reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 04 - MEMBERSHIP › Chapter 22.04.01 - Reporting and Member Contribution Requirements of Participating Employers › Section 22.04.01.04 - Requests for Waiver of the ACH Debit Requirement

Current through Register Vol. 51, No. 14, July 12, 2024
A. A participating employer that is subject to Regulation .03 of this chapter may request a waiver from the requirement to pay contributions via ACH Debit.
B. A request for a waiver shall be made in writing to the Executive Director or the Executive Director's designee and shall detail the reasons why the participating employer is unable to comply with the ACH Debit requirement.
C. Upon receipt of a request for a waiver, the Executive Director or the Executive Director's designee may request, and the participating employer shall provide, any additional information or documentation that the Executive Director or the designee considers appropriate to substantiate the participating employer's request.
D. The Executive Director or the Executive Director's designee may grant the participating employer's request for a waiver on a temporary or indefinite basis if the participating employer demonstrates to the satisfaction of the Executive Director or the designee that the participating employer is unable to comply with the ACH Debit requirement.
E. If the Executive Director or the Executive Director's designee grants a participating employer's request for a waiver on a temporary basis, the Executive Director or the designee shall specify the time period for the waiver. Any granted waiver shall be effective on the date granted, and no retroactive waivers will be granted.
F. If the Executive Director or the Executive Director's designee grants a participating employer's request for a waiver on an indefinite basis, the Retirement Agency may require the participating employer to periodically submit documentation demonstrating the continued necessity of the waiver. If the Executive Director or the designee determines that a waiver is no longer needed, the Executive Director or the designee may rescind the waiver.
G. If the Executive Director or the Executive Director's designee grants a participating employer's request for a waiver and the participating employer fails to make timely member contribution payments in accordance with Regulation .03 of this chapter, or fails to submit the information required under Regulation .02 of this chapter as each payroll is paid, and in the manner and format required by the Retirement Agency, the Executive Director or the designee may rescind the waiver.
H. The denial of a request for a waiver from the ACH Debit requirement is not a contested case under State Government Article, §
									10-202, Annotated Code of Maryland, for which a hearing is required under COMAR 22.03.04.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 04 - MEMBERSHIP › Chapter 22.04.02 - Membership in the Employees' System or the Teachers' System - General › Section 22.04.02.01 - Determination by the Board of Trustees

Current through Register Vol. 51, No. 14, July 12, 2024
If the eligibility of an individual for membership in the Employees' Pension System or the Teachers' Pension System is unclear, the Board of Trustees shall determine whether the individual is a member of the Employees' Pension System or the Teachers' Pension System.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 04 - MEMBERSHIP › Chapter 22.04.02 - Membership in the Employees' System or the Teachers' System - General › Section 22.04.02.02 - Optional Membership

Current through Register Vol. 51, No. 14, July 12, 2024
A. Membership in the Teachers' Pension System is optional for an individual who is appointed as a lecturer in the Overseas Division of University College.
B. An election to participate in the Teachers' Pension System by an individual described in §A of this regulation shall be made within 90 days of commencement of employment and is a one-time irrevocable election.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 04 - MEMBERSHIP › Chapter 22.04.02 - Membership in the Employees' System or the Teachers' System - General › Section 22.04.02.03 - Continuation of Membership

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Retirement Agency may not deny an individual who is a member of the Teachers' Retirement System or the Employees' Retirement System before December 1, 1973, the right to:
(1) Continue as a member of the Teachers' Retirement System or the Employees' Retirement System; or
(2) Receive the accrued benefits to which the member was entitled.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 04 - MEMBERSHIP › Chapter 22.04.02 - Membership in the Employees' System or the Teachers' System - General › Section 22.04.02.04 - Membership in the Employees' Pension System - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) In this regulation, the following terms have the meanings indicated.
(2) Terms Defined.
(a) "Contractual employee" means an individual who provides personal services to a participating employer for pay if all of the following conditions exist:
(i) The services and pay are specified in a current written personal services agreement between the employer and an individual;
(ii) There is an employer-employee relationship between the participating employer and the individual; and
(iii) The individual does not receive any fringe benefits, except as provided by law or by statutorily authorized written policies adopted on or before November 6, 2017, which the employer has applied uniformly and which define a class of contractual employees who are entitled to receive specified fringe benefits.
(b) "Emergency employee" means an individual who:
(i) Is appointed by a participating employer to provide personal services on an emergency basis;
(ii) Is employed for a nonrenewable period not to exceed 6 months; and
(iii) Except as provided by law, does not receive any fringe benefits.
(c) "Temporary extra employee" means an individual who:
(i) Provides personal services to a participating employer;
(ii) Is employed for a nonrenewable period not to exceed 6 months; and
(iii) Except as provided by law, does not receive any fringe benefits.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 04 - MEMBERSHIP › Chapter 22.04.03 - Membership-Teachersamp;#39; Pension System and Teachersamp;#39; Retirement System-Scope › Section 22.04.03.01 - Application

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies only to the Teachers' Pension System and the Teachers' Retirement System.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 04 - MEMBERSHIP › Chapter 22.04.03 - Membership-Teachersamp;#39; Pension System and Teachersamp;#39; Retirement System-Scope › Section 22.04.03.02 - Terms that Include Certain Public School and Board of Education Personnel

Current through Register Vol. 51, No. 14, July 12, 2024
The terms "clerk", "helping teacher", "principal", "superintendent", "supervisor", or "teacher" in State Personnel and Pensions Article, 22-205(a)(1) and 23-206(a)(1), Annotated Code of Maryland, include the following employees 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:
A. Individuals who are eligible for a certificate under Education Article, Title 6, Annotated Code of Maryland, who perform teaching duties or who perform administrative or supervisory duties in the teaching field;
B. Principal employees on the central staff who supervise one or more of the following categories:
(1) Transportation,
(2) Building operations (includes maintenance, custodial, repair operations, and security services), or
(3) Food services;
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 04 - MEMBERSHIP › Chapter 22.04.03 - Membership-Teachersamp;#39; Pension System and Teachersamp;#39; Retirement System-Scope › Section 22.04.03.03 - Terms that Do Not Include Certain Employees of a Board of Education

Current through Register Vol. 51, No. 14, July 12, 2024
A. The terms "clerk", "helping teacher", "principal", "superintendent", "supervisor", or "teacher" in State Personnel and Pensions Article, 22-205(a)(1) and 23-206(a)(1), Annotated Code of Maryland, do not include the employees, listed in §B of this regulation, 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.
B. The following employees of a day school are not included within the terms described in §A of this regulation:
(1) Administrative assistants to the superintendent;
(2) Architects;
(3) Artists;
(4) Assessments specialists;
(5) Audiovisual technicians;
(6) Bus drivers;
(7) Cafeteria and food service workers;
(8) Community aides and specialists;
(9) Construction workers;
(10) Consultants;
(11) Counselor aides and assistants;
(12) Custodians;
(13) Draftsmen;
(14) Driver education aides;
(15) Educational TV technicians;
(16) Engineers;
(17) Financial aid and job counselors;
(18) Foremen;
(19) Fringe benefits personnel;
(20) Health aides;
(21) Human relations, equal opportunity, affirmative action personnel;
(22) Inspectors;
(23) Institutional research and development personnel;
(24) Interagency programs and planning personnel;
(25) Interns;
(26) Janitors;
(27) Laboratory aides/technicians;
(28) Mail room couriers, messengers/clerks;
(29) Maintenance workers;
(30) Media specialists (review and evaluation centers);
(31) Nurses' aides;
(32) Ombudsmen;
(33) Photographers;
(34) Plant operations personnel;
(35) Printers;
(36) Public relations specialists, specialists in public relations publications and public information;
(37) Purchasing agents or officials;
(38) Quality assurance personnel and testing and evaluation personnel;
(39) Reading/study skills technicians;
(40) Repairs personnel;
(41) Safety and insurance specialists;
(42) School business managers-----administrative assistants;
(43) Security personnel;
(44) Site acquisition personnel;
(45) Site development personnel;
(46) Site planning personnel;
(47) Staff development and career programs personnel;
(48) Statisticians;
(49) Student affairs and student activities personnel;
(50) Therapist aides/assistants;
(51) Transportation personnel;
(52) Warehousemen; and
(53) An individual who is employed under a federal public service employment program.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 04 - MEMBERSHIP › Chapter 22.04.03 - Membership-Teachersamp;#39; Pension System and Teachersamp;#39; Retirement System-Scope › Section 22.04.03.04 - Personnel Employed by a University or State College

Current through Register Vol. 51, No. 14, July 12, 2024
A. "Educational institution" means:
(1) The University of Maryland System;
(2) Morgan State University;
(3) St. Mary's College; or
(4) The Maryland Higher Education Commission.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 04 - MEMBERSHIP › Chapter 22.04.03 - Membership-Teachersamp;#39; Pension System and Teachersamp;#39; Retirement System-Scope › Section 22.04.03.05 - Personnel Employed by a Community College

Current through Register Vol. 51, No. 14, July 12, 2024
The following personnel of a community college or regional community college established under Education Article, Title 16, Annotated Code of Maryland, are eligible for membership:
A. Faculty members;
B. Employees who hold a position that is designated as a professional position that involves specialized skill, education, and knowledge and the employees' labor is predominantly intellectual rather than physical or manual; and
C. Clerical employees.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 04 - MEMBERSHIP › Chapter 22.04.03 - Membership-Teachersamp;#39; Pension System and Teachersamp;#39; Retirement System-Scope › Section 22.04.03.06 - Public Library Personnel Eligible for Membership

Current through Register Vol. 51, No. 14, July 12, 2024
The following personnel in a public library established or operating under the Education Article, Title 23, Annotated Code of Maryland, are eligible for membership:
A. Personnel holding a certificate or provisional certificate of library qualifications issued by the State Board of Education who perform librarian duties;
B. Clerical employees of a public library, including material processors; and
C. Public library associates meeting the standards set forth in COMAR 13A.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 04 - MEMBERSHIP › Chapter 22.04.03 - Membership-Teachersamp;#39; Pension System and Teachersamp;#39; Retirement System-Scope › Section 22.04.03.07 - Certified Teachers-Early Childhood or Infant/Primary

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) In this regulation, the following terms have the meanings indicated.
(2) Terms Defined.
(a) "County board" means a county board of education or the Baltimore City Board of School Commissioners.
(b) "Eligible teacher" means an individual who is:
(i) Certified to teach early childhood education (nursery-----3) or infant/primary (birth-----grade 3) in accordance with regulations promulgated by the State Board of Education;
(ii) Employed by a county board to perform teaching duties in a position that requires a certificate in early childhood education (nursery-----3) or infant/primary (birth-----grade 3); and
(iii) Enrolled as a member of the local pension system as a condition of employment instead of the Teachers' Pension System.
(c) Local Pension System.
(i) "Local pension system" means a retirement or pension system operated and administered by a county board for its employees.
(ii) "Local pension system" includes the Employees' Retirement System and the Employees' Pension System if the county board is a participating government unit.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 05 - SERVICE CREDIT › Chapter 22.05.01 - Qualifying Leaves of Absence › Section 22.05.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter does not apply to the Judges' Retirement System or the Legislative Pension Plan.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 05 - SERVICE CREDIT › Chapter 22.05.01 - Qualifying Leaves of Absence › Section 22.05.01.02 - Definition

Current through Register Vol. 51, No. 14, July 12, 2024
"Qualifying leave of absence" means a leave of absence for a period not exceeding 2 years which is approved by a member's employer for one of the following reasons:
A. Personal illness;
B. Birth of a child;
C. Study;
D. Temporary assignment with another governmental employer; or
E. Legal adoption of a child.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 05 - SERVICE CREDIT › Chapter 22.05.01 - Qualifying Leaves of Absence › Section 22.05.01.03 - Service Credit for a Qualifying Leave of Absence

Current through Register Vol. 51, No. 14, July 12, 2024
A. Grant of Eligibility and Creditable Service for a Qualifying Leave of Absence.
(1) Except as provided in §A(2) of this regulation, to receive eligibility and creditable service for a period of absence from employment that is determined by the Retirement Agency to be a qualifying leave of absence, a member shall:
(a) Submit a completed form to request a qualifying leave of absence form to the Retirement Agency as provided in §D of this regulation; and
(b) Pay the member contributions with regular interest as provided under §C of this regulation:
(i) Before separation from employment; or
(ii) If the individual is separated from employment, within 60 days after the expiration of the leave of absence.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 05 - SERVICE CREDIT › Chapter 22.05.01 - Qualifying Leaves of Absence › Section 22.05.01.04 - Term of a Qualifying Leave of Absence

Current through Register Vol. 51, No. 14, July 12, 2024
A. A qualifying leave of absence ends upon the earlier of:
(1) The end of the term of the leave approved by the member's employer and determined by the Retirement Agency to be a qualifying leave of absence;
(2) The date the member returns to work with the member's employer; or
(3) Separation from employment.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 05 - SERVICE CREDIT › Chapter 22.05.02 - Creditable Service › Section 22.05.02.01 - 10-Month Employees

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation applies only to an individual who:
(1) Is employed by:
(a) A county board of education;
(b) The Board of School Commissioners for Baltimore City;
(c) The State; or
(d) A participating governmental unit; and
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 05 - SERVICE CREDIT › Chapter 22.05.02 - Creditable Service › Section 22.05.02.02 - Retroactive Credit

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary to the Board of Trustees may approve retroactive payments by a member of a State system, if, in the secretary's discretion, the request is justified.
B. The Secretary to the Board of Trustees shall report a denial of a member's request to the Board of Trustees for review.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 05 - SERVICE CREDIT › Chapter 22.05.03 - Purchase of Service Credit › Section 22.05.03.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to a member of the Employees' Pension System who is seeking to purchase credit for eligibility service for previous service in a position described in State Personnel and Pensions Article, §
									23-204(a), Annotated Code of Maryland.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 05 - SERVICE CREDIT › Chapter 22.05.03 - Purchase of Service Credit › Section 22.05.03.02 - Purchase of Credit for Previous Service

Current through Register Vol. 51, No. 14, July 12, 2024
A. At any time before retirement, a member may purchase credit for eligibility service for each period of previous service in a position described in State Personnel and Pensions Article, §
									23-204(a), Annotated Code of Maryland.
B. Except as provided in §C of this regulation, to purchase the service credit, the member shall pay, in a single payment to the Retirement Agency, the sum of:
(1) The employer contributions that would have been paid on behalf of the member had the member elected to join the Employees' Pension System during the period of previous service;
(2) The member contributions that would have been deducted from the member's earnable compensation under State Personnel and Pensions Article, §
										23-212, Annotated Code of Maryland, if any, had the member elected to join the Employees' Pension System during the period of previous service; and
(3) Interest on the amounts determined under §B(1) and (2) of this regulation at the rate of interest in effect in the year of purchase based on the actuarial assumptions adopted by the Board of Trustees compounded annually.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 05 - SERVICE CREDIT › Chapter 22.05.04 - Military Service Credit › Section 22.05.04.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to a member of a State system who is seeking to receive service credit for military service in accordance with State Personnel and Pensions Article, §
									38-103 or  38-104, Annotated Code of Maryland.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 05 - SERVICE CREDIT › Chapter 22.05.04 - Military Service Credit › Section 22.05.04.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) Member.
(a) "Member" means an individual:
(i) For whom membership in a State system is a condition of employment; or
(ii) For whom membership in a State system is optional and who has elected to become a member of that State system.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 05 - SERVICE CREDIT › Chapter 22.05.04 - Military Service Credit › Section 22.05.04.03 - Claiming Credit for Military Service that Interrupts Membership

Current through Register Vol. 51, No. 14, July 12, 2024
In order to claim credit for military service pursuant to State Personnel and Pensions Article, §
									38-103, Annotated Code of Maryland, an eligible member of a State system shall submit a completed application in the form that the State Retirement Agency provides, along with all documentation required by the State Retirement Agency.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 05 - SERVICE CREDIT › Chapter 22.05.04 - Military Service Credit › Section 22.05.04.04 - Claiming Credit for Prior Military Service

Current through Register Vol. 51, No. 14, July 12, 2024
A. In order to claim for military service pursuant to State Personnel and Pensions Article, §
									38-104, Annotated Code of Maryland, an eligible member of a State system shall submit a completed application in the form that the State Retirement Agency provides, along with all documentation required by the State Retirement Agency.
B. The State Retirement Agency may not accept an application to claim military service from a member until the member has attained at least 10 years of creditable service in a State system.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 05 - SERVICE CREDIT › Chapter 22.05.05 - Transfers of Service Credit"Waivers › Section 22.05.05.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to an individual who has accrued service credit in a State or local retirement or pension system, has accepted new employment in a position requiring membership in one of the several systems, and did not make a claim to transfer the previous service credit within 1 year after becoming a member of one of the several systems as required under State Personnel and Pensions Article, §
									37-203 or  37-203.1, Annotated Code of Maryland.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 05 - SERVICE CREDIT › Chapter 22.05.05 - Transfers of Service Credit"Waivers › Section 22.05.05.02 - Claim for Transfer

Current through Register Vol. 51, No. 14, July 12, 2024
In order to make a claim to transfer service credit from the member's previous system under State Personnel and Pensions Article, §
									37-203 or  37-203.1, Annotated Code of Maryland, an eligible member shall, within 1 year of becoming a member of the new system:
A. Submit a completed application to transfer the service credit in the form that the Retirement Agency provides, along with all documentation required by the Retirement Agency; and
B. Deposit into the annuity savings fund of the new system any member contributions plus interest that are required to be deposited pursuant to State Personnel and Pensions Article, §
									37-203 or  37-203.1, Annotated Code of Maryland.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 05 - SERVICE CREDIT › Chapter 22.05.05 - Transfers of Service Credit"Waivers › Section 22.05.05.03 - Automatic Waiver of 1-Year Requirement

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Agency shall grant an automatic waiver of the 1-year filing requirement if:
(1) The member submits a completed application to transfer the service credit in the form that the Retirement Agency provides, along with all documentation required by the Retirement Agency, within 1 year of becoming a member of the new system;
(2) The required deposit of member contributions plus interest, in accordance with Regulation .02B of this chapter, does not occur within 1 year; and
(3) The delay in the deposit of member contributions is attributable solely to the failure of the member's previous employer to transfer the member contributions.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 05 - SERVICE CREDIT › Chapter 22.05.05 - Transfers of Service Credit"Waivers › Section 22.05.05.04 - Requests for Waiver of 1-Year Requirement

Current through Register Vol. 51, No. 14, July 12, 2024
A. A member who fails to make a claim to transfer service credit within 1 year of becoming a member of the new system in accordance with Regulation .02 of this chapter for any reason other than is set forth in Regulation .03 of this chapter, may request the Executive Director to accept the member's claim to transfer service credit accrued in the individual's previous system by submitting a written statement, along with any supporting documentation, which details the reasons why the member did not make a claim to transfer service credit within 1 year of becoming a member of the new system.
B. A request for a waiver shall be made within 4 years of becoming a member of the new system. A member or former member who became eligible to transfer service credit prior to July 1, 2007, may apply for a waiver of the 1-year requirement on or before June 30, 2011.
C. A member who requests a waiver based on Regulation .05A(2) of this chapter shall provide written certification from the member's previous or current employer that the sole reason that the member failed to make a claim within 1 year was due to misinformation from or mishandling by the member's employer. The written certification shall be from the member's appointing authority, the Secretary or the Deputy Secretary of the member's principal department, or, if the member does not work for a principal department, the equivalent agency head.
D. Upon receipt of a request for waiver, the Executive Director may request, and the member shall provide, any additional information or documentation that the Executive Director considers appropriate to substantiate the member's request.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 05 - SERVICE CREDIT › Chapter 22.05.05 - Transfers of Service Credit"Waivers › Section 22.05.05.05 - Review of a Request for Waiver of 1-Year Requirement by the Executive Director

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Executive Director may accept a member's request for a waiver if the member demonstrates, to the satisfaction of the Executive Director, that:
(1) The member's failure to make a claim to transfer service credit within 1 year was attributable solely to physical or mental incapacity during the filing period; or
(2) The member's failure to make a claim to transfer service credit within 1 year was attributable solely to misinformation or mishandling by the member's employer, and the member provides the certification required in Regulation .04C of this chapter.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 05 - SERVICE CREDIT › Chapter 22.05.05 - Transfers of Service Credit"Waivers › Section 22.05.05.06 - Review of the Denial of a Request for Waiver by the Administrative Committee of the Board of Trustees

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Administrative Committee may overturn the decision of the Executive Director and accept a member's request for a waiver if the Administrative Committee finds that the member's failure to make a claim to transfer service credit within 1 year was due to one of the reasons specified in Regulation .05A of this chapter.
B. The review of the denial of a request for a waiver by the Administrative Committee is not a contested case under State Government Article, §
									10-202, Annotated Code of Maryland, for which a hearing is required under COMAR 22.03.04.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 05 - SERVICE CREDIT › Chapter 22.05.06 - Service Credit for Officers of Employee Organizations › Section 22.05.06.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following term has the meaning indicated.
B. Term Defined. "Employee organization" means an organization designated as the exclusive representative under a public bargaining law or the State affiliate of an organization so designated.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 05 - SERVICE CREDIT › Chapter 22.05.06 - Service Credit for Officers of Employee Organizations › Section 22.05.06.02 - Grant of Eligibility and Creditable Service Credit

Current through Register Vol. 51, No. 14, July 12, 2024
A member who is elected to serve as a full-time executive officer of an employee organization may receive eligibility and creditable service for the period the member serves as such officer if, during that period:
A. the member remits member contributions, if any; and
B. the participating employer remits employer contributions payable with respect to the member's earnable compensation as provided in the member's State system. The employee organization may not remit payments of member or employer contributions to the Retirement Agency.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 05 - SERVICE CREDIT › Chapter 22.05.06 - Service Credit for Officers of Employee Organizations › Section 22.05.06.03 - Limits on Service Credit

Current through Register Vol. 51, No. 14, July 12, 2024
If the member elected as an officer of the employee organization becomes eligible to receive a retirement benefit of any type from the employee organization, the member shall notify the Retirement Agency and is subject to the following limitations with respect to his retirement benefit from the State system:
A. The member may only receive a maximum of 5 years eligibility and creditable service; and
B. The member must have 5 years of eligibility or creditable service with one or more participating employers before receiving eligibility or creditable service for time spent as an officer of an employee organization.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 06 - DISABILITY RETIREMENT › Chapter 22.06.01 - Definitions and General Provisions › Section 22.06.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This subtitle does not apply to the Judges' Retirement System or the Legislative Pension Plan.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 06 - DISABILITY RETIREMENT › Chapter 22.06.01 - Definitions and General Provisions › Section 22.06.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this subtitle, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Accidental disability retirement "means:
(a) An accidental disability retirement allowance granted in accordance with State Personnel and Pensions Article, §
											29-109, Annotated Code of Maryland; or
(b) A special disability retirement allowance granted to a member of the State Police Retirement System in accordance with State Personnel and Pensions Article, §
											29-111, Annotated Code of Maryland.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 06 - DISABILITY RETIREMENT › Chapter 22.06.01 - Definitions and General Provisions › Section 22.06.01.03 - Completion and Submission of a Disability Form

Current through Register Vol. 51, No. 14, July 12, 2024
A. Completion of a Disability Form.
(1) A disability form is properly completed only if the form:
(a) Is dated and signed in accordance with §A(2) of this regulation;
(b) If the form is an Application for Disability Retirement or Preliminary Application for Disability Retirement, is properly acknowledged by a notary public; and
(c) Is completed in accordance with:
(i) The form's instructions; and
(ii) If the form is a Statement of Disability, the requirements set forth in COMAR 22.06.02.02A.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 06 - DISABILITY RETIREMENT › Chapter 22.06.01 - Definitions and General Provisions › Section 22.06.01.04 - When Membership in a State System Ends

Current through Register Vol. 51, No. 14, July 12, 2024
A. Membership in a State system ends in accordance with the provisions of State Personnel and Pensions Article, Division II, Annotated Code of Maryland.
B. In the event of the death of a member, membership continues until 11:59 p.m. on the date of death of the member.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 06 - DISABILITY RETIREMENT › Chapter 22.06.01 - Definitions and General Provisions › Section 22.06.01.05 - Effect of Not Diligently Pursuing Claim or Accepting Disability Award

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant shall diligently pursue the applicant's claim for disability retirement.
B. Subject to §C of this regulation, the Retirement Agency shall close an applicant's file if the applicant:
(1) Does not provide the Retirement Agency information or documentation requested by the Retirement Agency or the medical board within 45 days of the date of the request;
(2) Does not agree to report for an independent medical evaluation;
(3) Fails to report for a scheduled independent medical evaluation and does not request a postponement at least 5 business days before the date of the evaluation;
(4) If the Board of Trustees awards the applicant a disability retirement, fails to accept a disability retirement or a service retirement within 120 days of the date of the Board of Trustees' award;
(5) Fails to comply with any time requirement in this subtitle; or
(6) Otherwise fails to diligently pursue the applicant's claim for disability retirement.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 06 - DISABILITY RETIREMENT › Chapter 22.06.01 - Definitions and General Provisions › Section 22.06.01.06 - Access to File

Current through Register Vol. 51, No. 14, July 12, 2024
On written request, an applicant may review the applicant's record on file at the Retirement Agency during normal business hours.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 06 - DISABILITY RETIREMENT › Chapter 22.06.02 - Filing for Disability Retirement › Section 22.06.02.01 - Filing for Disability Retirement

Current through Register Vol. 51, No. 14, July 12, 2024
Except as provided in State Personnel and Pensions Article, §
									29-104, Annotated Code of Maryland, and Regulations .03 and .04 of this chapter, to apply for disability retirement, a member must properly complete and submit a Statement of Disability and Preliminary Application for Disability Retirement before the date membership ends.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 06 - DISABILITY RETIREMENT › Chapter 22.06.02 - Filing for Disability Retirement › Section 22.06.02.02 - Statement of Disability

Current through Register Vol. 51, No. 14, July 12, 2024
A. A Statement of Disability submitted to the Retirement Agency shall:
(1) Identify the mental or physical condition that is claimed to have permanently incapacitated the applicant for the further performance of the normal duties of the applicant's position;
(2) Give the applicant's consent to report for one or more independent medical evaluations at the request of the Retirement Agency; and
(3) Provide the information and documents requested by the Retirement Agency, including but not limited to:
(a) A report completed by the applicant's physician in the format required by the Retirement Agency;
(b) A written authorization for the release of medical records and personnel records to the Retirement Agency, medical board, and the physicians designated by the Retirement Agency;
(c) A copy of the applicant's position description that is signed and dated by the applicant's employer;
(d) Any reports of injury filed with the applicant's employer;
(e) Any disability determinations rendered by the Social Security Administration;
(f) The applicant's attendance record for the 12-month period preceding the submission of the Statement of Disability; and
(g) The applicant's most recent written employment performance evaluation, if any.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 06 - DISABILITY RETIREMENT › Chapter 22.06.02 - Filing for Disability Retirement › Section 22.06.02.03 - Filing for Disability Retirement for a Member

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this regulation, "department head" means the individual who has the power to make appointments and terminate employment with regard to the member's position.
B. Except as provided in §§C and D of this regulation, and subject to §E of this regulation, if a member is unable to apply for disability retirement, the member's department head may apply for disability retirement for the member.
C. If a member of the Teachers' Pension System or Teachers' Retirement System is unable to apply for disability retirement, subject to §E of this regulation, the member's State or county superintendent may file for disability retirement for the member.
D. State Police Retirement System.
(1) Subject to §E of this regulation, the Secretary of State Police may apply for disability retirement for a member of the State Police Retirement System if the following criteria are satisfied:
(a) The member:
(i) Is unable to apply for disability retirement; or
(ii) Refuses a request of the Secretary of State Police to apply for disability retirement;
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 06 - DISABILITY RETIREMENT › Chapter 22.06.02 - Filing for Disability Retirement › Section 22.06.02.04 - Disability Form Filed by a Former Member

Current through Register Vol. 51, No. 14, July 12, 2024
A. A former member who satisfies the requirements set forth in §B of this regulation may apply for disability retirement only if the former member proves to the satisfaction of the medical board that the failure to apply for disability retirement before the date membership ended was attributable solely to the physical or mental incapacity of the former member during membership.
B. Applying for a Disability Retirement.
(1) To apply for disability retirement, a former member shall:
(a) Properly complete and submit a Statement of Disability and Preliminary Application for Disability Retirement within 24 months after the month membership ended; or
(b) If the former member was in the Teachers' Retirement System, properly complete and submit a Statement of Disability and Preliminary Application for Disability Retirement within 12 months after the month membership ended.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 06 - DISABILITY RETIREMENT › Chapter 22.06.02 - Filing for Disability Retirement › Section 22.06.02.05 - Application for Service and Disability Retirement

Current through Register Vol. 51, No. 14, July 12, 2024
A. A member or former member who has filed an application for service retirement may not apply for disability retirement on or after the effective date of retirement.
B. A member or former member who applies for service retirement may apply for disability retirement only if the member or former member submits a properly completed Statement of Disability and Preliminary Application for Disability Retirement before the effective date of retirement.
C. If the member or former member does not comply with §B of this regulation, or does not diligently pursue the application for disability retirement in accordance with COMAR 22.06.01.05A, the Retirement Agency shall close the member or former member's file and the member or former member shall have no further right to apply for disability retirement.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 06 - DISABILITY RETIREMENT › Chapter 22.06.02 - Filing for Disability Retirement › Section 22.06.02.06 - Terminal Illness

Current through Register Vol. 51, No. 14, July 12, 2024
An applicant who is terminally ill or an employer who files for disability retirement for a member who is terminally ill may request expedited review of the applicant's disability claim by providing medical documentation to the Retirement Agency indicating that the applicant is terminally ill.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 06 - DISABILITY RETIREMENT › Chapter 22.06.03 - Review of Claims for Disability Retirement › Section 22.06.03.01 - Disability Unit's Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. Disability Forms Review.
(1) On receipt of a Statement of Disability and Preliminary Application for Disability Retirement, the Disability Unit will conduct a disability forms review to determine whether:
(a) The appropriate disability forms have been properly completed and include the required information and documentation;
(b) Except as permitted under COMAR 22.06.02.04A, the disability forms were submitted to the Retirement Agency before the date membership ended; and
(c) If the applicant has filed a claim for ordinary disability retirement only, the applicant has at least 5 years of eligibility service.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 06 - DISABILITY RETIREMENT › Chapter 22.06.03 - Review of Claims for Disability Retirement › Section 22.06.03.02 - The Medical Board's Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. Disabled or Not.
(1) In a claim for ordinary or accidental disability retirement, the medical board shall certify whether or not:
(a) An applicant is mentally or physically incapacitated for the further performance of the normal duties of the applicant's position;
(b) The incapacity is likely to be permanent; and
(c) The applicant should be retired.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 06 - DISABILITY RETIREMENT › Chapter 22.06.03 - Review of Claims for Disability Retirement › Section 22.06.03.03 - Determination of an Applicant's Claim

Current through Register Vol. 51, No. 14, July 12, 2024
A. Disability Has Been Certified.
(1) Except as provided in §A(2) of this regulation, if the medical board certifies that the applicant is disabled and recommends that the Board of Trustees grant ordinary disability retirement, the Disability Unit shall forward the certification to the Executive Director for action by the Board of Trustees as provided in COMAR 22.06.05.
(2) If the applicant is not eligible for ordinary disability retirement because the applicant has fewer than 5 years of eligibility service, the Disability Unit shall forward the certification only if the medical board recommends that the Board of Trustees grant accidental disability retirement.
(3) In the case of an applicant who has been certified disabled by the medical board and who filed a claim for accidental disability retirement:
(a) If the medical board recommends that the Board of Trustees grant accidental disability retirement, the Disability Unit shall forward its recommendation to the Executive Director for action by the Board as provided in COMAR 22.06.05; or
(b) If the medical board recommends that the Board of Trustees deny accidental retirement, following action by the Board of Trustees on the award of ordinary disability retirement as provided in COMAR 22.06.05, the Disability Unit shall:
(i) Notify the applicant of the Board of Trustees' decision on ordinary disability retirement in accordance with COMAR 22.06.05.02C; and
(ii) Advise the applicant of the medical board's recommended denial of accidental disability retirement and the applicant's right to request reconsideration of the medical board's recommendation as provided in §C of this regulation.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 06 - DISABILITY RETIREMENT › Chapter 22.06.04 - Reconsideration › Section 22.06.04.01 - Reconsideration

Current through Register Vol. 51, No. 14, July 12, 2024
A. If an applicant, in accordance with COMAR 22.06.03.03C, timely requests reconsideration of a recommendation to deny ordinary disability retirement, the medical board shall reconsider an applicant's file, including any additional evidence submitted with the applicant's request for reconsideration.
B. If an applicant, in accordance with COMAR 22.06.03.03C, timely requests reconsideration of a recommendation to deny accidental disability retirement, the medical board and the Disability Unit shall reconsider an applicant's file, including any additional evidence submitted with the applicant's request for reconsideration.
C. The medical board or the Disability Unit may take one or more of the following actions to facilitate reconsideration:
(1) Request additional information from the applicant or the applicant's employer;
(2) Require the applicant to report for an independent medical evaluation; or
(3) Suspend review for a period not to exceed 1 year until a determination can be reached regarding the effectiveness of treatment or whether the applicant has reached maximum medical improvement.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 06 - DISABILITY RETIREMENT › Chapter 22.06.05 - Board of Trustees Review › Section 22.06.05.01 - Disability Report

Current through Register Vol. 51, No. 14, July 12, 2024
A. At each regular meeting of the Board of Trustees, the Executive Director shall submit a disability report to the Board of Trustees that summarizes the recommendations of the medical board on the claims for disability retirement.
B. At a minimum, the disability report shall contain the following information:
(1) The name of each applicant whom the medical board recommends be granted an ordinary disability retirement;
(2) The name of each applicant whom the medical board recommends be granted an accidental disability retirement;
(3) The name of each applicant whom the medical board recommends be granted an ordinary disability retirement but denied an accidental disability retirement; and
(4) The name of each applicant whom the medical board recommends be denied an ordinary disability retirement or an accidental disability retirement.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 06 - DISABILITY RETIREMENT › Chapter 22.06.05 - Board of Trustees Review › Section 22.06.05.02 - Board of Trustees' Action on the Disability Report

Current through Register Vol. 51, No. 14, July 12, 2024
A. With respect to each applicant listed on the disability report, a majority of the Board of Trustees shall:
(1) Adopt the recommendation of the medical board to grant or deny a disability retirement; or
(2) Remand the disability claim to the Retirement Agency for additional review or information.