reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.02 - Public Information Act Requests › Section 22.01.02.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter sets out the procedures for filing and processing requests to the Retirement Agency for the inspection and copying of public records of the Board of Trustees or the Retirement Agency under the Public Information Act, General Provisions Article, Title 4, Annotated Code of Maryland. It is the policy of the Board of Trustees to facilitate public access to the public records of the Board of Trustees and the Retirement Agency, when this access is allowed by law, by minimizing costs and time delays to applicants. It is also the policy of the Board of Trustees to safeguard the privacy of participants in any of the several systems by restricting access to records when access is denied or restricted by law. Further, it is the policy of the Board of Trustees to restrict access to certain investment records when access is denied or restricted by law.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.02 - Public Information Act Requests › Section 22.01.02.03 - Availability of Requested Public Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. The public records of, or in the custody of, the Board of Trustees or Retirement Agency are available for inspection and copying only to the extent provided under the Act and in this regulation.
B. Except for any portion of a retirement record that is exempt from disclosure under the Act or this regulation, a retirement record is available for inspection and copying:
(1) By the person in interest;
(2) By the appointing authority of the person in interest;
(3) After the death of the person in interest, by:
(a) The person in interest's designated beneficiary;
(b) The personal representative of the person in interest's estate; or
(c) Any person who demonstrates to the satisfaction of the Executive Director that the person has a valid claim to the benefits of the person in interest;
(4) By a law enforcement agency in order to obtain the home address of a retired employee of the law enforcement agency when contact with a retired employee is documented to be necessary for official agency business; or
(5) By the employees of a county unit that, by county law, is required to audit the retirement records for current or former employees of the county, if the county unit and the employees of the county unit agree to protect the confidentiality of the records in accordance with Regulation .10 of this chapter.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.02 - Public Information Act Requests › Section 22.01.02.04 - Application to Inspect, Copy, or Receive Information from Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §B of this regulation, a person or governmental unit wishing to inspect a public record in the custody and control of the Retirement Agency shall submit a written application to the Agency custodian.
B. A person or governmental unit need not submit a written application to the Agency custodian if:
(1) The requested public record is of a type that the Retirement Agency has designated and listed as being available to any applicant immediately on request; or
(2) The Agency custodian waives the requirement for a written application.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.02 - Public Information Act Requests › Section 22.01.02.05 - Response Granting Applicant's Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the Agency custodian decides to grant a request for inspection in its entirety, the custodian shall produce the public record for inspection:
(1) Immediately; or
(2) Within a reasonable period, not to exceed 30 days after the date of the request, if that period is needed to retrieve the public record and conduct any necessary review.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.02 - Public Information Act Requests › Section 22.01.02.06 - Response Denying All or Part of Applicant's Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the Agency custodian determines that a requested record no longer exists, then the Agency shall notify the applicant of that determination:
(1) Immediately, if the custodian reached that determination on initial review of the application; or
(2) Promptly after completing a search for potentially responsive public records and not more than 30 days after receiving the application.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.02 - Public Information Act Requests › Section 22.01.02.07 - Format of Public Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as otherwise provided in this section, if an applicant who is authorized to inspect a public record requests a copy, printout, or photograph of the public record, the Agency custodian shall provide the applicant with:
(1) A copy, printout, or photograph of the public record; or
(2) If the custodian does not have facilities to reproduce the public record, access to the public record to make the copy, printout, or photograph.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.02 - Public Information Act Requests › Section 22.01.02.08 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Fee Schedule for Certifying and Copying a Public Record.
(1) If the public records are susceptible to photocopying, the charge for each copy of a document is:
(a) 25 cents per page for copies made on a photocopying machine within the Retirement Agency offices; or
(b) Based on actual costs of reproduction if the copies could not be made on a photocopying machine within the Retirement Agency offices.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.02 - Public Information Act Requests › Section 22.01.02.09 - Time and Place of Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant may inspect a public record during the normal working hours of any working day of the Retirement Agency.
B. The place of inspection shall be the place where the document is located unless the Agency custodian determines that another place of inspection is more suitable and convenient after taking into account any expressed wish of the applicant.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.02 - Public Information Act Requests › Section 22.01.02.10 - Protection of Privacy and Confidentiality

Current through Register Vol. 51, No. 14, July 12, 2024
A person entitled by law to inspect or obtain copies of any records set forth in Regulation .03B(4) and (5), F, and G of this chapter shall, before inspection, in writing:
A. Specify the basis for the request;
B. Agree not to release any information derived from the inspection to a third party without the express prior agreement, in writing, of the Agency custodian; and
C. Agree to the entry of an appropriate protective order in a court of competent jurisdiction ensuring that information may not be disclosed generally.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.02 - Public Information Act Requests › Section 22.01.02.11 - Maintenance of Records; Relevance of Material

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Agency shall maintain records which are not subject to public inspection under this chapter in a manner which assures the right to privacy of the individual who is the subject of the record.
B. The Retirement Agency may retain in its records only information which is relevant and necessary to accomplish the purpose of the Board of Trustees and the Retirement Agency.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.02 - Public Information Act Requests › Section 22.01.02.12 - Referral and Review of Disputes

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the Retirement Agency's fee for responding to an applicant's public record request exceeds $350 and the applicant considers it unreasonable, the applicant may file a complaint with the Public Information Act Compliance Board, and appeal from a decision of that Board, as stated in General Provisions Article, Title 4, Subtitle I A, and § 4-362, Annotated Code of Maryland.
B. The applicant may refer to the Public Access Ombudsman, as stated in General Provisions Article, Title 4, Subtitle 1A, a dispute concerning any of the following issues:
(1) The custodian's application of an exemption from disclosure;
(2) Redactions of information in the public record;
(3) The failure of the custodian to produce a public record in a timely manner or to disclose all records relevant to the request;
(4) Overly broad requests for public records;
(5) The amount of time a custodian needs, given available staff and resources, to produce public records;
(6) A request for or denial of a fee waiver; and
(7) Repetitive or redundant requests from an applicant.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.02 - Public Information Act Requests › Section 22.01.02.13 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subject to §E of this regulation, the Agency custodian shall provide copies and printouts only on payment of the applicable fee by the applicant.
B. Fee Schedule for Certifying and Copying a Public Record.
(1) The charge for each copy of a document is 25 cents per page if the reproduction is made on a photocopying machine within the Retirement Agency offices. If the public records are not susceptible to photocopying, for example, diskettes, magnetic cartridges, magnetic tapes, drawings, maps, blueprints, microfilm, or photographs, or the public record cannot be copied on equipment located in the Retirement Agency offices, the fee for copies will be based on the actual costs of reproduction.
(2) If the public record requested to be reproduced is more than 25 pages, the Agency custodian shall charge a $3.50 per hour photocopying processing fee in addition to the per page fee.
(3) If an applicant requests that a copy of a public record be certified as a true copy, the Agency custodian shall charge an additional fee of $1 per record.
(4) If the Agency custodian is required to provide a computer printout, the charge for the printout shall include all related expenses associated with the time expended to produce the computer printout.
(5) Search Fees.
(a) Except as provided in §B(5)(b) of this regulation, the Agency custodian may charge reasonable fees for the search and preparation of public records for inspection and copying, in addition to the cost for reproduction.
(b) The Agency custodian may not charge search or preparation fees for the first 2 hours of official or employee time that is needed to respond to a request for information.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.02 - Public Information Act Requests › Section 22.01.02.14 - Time and Place of Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant may inspect a public record during the normal working hours of the Retirement Agency.
B. The place of inspection shall be the place where the document is located unless the Agency custodian determines that another place of inspection is more suitable and convenient after taking into account any expressed wish of the applicant.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.02 - Public Information Act Requests › Section 22.01.02.15 - Protection of Privacy and Confidentiality

Current through Register Vol. 51, No. 14, July 12, 2024
A person entitled by law to inspect or obtain copies of any records set forth in Regulation .05B(4), B(5), F, and G of this chapter shall, before inspection, in writing:
A. Specify the basis for the request;
B. Agree not to release any information derived from the inspection to a third party without the express prior agreement, in writing, of the Agency custodian; and
C. Agree to the entry of an appropriate protective order in a court of competent jurisdiction ensuring that information may not be disclosed generally.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.02 - Public Information Act Requests › Section 22.01.02.16 - Maintenance of Records; Relevance of Material

Current through Register Vol. 51, No. 14, July 12, 2024
A. Records which are not subject to public inspection under this chapter shall be maintained by the Agency custodian in a manner which assures that the right to privacy of the individual who is the subject of the record is maintained.
B. Only information which is relevant and necessary to accomplish the purpose of the Board of Trustees and the Retirement Agency may be maintained in records of the Retirement Agency.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.03 - Domestic Relations Orders › Section 22.01.03.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes procedures for review and administration by the Agency of an eligible domestic relations order which assigns to an alternate payee all or a portion of the plan benefit payable to a participant. This chapter also sets forth the circumstances that will result in rejection of a domestic relations order by the Agency.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.03 - Domestic Relations Orders › Section 22.01.03.03 - Eligible Domestic Relations Orders

Current through Register Vol. 51, No. 14, July 12, 2024
A. Domestic relations orders shall be submitted to the Agency and shall be directed to the attention of Eligible Domestic Relations Orders.
B. A domestic relations order shall constitute an eligible domestic relations order only if it satisfies all of the following requirements:
(1) Contains the:
(a) Name of the State system or State systems to which the order applies;
(b) Name and last known mailing address of the participant;
(c) Name and last known mailing address of the alternate payee; and
(d) Date of the parties' marriage, and the date of the parties' divorce;
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.03 - Domestic Relations Orders › Section 22.01.03.04 - Administration of an Eligible Domestic Relations Order

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Agency shall issue a notice of administration to each party to an eligible domestic relations order which specifies how the Agency shall administer the division of the participant's plan benefits under the order.
B. Subject to §C of this regulation, the Agency shall pay plan benefits to a participant and an alternate payee in accordance with the notice of administration issued under §A of this regulation.
C. Notice of Disagreement.
(1) Within 45 days of the date that a notice of administration is sent to the parties, a party shall advise the Agency and the other party to the order, in writing, if the party disagrees with the Agency's proposed method of distribution set forth in the notice of administration and the basis for the party's disagreement.
(2) On receipt of a notice of disagreement from a party, if the Agency determines that a genuine dispute exists regarding the proper interpretation of the order, the Agency shall:
(a) Refrain from making payment of plan benefits to the participant and the alternate payee as soon as practical;
(b) Request the parties to the order to:
(i) Obtain and submit an amended order in accordance with Regulation .06 of this chapter; or
(ii) Promptly file a consent agreement with the Agency; and
(c) Notify the parties that payment of plan benefits shall begin not earlier than the last day of the month following the month of receipt of the amended order or consent agreement.
(3) The Agency shall begin making payments of plan benefits to the participant and the alternate payee as provided in the consent agreement as soon as is practicable. Unless otherwise provided in the consent agreement, the payments shall be retroactive to the date the Agency ceased making payments to the participant and the alternate payee. Interest is not payable by the Agency with respect to any plan benefits that were not paid when due.
(4) If the Agency does not receive a consent agreement or an amended eligible domestic relations order within 3 months following receipt of a notice of disagreement from a party, the Agency shall administer the domestic relations order in accordance with the notice of administration.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.03 - Domestic Relations Orders › Section 22.01.03.05 - Rejection of Domestic Relations Order

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Agency shall reject a domestic relations order that is not an eligible domestic relations order.
B. If the Agency rejects a domestic relations order, the Agency shall notify the participant and the alternate payee, in writing, that it has rejected the order and specify the reason or reasons for rejection of the order. The Agency shall provide a copy of this chapter with the rejection notice to the parties to the domestic relations order.
C. The System, the Agency, and the Board of Trustees are not liable for payment of benefits to a person pursuant to a domestic relations order if the order is not an eligible domestic relations order.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.03 - Domestic Relations Orders › Section 22.01.03.06 - Amendment or Modification of Order

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Agency does not have an obligation to determine if a domestic relations order has been amended or modified. If a court amends a domestic relations order, the participant or alternate payee shall submit the amended or modified order to the Agency.
B. On receipt of the amended or modified order, the Agency shall:
(1) Determine whether the amended or modified order is an eligible domestic relations order; and
(2) Issue a notice of administration or reject the amended or modified domestic relations order as provided in Regulations .04 and .05 of this chapter.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.03 - Domestic Relations Orders › Section 22.01.03.07 - Formula for Computation of Plan Benefit

Current through Register Vol. 51, No. 14, July 12, 2024
A. Parties to a domestic relations order may use a formula, including a marital share fraction, to determine the amount or percentage of a participant's plan benefit which is payable to an alternate payee if:
(1) The formula is expressed in a format that the Agency understands;
(2) The information necessary to compute the amount or percentage of the plan benefit payable to the alternate payee under the formula is:
(a) Expressly provided in the domestic relations order; or
(b) Readily ascertainable from data in the Agency's records at the time the plan benefitbecomes payable;
(3) Where the plan benefit is payable in regular installments, the formula does not require the Agency to recompute the amount or percentage of the plan benefit that is payable to the alternate payee after the first payment is made; and
(4) Where the formula refers to an amount of time, the formula is expressed in terms of months, and not years or days.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.03 - Domestic Relations Orders › Section 22.01.03.08 - Alternate Payee Responsibilities

Current through Register Vol. 51, No. 14, July 12, 2024
An alternate payee shall promptly:
A. Submit a certified or true-test copy of a domestic relations order and any modifications or amendments to the order to the Agency;
B. Provide the following information to the Agency in writing contemporaneously with the submission of a domestic relations order:
(1) The Social Security numbers and dates of birth of the participant and the alternate payee; and
(2) The current address and current telephone number of the alternate payee;
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.03 - Domestic Relations Orders › Section 22.01.03.09 - Participant Responsibilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. A participant shall promptly:
(1) Notify the Agency in writing of:
(a) Any change of the participant's name, address, or telephone number; or
(b) The death of the alternate payee;
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.03 - Domestic Relations Orders › Section 22.01.03.10 - Compliance with 26 U.S.C. Section414(p) for Eligible Domestic Relations Orders

Current through Register Vol. 51, No. 14, July 12, 2024
A. An eligible domestic relations order does not include a qualified domestic relations order as defined in the Employees' Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986.
B. Nothing in §A of this regulation modifies the definition of eligible domestic relations order or the requirements of Regulation .03B of this chapter.
C. For the limited purpose of minimum distributions, taxation, and rollovers, benefits payable pursuant to an eligible domestic relations order shall be subject to and shall comply with 26 U.S.C. §
										414(p).
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.04 - Average Final Compensation › Section 22.01.04.02 - Average Final Compensation - Retirement Systems

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation applies only to the Correctional Officers' Retirement System, the Employees' Retirement System, the State Police Retirement System, and the Teachers' Retirement System.
B. Except as provided in §§D and E of this regulation, the average final compensation of a member who became a member before July 1, 2011 equals the average annual earnable compensation of the member, adjusted as provided in Regulation .04 of this chapter, for the:
(1) 3 years of employment as a member during which the member's earnable compensation was highest, if the member was employed at least 3 years as a member; or
(2) Member's total period of employment, if the member was employed less than 3 years as a member.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.04 - Average Final Compensation › Section 22.01.04.03 - Average Final Compensation - Pension Systems

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation applies only to the Employees' Pension System, the Local Fire and Police System, the Law Enforcement Officers' Pension System, and the Teachers' Pension System.
B. Except as provided in §D of this regulation, for the purpose of computing benefits under State Personnel and Pensions Article, Division II, Annotated Code of Maryland, the average final compensation of a member who became a member before July 1, 2011 equals the average annual earnable compensation of the member, adjusted as provided in Regulation .04 of this chapter, for the:
(1) 3 consecutive years that provide the highest average earnable compensation; or
(2) Member's total period of employment, if the member was employed less than 3 years as a member.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.04 - Average Final Compensation › Section 22.01.04.04 - Adjustment to Earnable Compensation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board of Trustees shall adjust the member's annual earnable compensation if, during the time period included in the computation of average final compensation, the member:
(1) Was on a qualifying leave of absence; and
(2) Received eligibility service credit as provided in COMAR 22.05.01.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.04 - Average Final Compensation › Section 22.01.04.05 - Extraordinary Salary Increase - Board of Trustees' Determination

Current through Register Vol. 51, No. 14, July 12, 2024
A. Retirement Agency's Report and Notice.
(1) The Retirement Agency shall issue a preliminary report that includes the following information:
(a) The name of each member that the Retirement Agency has preliminarily determined to have received an extraordinary salary increase;
(b) The name of the member's employer;
(c) The amount of the increase in the member's average annual earnable compensation;
(d) The reason or reasons for the increase; and
(e) A comparison of the member's allowance calculated with and without inclusion of the extraordinary salary increase in the member's annual final compensation.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.05 - Proof of Date of Birth › Section 22.01.05.01 - Definition

Current through Register Vol. 51, No. 14, July 12, 2024
In this chapter, "alternate payee" means a former spouse named in an eligible domestic relations order that the Retirement Agency has accepted for administration pursuant to a notice of administration issued in accordance with State Personnel and Pensions Article, §
									21-502, Annotated Code of Maryland, and COMAR 22.01.03.04.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.05 - Proof of Date of Birth › Section 22.01.05.02 - 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 01 - GENERAL REGULATIONS › Chapter 22.01.06 - Payment of Benefits › Section 22.01.06.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following words have the meanings indicated.
B. Terms Defined.
(1) "Alternate payee " means a former spouse named in an eligible domestic relations order that the Retirement Agency has accepted for administration pursuant to a notice of administration issued in accordance with State Personnel and Pensions Article, §
										21-502, Annotated Code of Maryland, and COMAR 22.01.03.04.
(2) 'Participant" has the meaning set forth in COMAR 2 2.01.01.0IB.
(3) 'Payee " means a participant or alternate payee.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.06 - Payment of Benefits › Section 22.01.06.02 - Electronic Fund Transfer

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in Regulation .04 of this chapter, the Retirement Agency shall pay the allowance of a payee by electronic fund transfer to the institution designated by the payee as provided in this regulation.
B. A payee shall properly complete the electronic fund transfer sign-up form provided by the Retirement Agency and file it with the Retirement Agency.
C. The Retirement Agency shall accept the electronic fund transfer sign-up form filed by a payee if:
(1) The form has been properly completed in accordance with the form's instructions;
(2) The institution named by the payee on the form participates in the Automated Clearing House Network;
(3) Not more than five payees share the same account number at the institution; and
(4) The Retirement Agency deems the form acceptable.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.06 - Payment of Benefits › Section 22.01.06.03 - Electronic Fund Transfer Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Retirement Agency shall transmit a payee's monthly allowance to the institution designated by the payee as set forth in Regulation .02 of this chapter.
B. The Retirement Agency shall give each payee who receives an allowance through electronic fund transfer an advice statement at least once per calendar year. The advice statement shall reflect the following:
(1) The total amount of the monthly allowance;
(2) Any amounts deducted from the monthly allowance; and
(3) The portion of the monthly allowance electronically transferred.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.06 - Payment of Benefits › Section 22.01.06.04 - Payment of Allowance by Check

Current through Register Vol. 51, No. 14, July 12, 2024
A. A payee may request payment of an allowance by check instead of an electronic fund transfer.
B. The request shall be in writing to the Executive Director and describe the hardship created by the electronic fund transfer of the payee's monthly allowance. The payee may submit documentation to support the hardship with the request to the Executive Director.
C. The Executive Director or the Executive Director's designee may grant the request on a temporary or indefinite basis and allow payment of the monthly allowance by check if the payee:
(1) Lives outside the United States;
(2) Maintains a bank account with a financial institution that is not a member of the Automated Clearing House Network,
(3) Receives less than a $250 net monthly allowance;
(4) Is of an advanced age, has a disability, or both, affecting the payee's ability to maintain or access a bank account, or both;
(5) Resides in a remote geographic location lacking the infrastructure to support electronic fund transfer;
(6) Has been denied the opportunity to open or maintain a banking account; or
(7) Demonstrates that circumstances exist that would create a hardship if the payee is required to receive an allowance by electronic funds transfer.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.06 - Payment of Benefits › Section 22.01.06.05 - Suspension of Payment

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Retirement Agency may suspend payment of a payee's benefit of any type for reasons including, but not limited to, the following:
(1) The payee fails to submit a properly completed electronic fund transfer sign-up form required for a monthly allowance;
(2) The payee fails to provide a current mailing address;
(3) The payee fails to return a properly completed verification form required to confirm receipt of a monthly allowance;
(4) The Retirement Agency receives conflicting payment instructions ;
(5) The Retirement Agency has reason to believe the payee is a "vulnerable adult" being subject to "exploitation", as those terms are defined by Family Law Article, §
										14-101, Annotated Code of Maryland;
(6) The Retirement Agency has reason to believe the payee is no longer living; or
(7) The Retirement Agency has reason to believe that it has received false or fraudulent information.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.06 - Payment of Benefits › Section 22.01.06.06 - Deductions from Allowance

Current through Register Vol. 51, No. 14, July 12, 2024
A. A retiree may elect to have the Retirement Agency deduct from the retiree's allowance and pay for the retiree:
(1) Dues for a retiree or employee organization that the Executive Director has approved to receive deductions;
(2) To the extent approved by the Executive Director, payments to the State Employees' Credit Union of Maryland, Inc.;
(3) To the extent approved by the Executive Director, all or part of a premium for:
(a) Insurance offered through an employee organization; or
(b) State-approved or locally approved insurance for retirees; or
(4) If approved by the Executive Director, charitable contributions in connection with the Maryland Charity Campaign conducted by the Secretary of State.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.07 - Designation of Beneficiary › Section 22.01.07.01 - Definition

Current through Register Vol. 51, No. 14, July 12, 2024
"Survivor benefit" means a benefit payable under State Personnel and Pensions Article, Division II, Annotated Code of Maryland, on the death of a member, former member, or retiree.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.07 - Designation of Beneficiary › Section 22.01.07.02 - Designation of Beneficiary Form

Current through Register Vol. 51, No. 14, July 12, 2024
A. Completion and Filing of Designation of Beneficiary Form.
(1) A member, former member, or retiree may designate a beneficiary to receive a survivor benefit by properly completing the appropriate form that the Retirement Agency provides and filing it with the Retirement Agency.
(2) A designation of beneficiary form is properly completed if it is completed in accordance with the form's instructions, dated, signed by the member, former member, or retiree, and properly acknowledged by a notary public.
(3) Filing a Designation of Beneficiary Form.
(a) A designation of beneficiary form is filed on the date that it is received by the Retirement Agency.
(b) A designation of beneficiary form is not considered filed if it is submitted to the employing agency of a member, former member, or retiree.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.07 - Designation of Beneficiary › Section 22.01.07.03 - Designation of Minor Beneficiary

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation applies only if a designated beneficiary is not 18 years old or older at the time of payment of the survivor benefit.
B. The Retirement Agency shall pay the survivor benefit for the benefit of the designated beneficiary to the guardian of the property of the minor beneficiary who is appointed by a court in accordance with Estates and Trusts Article, Title 13, Subtitle 2, Annotated Code of Maryland.
C. If a guardian of the property has not been appointed by a court in accordance with the Estates and Trusts Article, Title 13, Subtitle 2, Annotated Code of Maryland, the Retirement Agency shall pay the survivor benefit for the benefit of the designated beneficiary in the following order:
(1) If the individual named a custodian under the Maryland Uniform Transfers to Minors Act, Estates and Trusts Article, Title 13, Subtitle 3, Annotated Code of Maryland, to receive the survivor benefit for each minor beneficiary on the designation of beneficiary form, to the named custodian for the designated minor;
(2) If the individual named a custodian or trustee to hold property for the benefit of the minor beneficiary under a will or trust on the designation of beneficiary form, to the named custodian or trustee;
(3) If the individual did not name a custodian or trustee as provided in §C(1) or (2) of this regulation, to an adult as custodian for the benefit of the minor beneficiary under the Maryland Uniform Transfers to Minors Act, Estates and Trusts Article, Title 13, Subtitle 3, Annotated Code of Maryland, if the:
(a) Survivor benefit payable to the minor beneficiary is less than $10,000; and
(b) Executive Director considers a transfer to an adult as custodian for the benefit of the minor beneficiary under the Maryland Uniform Transfers to Minors Act to be in the best interest of the minor; or
(4) If the criteria specified in §C(3)(a) or (b) of this regulation are not satisfied, the Retirement Agency shall pay the survivor benefit only to a guardian of the property of the minor beneficiary who is appointed by a court in accordance with the Estates and Trusts Article, Title 13, Subtitle 2, Annotated Code of Maryland.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.07 - Designation of Beneficiary › Section 22.01.07.04 - No Designated Beneficiary

Current through Register Vol. 51, No. 14, July 12, 2024
Upon the death of a member, former member, or retiree, the Board of Trustees shall pay any survivor benefit to the estate ofthe member, former member or retiree if:
A. The member, former member, or retiree did not properly complete and file a designation of beneficiary form; or
B. Each designated beneficiary has predeceased the member, former member, or retiree.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.08 - Refund of Accumulated Contributions › Section 22.01.08.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes procedures for the refund of the accumulated contributions of each member or former member of a State system who separated from employment for a reason other than death or retirement.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.08 - Refund of Accumulated Contributions › Section 22.01.08.02 - Application for Withdrawal of Accumulated Contributions

Current through Register Vol. 51, No. 14, July 12, 2024
A. A member or former member who has separated from employment with a participating employer for a reason other than death or retirement and is not employed by any other participating employer may request a refund of accumulated contributions by properly completing the appropriate form that the Retirement Agency provides and filing it with the Retirement Agency.
B. A form to request a refund of accumulated contributions is properly completed if it is completed in accordance with the form's instructions and signed and dated by the member or former member.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.08 - Refund of Accumulated Contributions › Section 22.01.08.03 - Refund of Accumulated Contributions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Retirement Agency shall pay an applicant the accumulated contributions of the applicant within a reasonable time after receipt by the Retirement Agency of & properly completed application for refund form.
B. If an applicant files a photocopy, electronically transmitted copy, or facsimile copy of the application for refund form with the Retirement Agency, the applicant shall retain any original to provide to the Retirement Agency at the request of the Retirement Agency.
C. When requesting a refund of accumulated contributions, an applicant may request to have all or a portion of the refund that constitutes an eligible rollover distribution paid to an eligible retirement plan in a direct rollover in accordance with State Personnel and Pensions Article, Title 21, Subtitle 6, Annotated Code of Maryland and COMAR 22.07.02.05.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.09 - Interest - Annuity Savings Fund › Section 22.01.09.01 - 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" means a member or vested former member of a State system.
(2) "Regular interest" means interest at the rate payable on accumulated contributions as provided under State Personnel and Pensions Article, Division II, Annotated Code of Maryland, for each State system.
(3) Retirement.
(a) "Retirement" means the grant of a retirement allowance under State Personnel and Pensions Article, Division II, Annotated Code of Maryland, after separation from employment with a participating employer.
(b) "Retirement" includes the grant of a vested allowance under State Personnel and Pensions Article, Title 29, Subtitle 3, Annotated Code of Maryland.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.09 - Interest - Annuity Savings Fund › Section 22.01.09.02 - Crediting Interest

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §B or C of this regulation, the Retirement Agency shall credit regular interest to each member's individual account in the annuity savings fund of the appropriate State system on June 30 of each fiscal year in an amount equal to the sum of:
(1) 1/2 of the regular interest multiplied by the balance of the member's individual account at the beginning of the fiscal year; and
(2) 1/2 of the regular interest multiplied by the balance of the member's individual account at the earlier of the end of the fiscal year or the last day of the month in which membership ends.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.11 - Employment of a Retiree by a Participating Employer › Section 22.01.11.01 - 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) "Allowance" means a disability retirement allowance, service retirement allowance, or vested allowance.
(2) "Earnable compensation" has the meaning stated in COMAR 22.01.01.01B(5).
(3) "Earnings " means the earnable compensation received by a retiree in a calendar year.
(4) "Earnings limitation" means the annual amount that a retiree may earn in certain types of re-employment during certain periods of time after retirement, as specified by law, before the retiree's allowance is subject to a reduction.
(5) Effective Date of Retirement.
(a) "Effective date of retirement", except as provided in §B(5)(b) of this regulation, means the first day of the month in which a retiree commences receipt of an allowance.
(b) "Effective date of retirement", for the Judges' Retirement System, means the first day in which a retiree commences receipt of an allowance.
(6) "Gross annual compensation " means the total compensation paid in a calendar year, before any deductions are taken.
(7) "Retiree" means an individual who has separated from employment with a participating employer and receives an allowance.
(8) Retirement.
(a) "Retirement" means the commencement of an allowance after separation from employment with a participating employer.
(b) "Retirement" includes the commencement of a vested allowance that is deferred after separation from employment until the former member is eligible for immediate payment.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.11 - Employment of a Retiree by a Participating Employer › Section 22.01.11.02 - Required Break in Service

Current through Register Vol. 51, No. 14, July 12, 2024
A. Separation from Service Required.
(1) This section does not apply to the Legislative Pension Plan.
(2) Except as provided by law, an individual shall be separated from all employment with a participating employer at the time of retirement, and may not retire if the individual is employed by the State or other participating employer on any basis, including but not limited to employment on a temporary, permanent, or contractual basis, on the effective date of retirement.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.11 - Employment of a Retiree by a Participating Employer › Section 22.01.11.03 - Statutory Reduction if Earnings Exceed Earnings Limitation

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation applies to a retiree who is subject to an earnings limitation on employment with a participating employer as set forth in State Personnel and Pensions Article, Division II, Annotated Code of Maryland.
B. On or before January 31 of each year, a participating employer shall submit to the Retirement Agency the following information for the preceding calendar year:
(1) On request, the participating employer's tax identification number;
(2) The name and Social Security number of all employees on any payroll of the employer at any time during the preceding calendar year; and
(3) The actual gross annual compensation paid to each employee during the preceding calendar year.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.11 - Employment of a Retiree by a Participating Employer › Section 22.01.11.04 - Suspension of Allowance

Current through Register Vol. 51, No. 14, July 12, 2024
A. Suspension of Allowance for Earnings in Excess of Earnings Limitation.
(1) This section applies only to a retiree who:
(a) Serves as the Governor, Comptroller, Treasurer, Attorney General, or Secretary of State, or a Secretary, Deputy Secretary, or Assistant Secretary of a principal department of the Executive Branch of the State government; or
(b) Is determined, in the sole discretion of the Executive Director, to serve in a position comparable to one described in §A(1)(a) of this regulation for a participating employer.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.11 - Employment of a Retiree by a Participating Employer › Section 22.01.11.05 - Procedures for Obtaining Relief by Extending Period of Reduction or Offset

Current through Register Vol. 51, No. 14, July 12, 2024
A. If financial hardship to a retiree would result from reduction of an allowance under Regulation .03 of this chapter, or offset of an overpaid allowance under Regulation .04 of this chapter, the retiree may request that the Retirement Agency extend the time period of the reduction or offset by submitting a written request to the Executive Director.
B. The request shall:
(1) Explain the basis for the retiree's request; and
(2) Include any relevant documentation or records in support of the retiree's request.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.11 - Employment of a Retiree by a Participating Employer › Section 22.01.11.06 - Effect of Retirement for More Than 5 Years

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation applies to a retiree who is receiving a service retirement allowance or vested allowance from the:
(1) Correctional Officers' Retirement System;
(2) Employees ' or Teachers ' Retirement System;
(3) Employees ' or Teachers ' Pension System;
(4) State Police Retirement System; or
(5) Judges ' Retirement System.