reglab/statecodes huggingface dataset:
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 21 - State Retirement and Pension System › Subtitle 4 - Optional Forms of Allowance › Section 21-405 - Change in Designated Beneficiary -- Prohibited for Retirees of Judges' Retirement System

A retiree of the Judges’ Retirement System who has elected an optional form of an allowance under this subtitle may not change the designated beneficiary.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 21 - State Retirement and Pension System › Subtitle 4 - Optional Forms of Allowance › Section 21-406 - Final Payment

(a)    (1)    If a designated beneficiary who is receiving payments for life dies on or before the 15th day of a month, the Board of Trustees may not pay any portion of the designated beneficiary’s allowance to the designated beneficiary’s estate for the month in which the death occurs.
(2)    If a designated beneficiary who is receiving payments for life dies on or after the 16th day of a month, the Board of Trustees shall pay to the designated beneficiary’s estate the entire allowance due to the designated beneficiary for the month in which the death occurs.
(b)    (1)    If a retiree dies on or before the 15th day of a month, the Board of Trustees may not pay any portion of the retiree’s allowance to the designated beneficiary or the retiree’s estate for the month in which the death occurs.
(2)    If a retiree dies on or after the 16th day of a month, the Board of Trustees shall pay the entire allowance due to the retiree for the month in which the death occurs:
(i)    to the designated beneficiary; or
(ii)    if there is no designated beneficiary, to the retiree’s estate.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 21 - State Retirement and Pension System › Subtitle 5 - Benefit Administration › Section 21-501 - Deductions From Allowance

(a)    A retiree may elect to have the Board of Trustees deduct from the retiree’s allowance and pay for the retiree:
(1)    dues for an employee organization;
(2)    payments to the State Employees’ Credit Union of Maryland, Inc.;
(3)    all or part of a premium for:
(i)    insurance offered through an employee organization; or
(ii)    State-approved medical insurance for retirees; or
(4)    any other deduction that the Board of Trustees allows by regulation, in the interest of members or retirees.
(b)    (1)    A retiree who participates in medical insurance offered through a county may elect to have the Board of Trustees deduct from the retiree’s allowance and pay to the county all or part of the premium for locally approved medical insurance.
(2)    Except for payments in accordance with paragraph (1) of this subsection, the State system or any unit of the State is not responsible for paying for medical insurance offered through a county.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 21 - State Retirement and Pension System › Subtitle 5 - Benefit Administration › Section 21-502 - Exemptions From Execution; Permissible Assignments

(a)    (1)    Except as provided in paragraph (2) of this subsection, a person may not attach, execute, garnish, or otherwise seize any current or future benefit under this Division II or any money in a fund created under this Division II.
(2)    In accordance with regulations adopted by the Board of Trustees, a court of competent jurisdiction may expressly order that a benefit under this Division II be assigned in a decree or order of alimony, child support, or divorce, or in a court–approved property settlement incident to a court decree or order.
(3)    A court of competent jurisdiction may expressly order that a benefit under this Division II be assigned to a spouse, former spouse, child, or other dependent when an order of benefit forfeiture is issued in accordance with § 21–704 of this title.
(b)    An assignment under this section only applies to benefits paid after the Board of Trustees receives:
(1)    written notice of the court decree or order; and
(2)    any additional information that the Board of Trustees requires.
(c)    The Board of Trustees is not liable for an improper payment to a person because the Board of Trustees did not receive written notice of a court decree or order.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 21 - State Retirement and Pension System › Subtitle 5 - Benefit Administration › Section 21-503 - Retirement Counseling

The Board of Trustees shall offer counseling about retirement benefits:
(1)    to the members, former members, and retirees of each State system; and
(2)    if a member, former member, or retiree consents, to an immediate family member.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 21 - State Retirement and Pension System › Subtitle 5 - Benefit Administration › Section 21-504 - Release of Retiree Information

(a)    This section applies only to the:
(1)    Employees’ Pension System;
(2)    Employees’ Retirement System;
(3)    Teachers’ Pension System; and
(4)    Teachers’ Retirement System.
(b)    The Board of Trustees shall adopt regulations to allow a public employee organization to obtain, for a reasonable fee, each year:
(1)    the name and last known address of each individual during the last year who became a retiree or commenced receiving a vested allowance;
(2)    the name and last known address of each retiree or former member receiving a vested allowance who died in the last year; and
(3)    any change in address in the last year of a retiree or former member receiving a vested allowance.
(c)    (1)    Except as provided in § 21–128 of this title, before the release of a name, the Board of Trustees shall notify the individual of the provisions of this section.
(2)    If an individual notifies the Board of Trustees that the individual does not want the individual’s name or address released to an employee organization, the Board of Trustees may not release the name or address.
(d)    An employee organization may not release any information that it receives under this section.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 21 - State Retirement and Pension System › Subtitle 5 - Benefit Administration › Section 21-505 - Optional Defined Contribution System Participation; Exchange of Participating Employee Information

The Board of Trustees and the State Board of Trustees of the Maryland Teachers and State Employees Supplemental Retirement Plans shall exchange information about participating employees of the optional defined contribution system as necessary to administer the system.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 21 - State Retirement and Pension System › Subtitle 5 - Benefit Administration › Section 21-506 - Publication of Notice of Unclaimed Money Held by State Retirement System

(a)    This section applies to a former member, retiree, or a beneficiary of a deceased former member or retiree of a State system who:
(1)    is entitled to a refund of accumulated contributions and has made no claim for those contributions; or
(2)    is currently eligible to receive a vested allowance and has not filed an application for the vested allowance.
(b)    Notwithstanding any other provision of law, the State Retirement Agency may post the names of the individuals described in subsection (a) of this section and the names of the last participating employer of the former members or retirees on the State Retirement Agency’s Web site or otherwise publish the names of the individuals and employers for the purpose of notifying the individuals that they have unclaimed money held by the State Retirement Agency.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 21 - State Retirement and Pension System › Subtitle 6 - Eligible Rollover Distributions › Section 21-602 - Election of Eligible Rollover Distribution

(a)    A participant may elect on the form the Board of Trustees requires to have all or any part of an eligible rollover distribution paid to an eligible retirement plan in a direct rollover.
(b)    (1)    If an eligible rollover distribution is payable to the designated spouse beneficiary of a member, former member, or retiree, the designated spouse beneficiary may elect to have all or any part of the eligible rollover distribution paid to an eligible retirement plan in a direct rollover.
(2)    (i)    A nonspouse designated beneficiary may roll over an eligible rollover distribution only to a traditional or Roth individual retirement account or individual retirement annuity established for the purpose of receiving the distribution.
(ii)    A traditional or Roth individual retirement account or individual retirement annuity established under this paragraph shall be treated as an inherited individual retirement account or annuity within the meaning of § 408(d)(3)(C) of the Internal Revenue Code.
(c)    A member who is eligible to participate in the plan administered by the supplemental plan under Title 35, Subtitle 5 of this article may elect to have all or any part of the eligible rollover distribution paid in a direct rollover to the plan in accordance with the regulations adopted by the supplemental plan.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 21 - State Retirement and Pension System › Subtitle 6 - Eligible Rollover Distributions › Section 21-603 - Regulations

The Board of Trustees shall adopt regulations that are necessary to carry out this subtitle and that are consistent with the requirements of § 401(a)(31) and any other applicable sections of the Internal Revenue Code and the regulations under those sections.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 21 - State Retirement and Pension System › Subtitle 7 - Forfeiture of Benefits › Section 21-701 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Domestic relations order” means an order issued in accordance with § 21–502(a)(2) of this title, § 414(p) of the Internal Revenue Code, and regulations adopted by the Board of Trustees that assigns a benefit to a spouse, former spouse, child, or other dependent of a public employee in connection with a decree or order of alimony, child support, or divorce.
(c)    “Final adjudication” means adjudication by a trial court resulting in final disposition of all charges that constitute a qualifying crime.
(d)    “Public employee” means an individual who:
(1)    is employed in a position listed in § 21–702 of this subtitle; and
(2)    has been charged with a qualifying crime.
(e)    “Qualifying crime” means a felony:
(1)    that is committed in the course of a public employee’s duties and responsibilities;
(2)    that is committed through the use of the public employee’s authority derived from the position of employment; and
(3)    the commission of which results in, or is attempted to result in, gain, profit, or advantage for the public employee.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 21 - State Retirement and Pension System › Subtitle 7 - Forfeiture of Benefits › Section 21-702 - Applicability of Subtitle

(a)    This subtitle applies to an individual who:
(1)    is a member, former member, or retiree of the Employees’ Retirement System or the Employees’ Pension System; and
(2)    has earned creditable service while employed as:
(i)    the Attorney General of the State;
(ii)    the Comptroller of the State;
(iii)    the Governor of the State;
(iv)    the Lieutenant Governor of the State;
(v)    the Secretary of State; or
(vi)    the Treasurer of the State.
(b)    This subtitle does not apply to any service earned before January 9, 2019.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 21 - State Retirement and Pension System › Subtitle 7 - Forfeiture of Benefits › Section 21-703 - When Benefits Subject to Forfeiture

(a)    Benefits under this Division II of this article payable to a public employee are subject to forfeiture in whole or in part in accordance with this subtitle if the public employee is found guilty of, pleads guilty to, or enters a plea of nolo contendere to a qualifying crime.
(b)    (1)    Benefits under this Division II may not be forfeited or reduced if the Internal Revenue Service determines that the forfeiture or reduction will negatively affect or invalidate the tax qualified status of any of the several systems.
(2)    If the Internal Revenue Service determines that the application of this subtitle would negatively affect or invalidate the tax qualified status of any of the several systems, any forfeiture of benefits that took place before the Internal Revenue Service’s determination shall be reversed in accordance with § 21–707 of this subtitle to the extent necessary to comply with the determination.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 21 - State Retirement and Pension System › Subtitle 7 - Forfeiture of Benefits › Section 21-705 - Retirement of Employee Before Order Issued

(a)    If a public employee has retired before a forfeiture order is issued under § 21–704 of this subtitle, the Board of Trustees may recover from the public employee the amount of benefits paid to the public employee before the order.
(b)    The recovery under subsection (a) of this section is limited to an amount equal to the benefits that would have been forfeited had the forfeiture order been issued before the public employee began receiving any benefits as a retiree.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 21 - State Retirement and Pension System › Subtitle 7 - Forfeiture of Benefits › Section 21-706 - Application for Retirement

(a)    This section applies to a public employee who is not a retiree.
(b)    Subject to subsection (c) of this section, a public employee may submit an application for retirement.
(c)    If a public employee is eligible to apply for a retirement allowance, a public employee’s application for retirement benefits:
(1)    shall be considered submitted on the first day of the month after it is properly completed and submitted to the State Retirement Agency; and
(2)    may not be processed by the State Retirement Agency unless and until the final adjudication of the charge that does not result in conviction.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 21 - State Retirement and Pension System › Subtitle 7 - Forfeiture of Benefits › Section 21-707 - Effect of Order Reversing or Overturning Conviction

(a)    (1)    On receipt of an order that reverses or overturns a conviction of a public employee, the court that issued a forfeiture order under § 21–704 of this subtitle shall rescind the forfeiture order and order the Board of Trustees to pay any benefits that are payable under this Division II of this article to the public employee.
(2)    When a court rescinds a forfeiture order under paragraph (1) of this subsection, the court shall also rescind any domestic relations order entered in accordance with § 21–704(f) of this subtitle.
(b)    If a conviction of a public employee who was a retiree before the date of conviction is overturned:
(1)    the public employee’s benefits shall be restored back to the date the benefit payments ceased;
(2)    the public employee’s allowance shall:
(i)    be paid beginning the month after the State Retirement Agency is notified that the conviction is overturned; and
(ii)    include any cost–of–living adjustments that would have been made in the time between the conviction and the time benefit payments are restored; and
(3)    benefit payments that would have been made during the time from the date of conviction to the date the conviction is overturned shall be made to the public employee, less any payments made in accordance with a domestic relations order directing payment of benefits to a spouse, former spouse, child, or other dependent.
(c)    If a conviction of a public employee who was not a retiree before the date of conviction is overturned, the public employee may receive benefits in accordance with this Division II of this article.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 21 - State Retirement and Pension System › Subtitle 7 - Forfeiture of Benefits › Section 21-708 - Return of Accumulated Contributions

(a)    A public employee subject to a forfeiture order issued under § 21–704 of this subtitle is entitled to a return of the individual’s accumulated contributions on request under § 29–501 of this article.
(b)    The public employee’s accumulated contributions shall be reduced by an amount equal to any benefit payments received by the public employee that would have been subject to forfeiture and have not been recovered by the Board of Trustees under § 21–705 of this subtitle.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 22 - Employees' and Teachers' Retirement Systems › Subtitle 1 - Definitions and General Provisions › Section 22-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Selection A (Additional member contributions)” means the retirement selection described in § 22-219 of this title.
(c)    “Selection B (Limited cost-of-living adjustment)” means the retirement selection described in § 22-220 of this title.
(d)    “Selection C (Combination formula)” means the retirement selection described in § 22-221 of this title.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 22 - Employees' and Teachers' Retirement Systems › Subtitle 2 - Membership › Part I - Membership Generally › Section 22-201 - Membership in the Employees' Retirement System -- Scope

(a)    Except as provided in subsection (b) of this section, §§ 22-202 through 22-204 of this subtitle apply only to:
(1)    a regular employee whose compensation is provided by State appropriation or paid from State funds;
(2)    an appointed or elected official of the State, including:
(i)    a clerk of the circuit court;
(ii)    a register of wills;
(iii)    a State’s Attorney; and
(iv)    a sheriff;
(3)    an employee or official of a participating governmental unit who is eligible to participate under Title 31, Subtitle 1 of this article;
(4)    an employee of the Office of the Sheriff of Baltimore City;
(5)    a permanent employee of the board of supervisors of elections of a county;
(6)    an employee of the Maryland Environmental Service who is a member of the Employees’ Retirement System on June 30, 1993;
(7)    an employee of Dorchester County who is not a member of the county’s general pension and retirement program and who is a member of the Employees’ Retirement System;
(8)    a court reporter for the Circuit Court for Charles County who is a member of the Employees’ Retirement System on July 1, 1994; and
(9)    a staff employee of the University System of Maryland, Morgan State University, or St. Mary’s College who is a member of the Employees’ Retirement System as of January 1, 1998.
(b)    Sections 22-202 through 22-204 of this subtitle do not apply to:
(1)    an individual who is a member of any State system other than the Employees’ Retirement System;
(2)    an individual who is entitled to be a member of any State system other than the Employees’ Retirement System or the Employees’ Pension System;
(3)    a contractual, emergency, or temporary extra employee;
(4)    an individual who is employed under a federal public service employment program;
(5)    an assessor who is a member of a retirement or pension system operated by a political subdivision of the State; or
(6)    an employee of a local board of elections who chooses to stay in a local merit system under § 2-207 of the Election Law Article.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 22 - Employees' and Teachers' Retirement Systems › Subtitle 2 - Membership › Part I - Membership Generally › Section 22-202 - Membership in the Employees' Retirement System -- Conditions and Restrictions

(a)    Except as provided in § 22-203 of this subtitle, an individual described in § 22-201(a) of this subtitle who was a member of the Employees’ Retirement System on or before December 31, 1979, became a member of the Employees’ Retirement System as a condition of employment.
(b)    Except as provided in former Article 73B, § 2-206 of the Code, an individual who is not a member of the Employees’ Retirement System on December 31, 1979, is not eligible for membership in the Employees’ Retirement System.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 22 - Employees' and Teachers' Retirement Systems › Subtitle 2 - Membership › Part I - Membership Generally › Section 22-203 - Membership in the Employees' Retirement System -- Optional Membership

(a)    (1)    This subsection applies only to:
(i)    an elected or appointed official;
(ii)    an employee of the Governor’s office; and
(iii)    a desk officer or employee of either house of the General Assembly who receives an annual salary as compensation for employment.
(2)    Membership in the Employees’ Retirement System is optional for an individual who was elected or appointed to a position described in paragraph (1) of this subsection from July 1, 1957, to December 31, 1979, both inclusive.
(3)    During an individual’s term, the individual may become a member of the Employees’ Retirement System under this subsection by completing and submitting an application for membership to the Board of Trustees.
(b)    Membership in the Employees’ Retirement System is optional for the employees of a participating governmental unit who are employed by the participating governmental unit on the effective date of participation in the State systems.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 22 - Employees' and Teachers' Retirement Systems › Subtitle 2 - Membership › Part I - Membership Generally › Section 22-204 - Membership in the Employees' Retirement System -- Determination by Board of Trustees

If eligibility of an individual for membership in the Employees’ Retirement 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 22 - Employees' and Teachers' Retirement Systems › Subtitle 2 - Membership › Part I - Membership Generally › Section 22-205 - Membership in the Teachers' Retirement System -- Scope

(a)    Except as provided in subsection (b) of this section, §§ 22-206 through 22-208 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)    an attendance officer;
(ii)    a clerk;
(iii)    a helping teacher;
(iv)    a principal;
(v)    a superintendent;
(vi)    a supervisor; or
(vii)    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 any 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; or
(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’ Retirement System as of January 1, 1998.
(b)    Sections 22-206 through 22-208 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 elected to transfer to the employees’ retirement system of Montgomery County; or
(4)    an employee of the University System of Maryland, Morgan State University, or St. Mary’s College who becomes an employee 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.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 22 - Employees' and Teachers' Retirement Systems › Subtitle 2 - Membership › Part I - Membership Generally › Section 22-206 - Membership in the Teachers' Retirement System -- Conditions and Restrictions

(a)    Except as provided in § 22-207 of this subtitle, an individual who was a member of the Teachers’ Retirement System on or before December 31, 1979, became a member of the Teachers’ Retirement System as a condition of employment.
(b)    Except as provided in former Article 73B, § 3-206 of the Code, an individual who is not a member of the Teachers’ Retirement System on December 31, 1979, is not eligible for membership in the Teachers’ Retirement System.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 22 - Employees' and Teachers' Retirement Systems › Subtitle 2 - Membership › Part I - Membership Generally › Section 22-207 - Membership in the Teachers' Retirement System -- Discretionary

The Board of Trustees may deny membership in the Teachers’ Retirement System to, or make membership optional for, any class of individuals described in § 22-205(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 22 - Employees' and Teachers' Retirement Systems › Subtitle 2 - Membership › Part I - Membership Generally › Section 22-208 - Membership in the Teachers' Retirement System -- Determination by Board of Trustees

If eligibility of an individual for membership in the Teachers’ Retirement 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 22 - Employees' and Teachers' Retirement Systems › Subtitle 2 - Membership › Part I - Membership Generally › Section 22-209 - Continuation of Membership -- in General

(a)    Subject to subsection (c) of this section, as a condition of an individual’s employment contract, an individual may remain a member of the Employees’ Retirement System or the Teachers’ Retirement System without change in the benefits under that retirement system as of December 31, 1979, if:
(1)    the individual is a member of that retirement system on December 31, 1979; and
(2)    the individual’s membership does not terminate under § 22-217 of this subtitle.
(b)    (1)    Subject to subsection (c) of this section, an individual receiving benefits under this title on December 31, 1979, shall continue to receive the benefits provided as of December 31, 1979.
(2)    The benefits that an individual may continue to receive include:
(i)    eligibility for service retirement on or after 30 years of eligibility service or age 60;
(ii)    eligibility for a reduced service retirement allowance after a certain length of eligibility service;
(iii)    a normal service retirement allowance of one fifty-fifth of average final compensation multiplied by the number of years of creditable service;
(iv)    the retirement allowances provided for ordinary or accidental disability;
(v)    the selection of options for allowances;
(vi)    the adjustment of the allowance for increases in the Consumer Price Index;
(vii)    the death benefit;
(viii)    the level of member contributions; and
(ix)    the length of eligibility service for members to vest benefits in the system.
(c)    For a member who receives creditable service under this title on or after July 1, 1984, §§ 22-219 through 22-221 of this subtitle determine:
(1)    the rate of earnable compensation that is payable as member contributions;
(2)    the computation of the member’s allowance; and
(3)    the cost-of-living adjustment of the member’s allowance.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 22 - Employees' and Teachers' Retirement Systems › Subtitle 2 - Membership › Part I - Membership Generally › Section 22-210 - Continuation of Membership -- Officials

A member of the Employees’ Retirement System who is an elected or appointed official may continue membership in the Employees’ Retirement System after the member's last term of office if the member pays to the Board of Trustees the member contributions and employer contributions that would have been made by or for the member had the member remained in office.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 22 - Employees' and Teachers' Retirement Systems › Subtitle 2 - Membership › Part I - Membership Generally › Section 22-211 - Continuation of Membership -- Former Officials

A former member of the Employees’ Retirement System who was a member as an elected or appointed official may continue membership in the Employees’ Retirement System if the former member pays to the Board of Trustees the member contributions and employer contributions that would have been made by or for the former member had the former member remained in office.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 22 - Employees' and Teachers' Retirement Systems › Subtitle 2 - Membership › Part I - Membership Generally › Section 22-212 - Transfer of Membership

On or after January 1, 2005, an individual who is a member of the Employees’ Retirement System or the Teachers’ Retirement System may not transfer membership to the:
(1)    Employees’ Pension System, if the individual is a member of the Employees’ Retirement System; or
(2)    Teachers’ Pension System, if the individual is a member of the Teachers’ Retirement System.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 22 - Employees' and Teachers' Retirement Systems › Subtitle 2 - Membership › Part I - Membership Generally › Section 22-213 - Transfer of Vested Rights

On or after January 1, 2005, a former member who has elected a vested allowance under § 29-302 of this article may not elect to be vested in:
(1)    the Employees’ Pension System, if a former member of the Employees’ Retirement System; or
(2)    the Teachers’ Pension System, if a former member of the Teachers’ Retirement System.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 22 - Employees' and Teachers' Retirement Systems › Subtitle 2 - Membership › Part I - Membership Generally › Section 22-214 - Contributions by Members

(a)    (1)    This subsection applies only to a member who is subject to Selection A (Additional member contributions).
(2)    For a member whose membership started on or before June 30, 1973, the contribution rate as a percent of a member's earnable compensation is the lesser of:
(i)    2% plus the contribution rate adopted by the Board of Trustees and in effect when membership began; or
(ii)    7%.
(3)    For a member whose membership started on or after July 1, 1973, the contribution rate is 7% of a member's earnable compensation.
(4)    For a member who under § 22-308(b)(2) of this title elects to receive full-time service credit for regular part-time employment, the contribution rate is 7% of the compensation the member would have earned had the member been a full-time employee.
(b)    (1)    This subsection applies to a member who is subject to Selection B (Limited cost-of-living adjustment).
(2)    For a member whose membership started on or before June 30, 1973, the contribution rate as a percent of a member's earnable compensation is the lesser of:
(i)    the contribution rate adopted by the Board of Trustees and in effect when membership began; or
(ii)    5%.
(3)    For a member whose membership started on or after July 1, 1973, the contribution rate is 5% of a member's earnable compensation.
(4)    For a member who elects under § 22-308(b)(2) of this title to receive full-time service credit for regular part-time employment, the contribution rate is 5% of the compensation the member would have earned had the member been a full-time employee.
(c)    (1)    This subsection applies to a member who is subject to Selection C (Combination formula).
(2)    A member’s contribution rate is as provided in § 23-212 of this article.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 22 - Employees' and Teachers' Retirement Systems › Subtitle 2 - Membership › Part I - Membership Generally › Section 22-215 - Regular Interest

(a)    Except as provided in subsection (b) of this section, regular interest is payable on member contributions at the rate of 4% a year compounded annually, until retirement or withdrawal of the accumulated contributions.
(b)    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.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 22 - Employees' and Teachers' Retirement Systems › Subtitle 2 - Membership › Part I - Membership Generally › Section 22-216 - Employment by Private Contractors

(a)    This section applies to an individual who is:
(1)    a member of the Teachers’ Retirement 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 § 22-217 of this subtitle;
(2)    shall be reinstated as a member of the Teachers’ Retirement 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 22 - Employees' and Teachers' Retirement Systems › Subtitle 2 - Membership › Part I - Membership Generally › Section 22-217 - Termination of Membership

Membership ends if the member:
(1)    is separated from employment for more than:
(i)    4 years, if a member of the Employees’ Retirement System; or
(ii)    5 years, if a member of the Teachers’ Retirement System;
(2)    withdraws the member’s accumulated contributions;
(3)    transfers to the Employees’ Pension System or Teachers’ Pension System;
(4)    becomes a retiree; or
(5)    dies.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 22 - Employees' and Teachers' Retirement Systems › Subtitle 2 - Membership › Part II - Alternate Retirement Selections › Section 22-219 - Selection a (Additional Member Contributions)

(a)    This section applies only to a member who is subject to Selection A (Additional member contributions) on October 1, 1994.
(b)    A member who is subject to Selection A (Additional member contributions) shall:
(1)    receive an allowance for all creditable service as follows:
(i)    for normal service retirement as provided by § 22–401 of this title;
(ii)    for early service retirement as provided by § 22–402 of this title;
(iii)    for ordinary disability retirement as provided by § 29–106 of this article; and
(iv)    for accidental disability retirement as provided by § 29–110 of this article;
(2)    have the allowance adjusted as provided in §§ 29–401 through 29–403 of this article; and
(3)    make the member contributions at the rate specified by § 22–214(a) of this subtitle.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 22 - Employees' and Teachers' Retirement Systems › Subtitle 2 - Membership › Part II - Alternate Retirement Selections › Section 22-220 - Selection B (Limited Cost-of-Living Adjustment)

(a)    This section applies only to a member who is subject to Selection B (Limited cost-of-living adjustment) on October 1, 1994.
(b)    A member who is subject to Selection B (Limited cost–of–living adjustment) shall:
(1)    receive an allowance for all creditable service as follows:
(i)    for normal service retirement as provided by § 22–401 of this title;
(ii)    for early service retirement as provided by § 22–402 of this title;
(iii)    for ordinary disability retirement as provided by § 29–106 of this article; and
(iv)    for accidental disability retirement as provided by § 29–110 of this article;
(2)    have the allowance adjusted as provided in §§ 29–401, 29–402, and 29–405 of this article; and
(3)    make the member contributions at the rate specified by § 22–214(b) of this subtitle.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 22 - Employees' and Teachers' Retirement Systems › Subtitle 3 - Service Credit › Section 22-301 - In General

A member of the Employees’ Retirement System or Teachers’ Retirement System is entitled to:
(1)    eligibility service as provided in §§ 22-303 through 22-307 of this subtitle; and
(2)    creditable service as provided in § 22-308 of this subtitle.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 22 - Employees' and Teachers' Retirement Systems › Subtitle 3 - Service Credit › Section 22-302 - Service Credit -- Rules for Computation

(a)    Subject to subsections (b) through (d) of this section, the Board of Trustees shall adopt regulations that specify the period of employment in a year that is equal to 1 year of service credit.
(b)    The Board of Trustees may not allow more than 1 year of service credit for a calendar year.
(c)    Except as provided in subsection (d) of this section or § 22-304(c)(2) of this subtitle, a member is entitled to receive:
(1)    1 year of service credit for:
(i)    employment for the normal working time in a year for the member’s position; or
(ii)    regular part-time employment for a calendar year; and
(2)    1 month of service credit for employment for a month or a part of a month if a member contribution is made in the month.
(d)    (1)    Except as otherwise provided in this subsection, a member of the Employees’ Retirement System who is an elected or appointed official is entitled to receive 1 year of service credit for each 12-month period during which the member holds the office.
(2)    Except for an official of a participating governmental unit, an appointed official who is appointed on or after July 1, 1979, is not entitled to receive service credit if the normal working time for the position is less than 130 days per year.
(3)    An elected or appointed official who purchases service credit under § 22-307 of this subtitle, is entitled to receive 1 year of service credit for a part of a year of employment if the part of the year is at least equal to the number of days of the regular session of the General Assembly for the year for which the service credit is requested.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 22 - Employees' and Teachers' Retirement Systems › Subtitle 3 - Service Credit › Section 22-303 - Service Credit -- Types of Service Credit

Eligibility service for a member of the Employees’ Retirement System or the Teachers’ Retirement System consists of service credit:
(1)    for employment as a member;
(2)    transferred from a retirement or pension system under Title 37 of this article or Title 31, Subtitle 1 of this article;
(3)    for military service, as provided in Title 38 of this article;
(4)    purchased under this subtitle; and
(5)    that equals, for a member who has transferred between the Employees’ Retirement System and the Teachers’ Retirement System, the member’s eligibility service recognized under the previous system through the date before the member became a member of the current system.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 22 - Employees' and Teachers' Retirement Systems › Subtitle 3 - Service Credit › Section 22-303.1 - Service Credit -- 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)    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.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 22 - Employees' and Teachers' Retirement Systems › Subtitle 3 - Service Credit › Section 22-305 - Purchase of Service Credit by Payment of Full Cost

(a)    A member may purchase service credit as provided in this section for periods of employment described in subsection (c) or (d) of this section for which the member is not otherwise entitled to service credit.
(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 an amount equal to the annuity reserve and pension reserve required to fund the additional allowance.
(2)    Except as provided in paragraphs (3) and (4) of this subsection, the member shall pay for service credit purchased under this section at retirement.
(3)    The surviving spouse of a member of the Teachers’ Retirement System may pay for the appropriate final adjustment under paragraph (3) of this subsection if:
(i)    the member dies while employed as a member;
(ii)    the member was purchasing service credit through a payroll deduction; and
(iii)    the service credit qualifies for benefits under § 29-205 of this article.
(c)    A member of the Employees’ Retirement System may purchase service credit for a period of employment:
(1)    not exceeding 10 years of out-of-state public school teaching service;
(2)    not exceeding 10 years for public or nonpublic school teaching service;
(3)    not exceeding 5 years for postsecondary school teaching service;
(4)    not exceeding 10 years of federal service or out-of-state service with a political subdivision; or
(5)    as an employee of a political subdivision of the State if:
(i)    the member is not otherwise entitled to receive service credit for the same period under this Division II;
(ii)    the member is not receiving retirement benefits from a political subdivision of the State for the same period; and
(iii)    the member, the political subdivision, or both, pay the amount required under subsection (b)(1) of this section.
(d)    A member of the Teachers’ Retirement System may purchase service credit for a period of employment:
(1)    not exceeding 10 years of out-of-state public school teaching service;
(2)    not exceeding 10 years of public or nonpublic school teaching service;
(3)    not exceeding 5 years of postsecondary school teaching service;
(4)    on or before December 31, 1970, with Baltimore City as a teacher on a verified leave of absence not exceeding 2 years that is similar in all respects to leaves of absence approved by the Board of Trustees;
(5)    not exceeding 10 years of federal or out-of-state municipal service; or
(6)    employment as an employee of a municipal corporation of the State if the member is not otherwise entitled to receive service credit under this Division II.
2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 22 - Employees' and Teachers' Retirement Systems › Subtitle 3 - Service Credit › Section 22-305.1 - Purchase of Service Credit by Payment of Full Cost -- Purchase of Service Credit by Former Employees of Private Vendors of Child Support Enforcement Services in Baltimore City

(a)    This section applies only to a member of the Employees’ Retirement System who:
(1)    was an employee of the State prior to November 1, 1996;
(2)    as of November 1, 1996 was employed by a private vendor to provide child support enforcement services in Baltimore City; and
(3)    resumed employment with the State as of November 1, 2002.
(b)    (1)    A member described in subsection (a) of this section is entitled to receive service credit for the time the member was employed by a private vendor to provide child support enforcement services in Baltimore City prior to October 31, 2002.
(2)    Prior to the member’s date of retirement, and subject to paragraph (3) of this subsection, a member who receives service credit under this subsection shall deposit in the annuity savings fund or other corresponding fund an amount of money equal to the contribution payments that the member would have paid had the member been a State employee, including regular interest on the contributions at the rate of 4% per year compounded annually.
(3)    On retirement, the member’s retirement allowance shall be reduced by the actuarial equivalent of the amount determined under paragraph (2) of this subsection if the member elects not to deposit this amount in the annuity savings or other corresponding fund.