Retirement Agency who may sign.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 21 - State Retirement and Pension System › Subtitle 1 - Administration › Section 21-120 - State Retirement Agency -- Annual Report

(a)    On or before December 15 of each year, the Executive Director shall submit a report to the Board of Trustees about the operation and performance of the State Retirement Agency during the fiscal year that ended on the preceding June 30.
(b)    The report shall include data on all commissions the State Retirement Agency paid on investments during that fiscal year.
(c)    The Board of Trustees may:
(1)    prescribe the format of the report; and
(2)    require any information it considers appropriate.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 21 - State Retirement and Pension System › Subtitle 1 - Administration › Section 21-121 - State Retirement Agency -- Audit of Benefit Payments; Correction of Records; Payment of Amounts Owed

(a)    The State Retirement Agency may at any time examine the records of a participating employer to determine whether the payment of benefits to a participant and the payment of contributions by a participating employer or participant are and will be in accordance with the provisions of Division II of this article.
(b)    Whenever an audit reveals that the payment of benefits to a participant or the payment of contributions by a participating employer or participant is not in accordance with the provisions of Division II of this article:
(1)    the State Retirement Agency and participating employer shall correct their records; and
(2)    (i)    the participating employer shall pay any amounts owed to the accumulation fund of the appropriate State system; and
(ii)    the member contributions owed by the participant shall be made by the participant in accordance with § 21–312(e) of this title.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 21 - State Retirement and Pension System › Subtitle 1 - Administration › Section 21-124 - State Treasurer

(a)    (1)    The State Treasurer is the custodian of:
(i)    the accumulation, annuity savings, and expense funds of the several systems; and
(ii)    the assets of the Board of Trustees.
(2)    The State Retirement Agency shall make all payments from the accumulation, annuity savings, and expense funds of the several systems in accordance with regulations that the Board of Trustees adopts with the approval of the State Treasurer.
(b)    (1)    The State Treasurer may make arrangements with one or more duly qualified banks or trust companies in this State, organized under the laws of this State or of the United States, for:
(i)    banking services; and
(ii)    any other function that the State Treasurer considers necessary to safeguard physically the assets that the Board of Trustees manages.
(2)    The State Treasurer:
(i)    may deposit any of the securities that the Board of Trustees purchases in vaults or in other safe depositories outside the office of the State Treasurer, whether or not in this State; and
(ii)    shall deliver to the Board of Trustees a safekeeping receipt that:
1.    describes the securities that the State Treasurer deposits; and
2.    is payable on demand and without conditions to the Board of Trustees, to any designated fund of the several systems that the Board of Trustees controls, or to the State Treasurer.
(3)    The Board of Trustees shall keep on file any safekeeping receipt that the State Treasurer delivers.
(c)    (1)    Subject to paragraph (2) of this subsection, to make disbursements, the State Treasurer may keep cash on deposit in one or more duly qualified banks or trust companies in this State that are organized under the laws of this State or of the United States.
(2)    The State Treasurer may not:
(i)    keep more than 10% of the total amount in the funds of the several systems on deposit as cash; or
(ii)    keep cash that exceeds 25% of the paid–up capital and surplus of the bank or trust company in that bank or trust company.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 21 - State Retirement and Pension System › Subtitle 1 - Administration › Section 21-125 - Actuary

(a)    The Board of Trustees shall designate an actuary who shall:
(1)    give technical advice to the Board of Trustees on the operation of the funds of the several systems; and
(2)    perform other related duties that the Board of Trustees requires.
(b)    (1)    On the basis of actuarial assumptions that the Board of Trustees adopts, each year the actuary shall make a valuation of the assets and liabilities of the funds of the several systems.
(2)    Each year the Board of Trustees shall certify to the Secretary of Budget and Management and to the Governor the rates of employer contributions.
(3)    For purposes of actuarial valuation, the Board of Trustees may adopt a generally accepted method for determining the value of the assets held by the several systems.
(4)    For general ledger accounting and financial reporting, the Board of Trustees shall use generally accepted accounting principles.
(c)    (1)    At least once in each 5-year period, the actuary shall make:
(i)    actuarial investigations into the compensation, mortality, and service experience of the participants of each of the several systems; and
(ii)    a valuation of the assets and liabilities of the funds of each of the several systems.
(2)    The Board of Trustees shall:
(i)    review the results of the investigations and valuations of the actuary; and
(ii)    adopt the actuarial assumptions for each of the several systems as the Board of Trustees considers necessary.