reglab/statecodes huggingface dataset:
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 22 - Employees' and Teachers' Retirement Systems › Subtitle 3 - Service Credit › Section 22-306 - Purchase of Service Credit by Payment of Full Cost -- Service Credit for Elected or Appointed Officials

(a)    An elected or appointed official who elected to become a member of the Employees’ Retirement System may receive service credit for previous service as an official with the State or a participating governmental unit including service as an official before the establishment of the Employees’ Retirement System.
(b)    To receive service credit for previous service, an elected or appointed official shall complete a claim for the service credit and file it with the Board of Trustees on a form the Board of Trustees provides.
(c)    (1)    On receiving a claim for service credit for service as an official with a participating governmental unit, the Board of Trustees shall:
(i)    verify the previous service and the amount of service credit to which the member is entitled;
(ii)    compute the amount due from the participating governmental unit because of the claim; and
(iii)    submit a statement to the participating governmental unit for that amount.
(2)    The computation made under paragraph (1)(ii) of this subsection shall be based on the compensation actually received by the official from the participating governmental unit during the period for which service credit is to be granted.
(3)    A participating governmental unit that receives a statement from the Board of Trustees shall pay the amount immediately to the Board of Trustees or place it in the next budget for prompt payment when that budget becomes effective.
(d)    On receiving a claim for service credit for service as an official with the State, the Board of Trustees shall:
(1)    compute the amount due from the State; and
(2)    include in the State budget for the next fiscal year an appropriation for the amount due from the State.
(e)    (1)    An official who receives service credit under this section:
(i)    shall pay to the Board of Trustees in a single payment, within the period determined by the Board of Trustees, the member contributions, plus regular interest, that the official would have paid had the official been a member of the Employees’ Retirement System; or
(ii)    subject to paragraph (2) of this subsection, may waive the payment of any part of the member contributions plus regular interest.
(2)    If an official who receives credit under this section waives payment of any contributions or interest, the Board of Trustees shall reduce the official’s allowance by the actuarial equivalent of those contributions, plus interest to the date of retirement, that the official had not paid.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 22 - Employees' and Teachers' Retirement Systems › Subtitle 3 - Service Credit › Section 22-307 - Purchase of Service Credit by Payment of Full Cost -- Purchase of Service Credit by Former Official

A member of the Employees’ Retirement System who had served as an elected or appointed official of the State or a participating governmental unit may receive service credit for the previous service as an official including service before the establishment of the Employees’ Retirement System, if the member makes a single payment, within the period determined by the Board of Trustees, of the member contributions, plus interest, that the Board of Trustees considers appropriate.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 22 - Employees' and Teachers' Retirement Systems › Subtitle 3 - Service Credit › Section 22-308 - Creditable Service -- in General

(a)    Creditable service on which the allowance of a member is based consists of:
(1)    eligibility service, except as provided in subsection (b) of this section; and
(2)    credit for unused sick leave as provided in § 20-206 of this article.
(b)    (1)    Except as provided in paragraph (2) of this subsection, a member’s creditable service for a period of regular part-time employment equals the member’s actual employment during that period.
(2)    Subject to paragraph (3) of this subsection, a member’s creditable service for a period of regular part-time employment equals the member’s eligibility service for that period if:
(i)    the medical board determines that the member’s part-time employment is a result of a medically determined disability that prevents full-time work; and
(ii)    the member then elects to make the contributions for full-time employment required by § 22-214 of this title.
(3)    Except to the extent that a disability was aggravated after a member’s enrollment, paragraph (2) of this subsection does not apply to a disability incurred before a member’s enrollment.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 22 - Employees' and Teachers' Retirement Systems › Subtitle 4 - Service Retirement Benefits › Section 22-401 - Normal Service Retirement

(a)    A member may retire with a normal service retirement allowance if:
(1)    on or before the date of retirement, the member:
(i)    has at least 30 years of eligibility service; or
(ii)    is at least 60 years old; and
(2)    the member completes and submits a written application to the Board of Trustees stating the date when the member desires to retire.
(b)    (1)    Except as provided in paragraph (2) of this subsection, on retirement under this section, a member is entitled to receive a normal service retirement allowance that equals one fifty–fifth of the member’s average final compensation multiplied by the number of years of creditable service.
(2)    On retirement under this section, if a member’s annuity is greater than the member’s normal service retirement allowance calculated under paragraph (1) of this subsection, the member’s normal service retirement allowance shall equal the member’s annuity.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 22 - Employees' and Teachers' Retirement Systems › Subtitle 4 - Service Retirement Benefits › Section 22-402 - Early Service Retirement

(a)    A member may retire with an early service retirement allowance if:
(1)    on or before the date of retirement, the member:
(i)    has at least 25 but less than 30 years of eligibility service; and
(ii)    is less than 60 years old; and
(2)    the member completes and submits a written application to the Board of Trustees stating the date when the member desires to retire.
(b)    On retirement under this section, a member is entitled to an early service retirement allowance that equals one fifty-fifth of the member's average final compensation multiplied by the number of years of creditable service reduced by 0.5% for each month by which the member's date of retirement precedes the earlier of:
(1)    the date the member will be 60 years old; or
(2)    the date the member would have completed 30 years of eligibility service had the member continued employment.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 22 - Employees' and Teachers' Retirement Systems › Subtitle 4 - Service Retirement Benefits › Section 22-403 - Retirement After Termination of Membership

(a)    This section applies to a former member who:
(1)    was eligible for a retirement allowance under § 22-401 or § 22-402 of this subtitle when the former member's membership terminated;
(2)    did not submit a written application under § 22-401 or § 22-402 of this subtitle before membership terminated; and
(3)    has not withdrawn accumulated contributions.
(b)    (1)    A former member described in subsection (a) of this section may retire with a retirement allowance under § 22-401 or § 22-402 of this subtitle on the first day of the month after the Board of Trustees receives a written application for retirement from the former member.
(2)    A former member who retires under this section may not receive benefits for the period before the former member submitted a completed application for retirement to the Board of Trustees.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 22 - Employees' and Teachers' Retirement Systems › Subtitle 4 - Service Retirement Benefits › Section 22-405 - Governor and Surviving Spouse

(a)    Subject to subsection (d) of this section, if a Governor serves for at least:
(1)    one full term, the Governor is entitled to receive a retirement allowance equal to one–third of the annual salary received by the current Governor in office; or
(2)    two full terms, the Governor is entitled to receive a retirement allowance equal to one–half of the annual salary received by the current Governor in office.
(b)    The Board of Trustees shall suspend a retirement allowance received under this section during any period when the former Governor is employed by a unit of State government.
(c)    Except as provided in subsection (d) of this section, a Governor may not receive a retirement allowance under this section until the Governor is at least 62 years old.
(d)    (1)    A Governor who leaves office because of physical or mental disability, under Article II, Section 6(c) of the Maryland Constitution, shall immediately receive a disability retirement allowance equal to the amount the Governor would have received had the Governor completed the current term and become 62 years old.
(2)    If the physical or mental disability ends before the former Governor becomes 62 years old, the Board of Trustees shall stop the disability retirement allowance, but the former Governor shall receive the normal retirement allowance at age 62 if otherwise qualified.
(e)    On the death of a former Governor, the surviving spouse of the former Governor shall receive an allowance that is equal to one–half of the former Governor’s retirement allowance.
(f)    On the death of a Governor while in office, the deceased Governor’s surviving spouse shall receive one–half of the retirement allowance that the deceased Governor would have been entitled to receive had the deceased Governor completed the current term and become 62 years old.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 22 - Employees' and Teachers' Retirement Systems › Subtitle 4 - Service Retirement Benefits › Section 22-406.1 - Effect of Employment of Individual -- Restoration of Membership in Retirement System

(a)    Notwithstanding § 22-406 of this subtitle and Chapter 703 of the Acts of 1994, if a retiree of the Employees’ Retirement System who had an average final compensation of less than $10,000, retired from an elected position as an official of a participating governmental unit, retired with a service retirement allowance before July 1, 1994, has been reemployed in a permanent position as a State employee and would otherwise have been entitled to be restored to membership in the Employees’ Retirement System except for the enactment of Chapter 703, the Board of Trustees shall, at the option of the retiree:
(1)    restore the membership of the reemployed retiree;
(2)    stop retirement allowance payments after the last day of the month that membership is restored;
(3)    restore previous creditable service and eligibility service to the account of the member; and
(4)    on payment of the amounts required under subsection (b) of this section, credit the member with creditable service and eligibility service performed beginning the date of reemployment.
(b)    On restoration of membership, the member shall reimburse the employees’ retirement system for the retirement allowance payments made from the date of reemployment and shall pay the amount of member contributions the member would have made from the date of reemployment plus regular interest to the date of payment.
(c)    If the member later retires or dies while employed by a participating employer, the Board of Trustees shall reduce the member’s annuity reserve and pension reserve by the amount of payments made to the member during the member’s earlier retirement less any amount that the member reimbursed the Employees’ Retirement System for those payments.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 23 - Employees' and Teachers' Pension Systems › Subtitle 2 - Membership › Part I - Membership Generally › Section 23-202.1 - Membership in the Employees' Pension System -- Transfer From Teachers' Pension System

A nonfaculty employee of the Baltimore City Community College who is a member of the Teachers’ Pension System on October 1, 2002 may transfer membership to the Employees’ Pension System on or before December 31, 2002.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 23 - Employees' and Teachers' Pension Systems › Subtitle 2 - Membership › Part I - Membership Generally › Section 23-203 - Membership in the Employees' Pension System -- as a Condition of Employment

Except as provided in § 23-204 of this subtitle, an individual described in § 23-201(a) of this subtitle who becomes an employee of a participating employer on or after January 1, 1980, or who transfers membership from the Employees’ Retirement System, is a member of the Employees’ Pension System as a condition of employment.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 23 - Employees' and Teachers' Pension Systems › Subtitle 2 - Membership › Part I - Membership Generally › Section 23-205 - Membership in the Employees' Pension System -- Determination by Board of Trustees

If eligibility of an individual for membership in the Employees’ Pension System is unclear, the Board of Trustees shall determine whether the individual is a member without regard to the method of payment of the individual’s compensation.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 23 - Employees' and Teachers' Pension Systems › Subtitle 2 - Membership › Part I - Membership Generally › Section 23-206 - Membership in the Teachers' Pension System -- Scope

(a)    Except as provided in subsection (b) of this section, §§ 23-208 through 23-210 of this subtitle apply only to:
(1)    an employee of a day school in the State under the authority and supervision of a county board of education or the Baltimore City Board of School Commissioners, employed as:
(i)    a clerk;
(ii)    a helping teacher;
(iii)    a principal;
(iv)    a superintendent;
(v)    a supervisor; or
(vi)    a teacher;
(2)    a faculty employee of an educational institution supported by and under the control of the State;
(3)    a librarian or clerical employee of a library that is established or operates under the Education Article;
(4)    a professional or clerical employee of a community college that is established or operates under the Education Article;
(5)    a staff employee of the University System of Maryland, Morgan State University, or St. Mary’s College who is a member of the Teachers’ Pension System as of January 1, 1998, or who transfers from the Teachers’ Retirement System on or after January 1, 1998; or
(6)    a nonfaculty employee of the Baltimore City Community College who:
(i)    is a member of the Teachers’ Pension System as of October 1, 2002 and does not transfer to the Employees’ Pension System in accordance with § 23-202.1 of this subtitle; or
(ii)    transfers from the Teachers’ Retirement System on or after October 1, 2002.
(b)    Sections 23-208 and 23-209 of this subtitle do not apply to:
(1)    an individual who has elected to participate in an optional retirement program under Title 30 of this article;
(2)    an individual who is employed under a federal public service employment program;
(3)    a professional or clerical employee of the Department of Public Libraries of Montgomery County who is participating in the Employees’ Retirement System of Montgomery County;
(4)    a staff employee of the University System of Maryland, Morgan State University, or St. Mary’s College who becomes employed on or after January 1, 1998 in a position as a staff employee of the educational institution that was eligible for membership in the Teachers’ Retirement System or Teachers’ Pension System under Chapter 6, § 8, paragraphs 1(a) and 2(a) of the Acts of 1994;
(5)    an employee who is not a member of a State system and who accepts a position for which the budgeted hours per fiscal year are less than 500 hours in the first fiscal year of employment; or
(6)    a nonfaculty employee of the Baltimore City Community College who becomes employed on or after October 1, 2002, or who transfers to the Employees’ Pension System in accordance with § 23-202.1 of this subtitle.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 23 - Employees' and Teachers' Pension Systems › Subtitle 2 - Membership › Part I - Membership Generally › Section 23-208 - Membership in the Teachers' Pension System -- as a Condition of Employment

Except as provided in § 23-209 of this subtitle, an individual described in § 23-206(a) of this subtitle who becomes employed by a participating employer on or after January 1, 1980, or who transfers membership from the Teachers’ Retirement System, is a member of the Teachers’ Pension System as a condition of employment.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 23 - Employees' and Teachers' Pension Systems › Subtitle 2 - Membership › Part I - Membership Generally › Section 23-209 - Membership in the Teachers' Pension System -- Discretionary

The Board of Trustees may deny membership in the Teachers’ Pension System to, or make membership optional for, any class of individuals described in § 23-206(a) of this subtitle whose:
(1)    compensation is paid only partly by the State; or
(2)    employment is temporary or on other than a yearly basis.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 23 - Employees' and Teachers' Pension Systems › Subtitle 2 - Membership › Part I - Membership Generally › Section 23-210 - Membership in the Teachers' Pension System -- Determination by Board of Trustees

If eligibility of an individual for membership in the Teachers’ Pension System is unclear, the Board of Trustees shall determine whether the individual is a member.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 23 - Employees' and Teachers' Pension Systems › Subtitle 2 - Membership › Part I - Membership Generally › Section 23-211 - Membership in the Teachers' Pension System -- Continuation of Membership

Membership continues for a member who is:
(1)    on leave of absence approved by the Board of Trustees; or
(2)    in the military service within the periods specified in Title 38 of this article.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 23 - Employees' and Teachers' Pension Systems › Subtitle 2 - Membership › Part I - Membership Generally › Section 23-212 - Contributions by Members

(a)    Except as otherwise provided in this section, a member’s contribution rate is 5% of the part of the member’s earnable compensation that exceeds the taxable wage base for each year.
(b)    The contribution rate of a member who is subject to the contributory pension benefit under Part II of this subtitle is 2% of the member’s earnable compensation.
(c)    The contribution rate of a member who is subject to the Alternate Contributory Pension Selection under Part III of this subtitle is:
(1)    3% of the member’s earnable compensation received from July 1, 2006 to June 30, 2007, both inclusive;
(2)    4% of the member’s earnable compensation received from July 1, 2007 to June 30, 2008, both inclusive;
(3)    5% of the member’s earnable compensation received from July 1, 2008 to June 30, 2011, both inclusive; and
(4)    7% of the member’s earnable compensation received on or after July 1, 2011.
(d)    The contribution rate of a member who is subject to the reformed contributory pension benefit under Part IV of this subtitle is 7% of the member’s earnable compensation.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 23 - Employees' and Teachers' Pension Systems › Subtitle 2 - Membership › Part I - Membership Generally › Section 23-213 - Contributions by Members -- Regular Interest

(a)    Except as provided in subsection (b) of this section, regular interest is payable on member contributions at the rate of 5% per year compounded annually until retirement or withdrawal of contributions and interest.
(b)    Except as provided in subsection (c) of this section, no further interest shall be paid on member contributions after membership ends if the former member is not eligible to receive a vested allowance under Title 29, Subtitle 3 of this article.
(c)    (1)    In this subsection, “active member” means a member who is not separated from employment with the State or a participating employer of the Employees’ Pension System or the Teachers’ Pension System.
(2)    This subsection applies only to an individual who:
(i)    is a former member of the Alternate Contributory Pension Selection;
(ii)    is not eligible to receive a vested allowance from the Alternate Contributory Pension Selection under Title 29, Subtitle 3 of this article;
(iii)    has not withdrawn the individual’s member contributions from the Alternate Contributory Pension Selection; and
(iv)    is an active member subject to the Reformed Contributory Pension Benefit.
(3)    An individual described in paragraph (2) of this subsection shall receive regular interest at the rate described under subsection (a) of this section on the individual’s member contributions in the Alternate Contributory Pension Selection while the individual is an active member subject to the Reformed Contributory Pension Benefit.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 23 - Employees' and Teachers' Pension Systems › Subtitle 2 - Membership › Part I - Membership Generally › Section 23-214 - Employment by Private Contractors

(a)    This section applies to an individual who is:
(1)    a member of the Teachers’ Pension System;
(2)    an employee of the Baltimore City Board of School Commissioners or another county board of education; and
(3)    hired by a third party contractor to work in a school that is reconstituted by order of the Maryland State Board of Education.
(b)    An individual who is hired by a third party contractor may withdraw the member’s accumulated contributions, within the meaning of § 20-101(b) of this article, at any time while the individual is employed by the third party contractor to work in a school that is reconstituted by order of the Maryland State Board of Education.
(c)    An individual who is hired by a third party contractor and subsequently becomes employed by the Baltimore City Board of School Commissioners or another county board of education at any time while the order of reconstitution is in effect and on termination of the contract with the third party contractor:
(1)    is not subject to the provisions of § 23-215 of this subtitle;
(2)    shall be reinstated as a member of the Teachers’ Pension System;
(3)    shall be entitled to restoration of any service credit to which the individual was entitled before employment by the third party contractor whether or not the individual was vested; and
(4)    shall redeposit any of the amounts withdrawn under subsection (b) of this section with regular interest to the date of redeposit or, on retirement, the individual’s retirement allowance shall be reduced by the actuarial equivalent of the accumulated contributions withdrawn with regular interest to the date of retirement.
(d)    Except as provided in subsection (e) of this section, at any time before retirement, an individual may purchase service credit for a period of employment by a third party contractor to work in a school that is reconstituted by order of the Maryland State Board of Education if the individual:
(1)    completes a claim for the service credit and files it with the Board of Trustees on a form that the Board of Trustees provides; and
(2)    pays to the Board of Trustees in a single payment the member contributions the individual would have made for the period of employment for which service credit is being purchased plus regular interest to the date of payment.
(e)    An individual may not purchase more than 5 years of service credit for the period of employment by a third party contractor to work in a school that is reconstituted by order of the Maryland State Board of Education.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 23 - Employees' and Teachers' Pension Systems › Subtitle 2 - Membership › Part I - Membership Generally › Section 23-215 - Termination of Membership

(a)    Except as provided in § 23–215.1 of this subtitle, membership ends if the member:
(1)    is separated from employment for more than 4 years;
(2)    is separated from employment, and rehired into a position that requires enrollment in a part of the Employees’ Pension System or the Teachers’ Pension System that is subject to a different rate of member contributions and benefit accrual;
(3)    withdraws the member’s accumulated contributions;
(4)    becomes a retiree; or
(5)    dies.
(b)    Subsection (a)(2) of this section does not apply for purposes of determining eligibility for a disability retirement benefit under § 29–104(a) of this article.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 23 - Employees' and Teachers' Pension Systems › Subtitle 2 - Membership › Part I - Membership Generally › Section 23-215.1 - Member Subject to Alternate Contributory Pension Selection on or Before June 30, 2011 Â Effect of Rehiring

(a)    This section applies to a member who:
(1)    on or before June 30, 2011, is subject to the Alternate Contributory Pension Selection;
(2)    (i)    is separated from employment for 4 years or less;
(ii)    1.    is separated from employment for military service that meets the requirements of the federal Uniformed Services Employment and Reemployment Rights Act; and
2.    resumes employment within 1 year of leaving military service in a position that is included in the Employees’ Pension System or Teachers’ Pension System; or
(iii)    is separated from employment with the minimum eligibility service needed to be eligible for a vested allowance in the Alternate Contributory Pension Selection under Title 29, Subtitle 3 of this article;
(3)    does not withdraw the member’s accumulated contributions; and
(4)    does not become a retiree.
(b)    A member described in subsection (a) of this section who resumes employment in a position that is included in the Employees’ Pension System or Teachers’ Pension System, shall resume participation in the Alternate Contributory Pension Selection if the employer participates in the Alternate Contributory Pension Selection.
(c)    On or before October 1 of each year, the Board of Trustees shall submit a report in accordance with § 2–1257 of the State Government Article to the Joint Committee on Pensions that provides the number of members described under subsection (a) of this section who were:
(1)    rehired in the preceding fiscal year into a position included in the Employees’ Pension System or Teachers’ Pension System; and
(2)    participating in the Alternate Contributory Pension Selection.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 23 - Employees' and Teachers' Pension Systems › Subtitle 2 - Membership › Part I - Membership Generally › Section 23-215.2 - Transfer of Members Between Systems -- Employees' Pension or Teachers' Pension

If an individual was a member of any one of the several systems on June 30, 2011, and without incurring a break in employment of more than 30 days, becomes a member of the Employees’ Pension System or the Teachers’ Pension System on or after July 1, 2011, the individual:
(1)    shall be considered to be a new member of the Employees’ Pension System or the Teachers’ Pension System as of the date the individual joins the system; and
(2)    is subject to the same requirements to which an individual who was a member of the Employees’ Pension System or the Teachers’ Pension System on June 30, 2011, and remains a member on July 1, 2011, is subject.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 23 - Employees' and Teachers' Pension Systems › Subtitle 2 - Membership › Part II - Contributory Pension Benefit › Section 23-217 - Applicability

(a)    Except as provided in subsection (b) of this section, this Part II of this subtitle applies to an individual who is:
(1)    a member of the Employees’ Pension System or the Teachers’ Pension System; or
(2)    a member of the Employees’ Retirement System or the Teachers’ Retirement System subject to Selection C (Combination Formula) as provided in § 22-221 of this article.
(b)    This Part II of this subtitle does not apply to an individual who is:
(1)    an employee of:
(i)    a participating governmental unit that has not elected the contributory pension benefit for its employees under § 31-116 of this article; or
(ii)    a former participating governmental unit, other than Frederick County, that has withdrawn;
(2)    a member of the Employees’ Pension System or Teachers’ Pension System who transferred from the Employees’ Retirement System or Teachers’ Retirement System after April 1, 1998; or
(3)    a member who is subject to the Alternate Contributory Pension Selection under Part III of this subtitle.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 23 - Employees' and Teachers' Pension Systems › Subtitle 2 - Membership › Part II - Contributory Pension Benefit › Section 23-218 - Allowances for Creditable Service

A member who is subject to this Part II of this subtitle shall:
(1)    receive an allowance for all creditable service as follows:
(i)    for normal service retirement as provided in § 23–401(c) of this title;
(ii)    for early service retirement as provided in § 23–402 of this title;
(iii)    for ordinary disability retirement as provided in § 29–108 of this article; and
(iv)    for accidental disability retirement as provided in § 29–110 of this article;
(2)    have the allowance adjusted as provided in §§ 29–401, 29–402, 29–406, and 29–408 of this article; and
(3)    make the member contributions at the rate specified in § 23–212(b) of this subtitle.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 23 - Employees' and Teachers' Pension Systems › Subtitle 2 - Membership › Part III - Alternate Contributory Pension Selection › Section 23-221 - "Active Member" Defined; Scope

(a)    In this section, “active member” means a member who is not separated from employment with the State or a participating employer of the State.
(b)    Except as provided in subsection (d) of this section, this part applies to an individual who on or after June 30, 2006, is:
(1)    an active member of the Employees’ Pension System or the Teachers’ Pension System; or
(2)    a member of the Teachers’ Retirement System or Employees’ Retirement System who is subject to Selection C (Combination Formula) as provided in § 22–221 of this article.
(c)    (1)    This subsection applies to an individual who:
(i)    was an employee of the Somerset County Economic Development Commission on June 30, 2011, and who remains an employee through the effective date of participation for the Somerset County Economic Development Commission as a participating governmental unit; or
(ii)    1.    was an employee of the Dorchester County Council working for the Dorchester County Sanitary Commission on June 30, 2011;
2.    continues working for the Dorchester County Sanitary Commission without incurring a break in employment of more than 30 days; and
3.    becomes an employee of the Dorchester County Sanitary Commission before the effective date of participation for the Dorchester County Sanitary Commission as a participating governmental unit and remains an employee through the effective date of participation.
(2)    An individual described in paragraph (1) of this subsection shall be considered subject to the alternate contributory pension benefit under Part III of this subtitle in the same manner as an individual who was a member of the Employees’ Pension System on June 30, 2011.
(d)    This Part III does not apply to:
(1)    an employee of a participating governmental unit participating in the Employees’ Pension System that has not elected to participate in the Alternate Contributory Pension Selection under § 31–116.1 of this article or a former participating governmental unit, other than Frederick County, that has withdrawn from the Employees’ Pension System; or
(2)    a member of the Employees’ Pension System or the Teachers’ Pension System who transferred from the Employees’ Retirement System or the Teachers’ Retirement System after April 1, 1998.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 23 - Employees' and Teachers' Pension Systems › Subtitle 2 - Membership › Part III - Alternate Contributory Pension Selection › Section 23-222 - Benefits and Duties of Members

A member who is subject to this part shall:
(1)    receive an allowance for all creditable service as follows:
(i)    for normal service retirement as provided in § 23-401(d) of this title;
(ii)    for early service retirement as provided in § 23-402 of this title;
(iii)    for ordinary disability retirement as provided in § 29-108 of this article; and
(iv)    for accidental disability retirement as provided in § 29-110 of this article;
(2)    have the allowance adjusted as provided in Title 29, Subtitle 4 of this article; and
(3)    make the member contributions at the rate specified in § 23-212(c) of this subtitle.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 23 - Employees' and Teachers' Pension Systems › Subtitle 2 - Membership › Part IV - Reformed Contributory Pension Benefit › Section 23-225 - Scope

(a)    This Part IV of this subtitle (Reformed Contributory Pension Benefit) applies to:
(1)    an individual who becomes a member of the Employees’ Pension System or the Teachers’ Pension System on or after July 1, 2011; and
(2)    except as provided in § 23–215.1 of this subtitle, a member of the Employees’ Pension System or Teachers’ Pension System who separated from employment on or before June 30, 2011, and subsequently becomes employed in a position eligible for membership in the Employees’ Pension System or the Teachers’ Pension System on or after July 1, 2011.
(b)    This Part IV does not apply to an employee of:
(1)    a participating governmental unit that was participating in the Employees’ Pension System prior to July 1, 2011, and that has not elected to participate in the Alternate Contributory Pension Selection under § 31–116.1 of this article; or
(2)    a former participating governmental unit, other than Frederick County, that has withdrawn from the Employees’ Pension System.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 23 - Employees' and Teachers' Pension Systems › Subtitle 2 - Membership › Part IV - Reformed Contributory Pension Benefit › Section 23-226 - General Consideration

(a)    Except as provided in subsection (b) of this section, a member who is subject to this Part IV of this subtitle shall:
(1)    receive an allowance for all creditable service as follows:
(i)    for normal service retirement as provided in § 23–401(f) of this title;
(ii)    for early service retirement as provided in § 23–402(c) of this title;
(iii)    for a vested allowance as provided in § 29–303(b–1) of this article;
(iv)    for ordinary disability retirement as provided in § 29–108 of this article; and
(v)    for accidental disability retirement as provided in § 29–110 of this article;
(2)    have the allowance adjusted as provided in §§ 29–401, 29–402, and 29–408 of this article; and
(3)    make the member contributions at the rate specified in § 23–212(d) of this subtitle.
(b)    A member described in § 23–225(a)(2) of this subtitle is not subject to this Part IV of this subtitle with respect to the service credit earned in the member’s previous membership.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 23 - Employees' and Teachers' Pension Systems › Subtitle 3 - Service Credit › Section 23-301 - In General

A member of the Employees’ Pension System or Teachers’ Pension System is entitled to:
(1)    eligibility service as provided in §§ 23-302 through 23-308 of this subtitle; and
(2)    creditable service as provided in § 23-309 of this subtitle.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 23 - Employees' and Teachers' Pension Systems › Subtitle 3 - Service Credit › Section 23-302 - Eligibility Service -- Rules for Computation

(a)    Subject to subsections (b), (c), and (d) of this section, a member is entitled to eligibility service for periods of employment while a member of the Employees’ Pension System or the Teachers’ Pension System.
(b)    The Board of Trustees may not allow more than 1 year of service credit for a calendar year.
(c)    (1)    If a member completes at least 500 hours of employment while a member in any fiscal year, the member is entitled to 1 year of eligibility service.
(2)    Except in the first and last fiscal years or except as provided in subsection (d) of this section, a member may not receive any eligibility service for a fiscal year in which the member completes less than 500 hours of employment while a member.
(3)    In the first and last fiscal years, if a member completes less than 500 hours of employment while a member, the Board of Trustees shall prorate the eligibility service based on the number of hours worked.
(d)    If a member who is subject to the contributory pension benefit, the Alternate Contributory Pension Selection, or the Reformed Contributory Pension Benefit completes less than 500 hours of employment while a member, the Board of Trustees shall prorate the member’s eligibility service based on the number of hours worked.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 23 - Employees' and Teachers' Pension Systems › Subtitle 3 - Service Credit › Section 23-303 - Eligibility Service -- Break in Service Rules

(a)    In this section, “break in service” means a period of separation from employment in a fiscal year after the one in which a member first becomes employed, if during that fiscal year the member does not complete more than 350 hours of employment while a member.
(b)    (1)    This section applies to a member of the Employees’ Pension System or the Teachers’ Pension System who was a member of one of those State systems.
(2)    This section does not apply to:
(i)    a retiree of the Employees’ Pension System or the Teachers’ Pension System; or
(ii)    a member of the Employees’ Pension System or Teachers’ Pension System who is subject to the contributory pension benefit, the Alternate Contributory Pension Selection, or the Reformed Contributory Pension Benefit.
(c)    A member is entitled to the eligibility service to which the member was entitled before the separation from employment if:
(1)    the member has not incurred a break in service;
(2)    the member was entitled to a vested allowance at the time of the separation from employment; or
(3)    (i)    the member has completed 1 year of eligibility service after a break in service; and
(ii)    the number of consecutive years in which the member incurred a break in service is less than the years of eligibility service as a member before the break in service.
(d)    To determine if a member is eligible for prior eligibility service under subsection (c)(3)(ii) of this section, the Board of Trustees shall determine the number of years of prior eligibility service:
(1)    as of the day the member separated from employment; but
(2)    excluding any eligibility service lost because of a prior break in service.
(e)    When a member receives credit for eligibility service under subsection (c) of this section from the other system, the member has no further rights in the other system.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 23 - Employees' and Teachers' Pension Systems › Subtitle 3 - Service Credit › Section 23-304 - Eligibility Service -- Transferred Service Credit

A member is entitled to eligibility service that equals:
(1)    the member’s service credit transferred from a retirement or pension system under Title 37 of this article;
(2)    for a member who has transferred to the Employees’ Pension System from the Employees’ Retirement System or to the Teachers’ Pension System from the Teachers’ Retirement System, the member’s creditable service recognized under the previous system through the date before the member became a member of the current system;
(3)    for a member of the Employees’ Pension System, the member’s service credit transferred from a retirement or pension system under Title 31, Subtitle 1 of this article; and
(4)    for a member who has transferred between the Employees’ Pension System and the Teachers’ Pension System, the member’s eligibility service under the previous system through the date before the member became a member of the current system if the member:
(i)    is not subject to the noncontributory pension benefit in both the current and previous systems;
(ii)    is subject to the contributory pension benefit in both the current and previous systems;
(iii)    is subject to the Alternate Contributory Pension Selection in both the current and previous systems; or
(iv)    is subject to the Reformed Contributory Pension Benefit in both the current and previous systems.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 23 - Employees' and Teachers' Pension Systems › Subtitle 3 - Service Credit › Section 23-304.1 - Purchase by Member Separated From Employment Prohibited; Leave of Absence Exception

(a)    Except as provided in subsection (b) of this section, a member may not purchase service credit under this title if the member is separated from employment.
(b)    (1)    A member who is separated from employment may purchase service credit under this title for a leave of absence approved by the Board of Trustees under regulations that apply to all members, if the member purchases the service credit within 60 days after the expiration of the leave of absence.
(2)    For good cause shown, the Executive Director, in the Executive Director’s sole discretion, may extend the time period to purchase service credit under paragraph (1) of this subsection if:
(i)    the purchased service credit would allow the member to meet the eligibility service requirements to apply for an ordinary disability retirement under § 29–105(a) of this article; and
(ii)    the member completes the purchase of the service credit before the earlier of:
1.    4 years after the expiration of the leave of absence; or
2.    the date membership ends.
(3)    The Board of Trustees shall adopt regulations to carry out this subsection.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 23 - Employees' and Teachers' Pension Systems › Subtitle 3 - Service Credit › Section 23-306 - Eligibility Service -- Approved Leaves of Absence

(a)    A member is entitled to eligibility service during a leave of absence if the leave of absence:
(1)    is approved by the Board of Trustees under regulations that apply to all members similarly situated; and
(2)    is not otherwise recognized as eligibility service under this subtitle.
(b)    To receive service credit for a leave of absence described under subsection (a) of this section, a member shall pay the member contributions with regular interest, if any, as determined by the Board of Trustees under regulations that apply to all members similarly situated.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 23 - Employees' and Teachers' Pension Systems › Subtitle 3 - Service Credit › Section 23-306.1 - Eligibility Service -- State Racing Commission

(a)    (1)    Except as provided in paragraph (2) of this subsection, a member of the Employees’ Pension System who is an additional employee or agent of the State Racing Commission authorized by § 11-207 of the Business Regulation Article is entitled to eligibility service for any service on or after January 1, 1986 as an additional employee or agent of the State Racing Commission.
(2)    For the purpose of computing benefits under this Division II, a member of the Employees’ Pension System who is an additional employee or agent of the State Racing Commission authorized by § 11-207 of the Business Regulation Article is entitled to creditable service for service on or after the initial date of employment or July 1, 1991, whichever is later.
(b)    If the Board of Trustees determines that the eligibility service and creditable service granted in subsection (a) of this section creates an unfunded liability to the Employees’ Pension System, the licensees of the State Racing Commission shall pay, over a period of 25 years, an amount sufficient to amortize the unfunded liability.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 23 - Employees' and Teachers' Pension Systems › Subtitle 3 - Service Credit › Section 23-306.2 - Eligibility Service -- Purchase of Service Credit by Members Subject to Contributory Pension Benefit or Reformed Contributory Pension Benefit

(a)    A member who is subject to the contributory pension benefit, the Alternate Contributory Pension Selection, or the Reformed Contributory Pension Benefit may purchase service credit as provided in subsection (b) of this section for periods of employment described in subsection (c) of this section for which the member is not otherwise entitled.
(b)    (1)    A member who purchases service credit under this section shall:
(i)    complete a claim for the service credit and file it with the Board of Trustees on a form that the Board of Trustees provides; and
(ii)    pay to the Board of Trustees in a single payment the member contributions the member would have made for the period of employment for which service credit is being purchased if the member had earned the prior service in the same part of the Employees’ Pension System or Teachers’ Pension System in which the member is currently enrolled, plus regular interest to the date of payment.
(2)    A member may pay for service credit purchased under this section at any time before retirement.
(3)    Subject to § 414(h)(2) of the Internal Revenue Code, an individual’s accumulated contributions in excess of the amount determined under paragraph (1) of this subsection shall be refunded on request.
(c)    (1)    Except as provided in paragraph (2) of this subsection, a member may purchase service credit for a period of employment as a member of the Employees’ Pension System or Teachers’ Pension System if the member:
(i)    has withdrawn the member’s accumulated contributions after a prior termination of membership; and
(ii)    was subject to the contributory pension benefit, the Alternate Contributory Pension Selection, or the Reformed Contributory Pension Benefit when the member previously terminated membership in the Employees’ Pension System or the Teachers’ Pension System.
(2)    A member may not purchase eligibility service credit that exceeds the member’s creditable service credit.