reglab/statecodes huggingface dataset:
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 22.01.11.07 - Exemption from Earnings Limitation for Certain Eligible Retirees

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation applies to a retiree who is entitled to an exemption from the earnings limitation for a period of less than 5 years.
B. The exemption applies by calendar year from the start date of employment without proration.
C. If the exemption ends before the 5-year period for the earnings limitation ends, then the Retirement Agency shall apply the annual earnings limitation, without proration, only to the wages earned after the exemption period ends.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.12 - Enrollment in the State System › Section 22.01.12.01 - Enrollment Required

Current through Register Vol. 51, No. 14, July 12, 2024
A participating employer is required to enroll an employee who is a member of a State system as a condition of employment from the first day of employment.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.12 - Enrollment in the State System › Section 22.01.12.02 - Enrollment Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
Enrollment shall consist of the participating employer submitting the following completed forms to the Retirement Agency:
A. An Application for Membership that is completed in accordance with the form's instructions;
B. Proof of birth as set forth in COMAR 22.01.05.02A; and
C. A copy of the employee's job description:
(1) For an employee who is to be enrolled:
(a) In the Teachers' Pension System;
(b) In the Teachers' Retirement System;
(c) In the Law Enforcement Officers' Pension System;
(d) In the State Police Retirement System; or
(e) If employed by a participating governmental unit, in the Correctional Officers' Retirement System; or
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.12 - Enrollment in the State System › Section 22.01.12.03 - Imposition of Penalty Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
Based on the enrollment records as of June 30 of each fiscal year, the Retirement Agency shall impose a penalty of $100 per employee per year on a participating employer for any employee who:
A. Began employment with the participating employer:
(1) Before April 1 of the same fiscal year; or
(2) In any previous fiscal year;
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.12 - Enrollment in the State System › Section 22.01.12.04 - Due Date for Payment of Penalty

Current through Register Vol. 51, No. 14, July 12, 2024
Payment of the penalty is due within 30 days of the date of the invoice.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.13 - Member Services Unit - Telephone Recording or Monitoring › Section 22.01.13.01 - Notice of Telephone Recording or Monitoring

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any monitored telephone call shall contain a notice to the telephone caller that calls may be monitored.
B. The notice shall state as follows: "Your call may be recorded or monitored for training and quality control purposes."
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.13 - Member Services Unit - Telephone Recording or Monitoring › Section 22.01.13.02 - Telephone Calls Recorded or Monitored

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Retirement Agency may only record or monitor:
(1) Incoming telephone calls placed to the Member Services Division of the Retirement Agency through the Retirement Agency's automated call distribution system; and
(2) Outgoing telephone calls from the Member Services Division initiated by the virtual hold callback feature of the Retirement Agency's automated call distribution system.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.14 - Applications for Service Retirement › Section 22.01.14.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter does not apply to a disability retirement allowance paid in accordance with State Personnel and Pensions Article, Title 29, Subtitle 1, Annotated Code of Maryland.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.14 - Applications for Service Retirement › Section 22.01.14.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meaning indicated.
B. Terms Defined.
(1) "Former member" means an individual who:
(a) Has been a member;
(b) Separated from employment with a participating employer;
(c) Is not reemployed by a participating employer; and
(d) Is not a retiree.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 01 - GENERAL REGULATIONS › Chapter 22.01.14 - Applications for Service Retirement › Section 22.01.14.03 - Retirement Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application Required.
(1) In order to retire with a normal service retirement allowance, early service retirement allowance, or special early retirement allowance, a member or former member who is eligible to retire must properly complete the appropriate written application form that is available from the Retirement Agency and submit it to the Retirement Agency.
(2) A retirement application is properly completed if it:
(a) Is completed in accordance with the form's instructions, dated, signed by the member or former member, and properly acknowledged by a notary public; and
(b) In the case of a member who is retiring upon separation from employment, contains the employer's certification of the member or former member's separation from employment, wages, contributions, and sick leave.
(3) Submission Date.
(a) Except as provided in §A(3)(b) and (c) of this regulation, a retirement application is considered submitted on the last day of the month immediately prior to the date that it is received by the administrative offices of the Retirement Agency at the mailing address provided on the retirement application.
(b) In the case of a member who is retiring upon separation from employment, a retirement application is considered submitted on the last day of the month immediately prior to the date that it was properly acknowledged by a notary public if the application is submitted to the Retirement Agency by the member's employing agency within 60 days of the notarization date.
(c) In the case of a ten-month employee or other former member of the Teachers' Retirement System or Teachers' Pension System who separated from employment as of June 30 of the current calendar year, a retirement application is considered submitted as of June 30 if the Retirement Agency receives the retirement application on or before September 15 of the same calendar year.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 02 - OPTION AND ANNUITY TABLES › Chapter 22.02.01 - Option Factors and Annuity Values › Section 22.02.01.01 - 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) Effective Date of Retirement.
(a) "Effective date of retirement" means the effective date of the commencement of:
(i) A retirement allowance;
(ii) A vested allowance;
(iii) An allowance payable on the death of an individual employed as a member; or
(iv) For a member of a deferred retirement option program, participation in the deferred retirement option program.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 02 - OPTION AND ANNUITY TABLES › Chapter 22.02.01 - Option Factors and Annuity Values › Section 22.02.01.02 - Option and Annuity Factors on or before June 30, 2017

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation applies to an effective date of retirement on or before June 30, 2017.
B. Incorporation by Reference.
(1) In this regulation, the following document is incorporated by reference.
(2) Document Incorporated. Option Factors and Annuity Values (State Retirement and Pension System, State Retirement Agency, August 1995) is incorporated by reference.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 02 - OPTION AND ANNUITY TABLES › Chapter 22.02.01 - Option Factors and Annuity Values › Section 22.02.01.03 - Option and Annuity Factors from July 1, 2017, until December 31, 2021

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation applies to an effective date of retirement from July 1, 2017, until December 31, 2021.
B. General option factors and annuity values, which are established by the System's actuary and are based on the actuarial assumptions adopted by the Board of Trustees as set forth in §F of this regulation, shall be applicable to the Correctional Officers' Retirement System, Employees' Pension System, Employees' Retirement System, Judges' Retirement System, Teachers' Pension System, and Teachers' Retirement System.
C. Law Enforcement option factors and annuity values, which are established by the System's actuary and based on the actuarial assumptions adopted by the Board of Trustees as set forth in §F of this regulation, shall be applicable to the Law Enforcement Officers' Pension System, Local Fire and Police System, and State Police Retirement System.
D. Legislative plan option factors and annuity values, which are established by the System's actuary and based on the actuarial assumptions adopted by the Board of Trustees as set forth in §F of this regulation, shall be applicable to the Legislative Pension Plan.
E. Upon request, the Retirement Agency shall make the option factors and annuity values established by the System's actuary available to a participant.
F. Actuarial Assumptions.
Interest Rate
Pre-reform COLA Rate
Post-reform COLA Rate
Mortality
Disabled Mortality
Unisex Mix
General Option Factors and Annuity Values
5.85%
2.29%
1.49%
RP 2014 Combined Annuitant Mortality
RP 2014 Disabled Annuitant Mortality, Set Forward 1/3 Years for Males / Females
50%/50% Male /Female
Law Enforcement Option Factors and Annuity Values
5.85%
2.46%
1.49%
RP 2014 Combined Annuitant Mortality
RP 2014 Blue Collar Annuitant Mortality
85%/15% Male /Female
Legislative Plan Option Factors and Annuity Values
5.85%
3.20%
3.20%
RP 2014 Combined Annuitant Mortality
RP 2014 Disabled Annuitant Mortality, Set Forward 1/3 Years for Males /Females
75%,/25%, Male /Female
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 02 - OPTION AND ANNUITY TABLES › Chapter 22.02.01 - Option Factors and Annuity Values › Section 22.02.01.05 - Determining a Member's or Beneficiary's Age

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §B or C of this regulation, to determine the applicable option factor or annuity value, the Retirement Agency shall use the age of a member, former member, or designated beneficiary as of the effective date of retirement.
B. If the effective date of retirement is 6 months or more after the previous birth date of the member, former member, or designated beneficiary, the Retirement Agency shall increase the age of the member, former member, or designated beneficiary to the next full year.
C. For the recalculation of an allowance payable under State Personnel and Pensions Article, §
									21-403(b), (c), (e), or (f), Annotated Code of Maryland (Options 2, 3, 5, or 6), to determine the applicable option factor, the Retirement Agency shall use:
(1) The option factors and annuity values described under Regulation .02, .03, or .04 of this chapter which are applicable to the retiree as of the effective date of retirement; and
(2) Subject to §B of this regulation, the ages of the retiree and designated beneficiary at the time of the change of beneficiary.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 03 - BOARD OF TRUSTEES › Chapter 22.03.01 - Election of Trustees › Section 22.03.01.01 - 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) "Active member" means a member who is not separated from employment with the State or a participating employer.
(2) "Candidate" means an eligible voter who seeks election to The Board of Trustees.
(3) "Certified candidate" means a candidate who meets the required qualifications to serve in the trustee position into which the individual is seeking to be elected.
(4) "Election year" means the calendar year during which an election of a trustee is conducted.
(5) "Eligible voter" means an active member or retiree of the Employees' Systems, State Police Retirement System, or Teachers' Systems.
(6) "Employees' Systems" means the following State systems:
(a) Employees' Pension System;
(b) Employees' Retirement System;
(c) Judges' Retirement System;
(d) Correctional Officers' Retirement System;
(e) Local Fire and Police System;
(f) Law Enforcement Officers' Pension System; and
(g) Legislative Pension Plan.
(7) Retiree.
(a) "Retiree" has the meaning set forth in State Personnel and Pensions Article, §
											20-101(jj), Annotated Code of Maryland.
(b) "Retiree" includes a member of the Deferred Retirement Option Program under State Personnel and Pensions Article, §
											24-401.1 or  26-401.1, Annotated Code of Maryland.
(8) "Teachers' Systems" means the Teachers' Pension System and the Teachers' Retirement System.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 03 - BOARD OF TRUSTEES › Chapter 22.03.01 - Election of Trustees › Section 22.03.01.02 - Election of Trustees-General

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Retirement Agency shall conduct elections for eligible voters to select:
(1) Two trustees to serve on the Board of Trustees, one active member of the Employees' Systems and one active member of the Teachers' Systems, for a 4-year term to begin on August 1, 2021, and every 4 years after that;
(2) One trustee to serve on the Board of Trustees who is an active member or retiree of the State Police Retirement System, for a 4-year term to begin on August 1, 2022, and every 4 years after that; and
(3) Two trustees to serve on the Board of Trustees, one retiree of the Employees' Systems and one retiree of the Teachers' Systems, for a 4-year term to begin on August 1, 2023, and every 4 years after that.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 03 - BOARD OF TRUSTEES › Chapter 22.03.01 - Election of Trustees › Section 22.03.01.03 - Election Schedule

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Executive Director shall prepare a schedule for conducting the election of trustees that conforms to the requirements of §B of this regulation.
B. The election schedule shall include the following information:
(1) The time period during which nominations will be accepted from a candidate;
(2) The date by which the Executive Director will certify any candidate as a certified candidate who has satisfied the conditions set forth in Regulation .06 of this chapter;
(3) The dates when eligible voters may vote; and
(4) The date election results shall be announced.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 03 - BOARD OF TRUSTEES › Chapter 22.03.01 - Election of Trustees › Section 22.03.01.04 - Election Notice

Current through Register Vol. 51, No. 14, July 12, 2024
A. After the Board approves an election schedule, the Executive Director shall notify all eligible voters of the upcoming election.
B. The election notice shall include:
(1) The election schedule approved by the Board of Trustees;
(2) An explanation of the eligibility requirements to serve as a trustee set forth in State Personnel and Pensions Article, §
										21-104, Annotated Code of Maryland, and this chapter; and
(3) Any other information the Executive Director considers necessary.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 03 - BOARD OF TRUSTEES › Chapter 22.03.01 - Election of Trustees › Section 22.03.01.05 - Nomination Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A candidate may obtain nomination requirements from the Retirement Agency at any time after the Executive Director has announced the election schedule and before the election schedule's stated deadline for submitting nominations.
B. Except as provided in a revised election schedule issued under Regulation .06 of this chapter, the Executive Director may not distribute nomination requirements to a candidate after the date specified in the election schedule.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 03 - BOARD OF TRUSTEES › Chapter 22.03.01 - Election of Trustees › Section 22.03.01.06 - Nomination of Candidates

Current through Register Vol. 51, No. 14, July 12, 2024
A. A candidate shall properly complete and submit all required nomination materials on or before the election schedule's stated submission deadline.
B. A candidate becomes a certified candidate if the Executive Director certifies that the following criteria are met:
(1) The candidate satisfies the eligibility requirements set forth in State Personnel and Pensions Article, §
										21-104, Annotated Code of Maryland; and
(2) On or before the date specified in the election schedule, the Executive Director receives:
(a) For a candidate to become a certified candidate for the Employees' Systems or Teachers' Systems:
(i) Completed nominations with the signatures and birth dates of at least 500 eligible voters;
(ii) A separate written statement in the length and format required by the Executive Director setting forth the candidate's relevant experience but excluding any references to endorsements;
(iii) Confirmation that at least 500 of the individuals who signed the nomination forms are eligible to vote for the candidate to serve as trustee; and
(iv) Such additional information as the Executive Director may require; or
(b) For a candidate to become a certified candidate for the State Police Retirement System:
(i) Completed nominations with the signatures and birth dates of at least 100 eligible voters;
(ii) A separate written statement in the length and format required by the Executive Director setting forth the candidate's relevant experience but excluding any references to endorsements;
(iii) Confirmation that at least 100 of the individuals who signed the nomination forms are eligible to vote for the candidate to serve as trustee; and
(iv) Such additional information as the Executive Director may require.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 03 - BOARD OF TRUSTEES › Chapter 22.03.01 - Election of Trustees › Section 22.03.01.07 - Election

Current through Register Vol. 51, No. 14, July 12, 2024
A. Election Packets.
(1) Election packets shall include the following information:
(a) The names of each certified candidate, listed in alphabetical order by last name;
(b) The written statement of each certified candidate; and
(c) The procedures for voting.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 03 - BOARD OF TRUSTEES › Chapter 22.03.01 - Election of Trustees › Section 22.03.01.08 - Canvassing of Ballots

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Executive Director or the Executive Director's designee shall supervise the canvassing of ballots.
B. The Executive Director or the Executive Director's designee shall determine if a ballot is valid or void. If the certified candidate designated by an eligible voter on the ballot cannot be determined, the ballot shall be void.
C. An eligible voter may only vote once, and for only one certified candidate. If an eligible voter submits more than one ballot or votes for more than one certified candidate, all of that eligible voter's ballots shall be void.
D. The certified candidate receiving the highest number of votes shall win the election.
E. In the event of a tie, the Executive Director shall establish procedures for a run-off election, which are subject to approval by a majority of the Board of Trustees.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 03 - BOARD OF TRUSTEES › Chapter 22.03.01 - Election of Trustees › Section 22.03.01.09 - Certification of Election Results by the Board of Trustees

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Executive Director shall report the results of the election to the Board of Trustees at the next meeting of the Board of Trustees after canvassing of ballots is complete..
B. On receipt of the results, the Board of Trustees shall certify the results of the election and direct the Executive Director to notify the certified candidates.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 03 - BOARD OF TRUSTEES › Chapter 22.03.01 - Election of Trustees › Section 22.03.01.10 - Publication of Election Results

Current through Register Vol. 51, No. 14, July 12, 2024
The results of the election shall be published in Retirement Agency newsletters and on the Retirement Agency's website and social media sites.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 03 - BOARD OF TRUSTEES › Chapter 22.03.01 - Election of Trustees › Section 22.03.01.11 - Challenges and Retention of Ballots

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 7 days after certification of the election results by the Board of Trustees, an unsuccessful certified candidate may petition the Executive Director in writing for a recount of the ballots.
B. The Executive Director shall retain ballots for at least 30 days following an election or until a duly filed challenge is finally decided, whichever occurs later.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 03 - BOARD OF TRUSTEES › Chapter 22.03.01 - Election of Trustees › Section 22.03.01.12 - Vacancy of Trustee Position During Term

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a trustee dies or resigns before the completion of the trustee's term, the Board of Trustees shall direct the Executive Director to conduct an election to select a successor trustee to serve for the balance of the trustee's term.
B. The election shall be conducted in substantial conformity with the procedures set forth in this chapter.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 03 - BOARD OF TRUSTEES › Chapter 22.03.02 - Open Meetings Attendance and Recording, Photographing, and Broadcasting of Sessions › Section 22.03.02.01 - Definition

Current through Register Vol. 51, No. 14, July 12, 2024
"Board" means the Board of Trustees of the State Retirement and Pension System, the Executive Committee of the Board of Trustees of the State Retirement and Pension System, the Investment Committee of the Board of Trustees of the State Retirement and Pension System, and any other committee of the Board of Trustees that is a public body as defined in State Government Article, §10-502(h), Annotated Code of Maryland.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 03 - BOARD OF TRUSTEES › Chapter 22.03.02 - Open Meetings Attendance and Recording, Photographing, and Broadcasting of Sessions › Section 22.03.02.02 - Public Attendance

Current through Register Vol. 51, No. 14, July 12, 2024
A. The general public may attend and observe an open session of the Board.
B. Except in instances when the Board expressly invites public testimony, questions, comments, or other forms of public participation, or when public participation is otherwise authorized by law, a member of the public attending an open session of the Board may not participate in the session.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 03 - BOARD OF TRUSTEES › Chapter 22.03.02 - Open Meetings Attendance and Recording, Photographing, and Broadcasting of Sessions › Section 22.03.02.03 - Disruptive Conduct

Current through Register Vol. 51, No. 14, July 12, 2024
A. Prohibition. An individual attending an open session of the Board may not engage in any conduct, including a visual demonstration such as the waving of placard, sign, or banner, that disrupts the session or that interferes with the right of a member of the public to attend and observe the session.
B. Action to Restore Order. The presiding officer may:
(1) Order an individual who engages in conduct prohibited by §A of this regulation, or who violates any other regulation concerning the conduct of an open session, to be removed from the session;
(2) Request police assistance to restore order; and
(3) Recess the session while order is restored.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 03 - BOARD OF TRUSTEES › Chapter 22.03.02 - Open Meetings Attendance and Recording, Photographing, and Broadcasting of Sessions › Section 22.03.02.04 - Recording, Photographing, Videotaping, Broadcasting, and Televising of Open Sessions

Current through Register Vol. 51, No. 14, July 12, 2024
A. A member of the public, including a representative of the news media, may record an open session of the Board by means of a tape recorder or another recording device, if the:
(1) Device does not create an excessive noise that interferes with the participation in a session by a member of the Board or the observation of the session by a member of the public;
(2) Device does not otherwise interfere with an individual's observation of or participation in the session; and
(3) Recording is done openly so that it is obvious to those in attendance that the session is being recorded.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 03 - BOARD OF TRUSTEES › Chapter 22.03.02 - Open Meetings Attendance and Recording, Photographing, and Broadcasting of Sessions › Section 22.03.02.05 - Recordings Not Part of the Record

Current through Register Vol. 51, No. 14, July 12, 2024
A recording of an open session made by a member of the public, or a transcript derived from the recording, is not a part of the record of a proceeding of the Board.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 03 - BOARD OF TRUSTEES › Chapter 22.03.03 - Regulation Adoption and Declaratory Rulings › Section 22.03.03.02 - Adoption of Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board of Trustees shall be responsible for adopting regulations providing for the:
(1) Administration of the several systems;
(2) Management of the assets of the several systems; and
(3) Transaction of the Board of Trustees' business.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 03 - BOARD OF TRUSTEES › Chapter 22.03.03 - Regulation Adoption and Declaratory Rulings › Section 22.03.03.03 - Petition for Adoption of Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
A. An interested person may submit to the Board of Trustees a petition for the adoption, amendment, or repeal of any regulation under this title. A copy of the petition shall also be filed with the Executive Director.
B. The petition shall:
(1) Be in writing;
(2) Include:
(a) The name, address, and telephone number of the interested person, and
(b) If the interested person is an individual, the Social Security number of the interested person;
(3) State the regulation or amendment the petition proposes or refer to any existing regulation the petition seeks to have amended or repealed; and
(4) Contain a brief statement of the reasons in support of the proposed adoption, amendment, or repeal of the regulation.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 03 - BOARD OF TRUSTEES › Chapter 22.03.03 - Regulation Adoption and Declaratory Rulings › Section 22.03.03.04 - Petition for Declaratory Ruling

Current through Register Vol. 51, No. 14, July 12, 2024
A. An interested person may file a petition for a declaratory ruling with the Board of Trustees with respect to the applicability of any statute pertaining to the Board of Trustees or the applicability of any regulation adopted by the Board of Trustees. A copy of the petition for a declaratory ruling shall also be filed with the Executive Director.
B. The petition for a declaratory ruling shall:
(1) Be in writing;
(2) Include:
(a) The name, address, and telephone number of the interested person, and
(b) If the interested person is an individual, the Social Security number of the interested person;
(3) Describe the petitioner's interest in making the request for a declaratory ruling;
(4) Contain a detailed statement of the facts and pose the question of whether, and in what manner, the State statute or regulation applies to these facts; and
(5) Include a statement by the interested person, under oath or affirmation, that the facts contained in the petition are true to the best of the interested person's knowledge, information, and belief.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 03 - BOARD OF TRUSTEES › Chapter 22.03.04 - Procedures for Hearings by or for the Board of Trustees › Section 22.03.04.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter does not apply to hearings that are conducted by a judge under COMAR 22.06.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 03 - BOARD OF TRUSTEES › Chapter 22.03.04 - Procedures for Hearings by or for the Board of Trustees › Section 22.03.04.02 - 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) "Board Secretary" means the Secretary for the Board of Trustees.
(2) "Claimant" means a participant or a participating employer that has filed a request for a hearing.
(3) "Contested case" has the meaning stated in State Government Article, §
										10-202, Annotated Code of Maryland.
(4) "Administrative Committee" means the Administrative Committee of the Board of Trustees.
(5) "Hearing" means a contested case hearing as defined by the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
(6) "Judge" means an administrative law judge at the Office of Administrative Hearings.
(7) "Office" means the Office of Administrative Hearings established as a unit of State government within the Executive Branch responsible for conducting hearings under State Government Article, Title 9, Subtitle 16, Annotated Code of Maryland.
(8) Party.
(a) "Party" means the Retirement Agency or the claimant whose rights are being adjudicated under this chapter.
(b) "Party" includes a participant or participating employer who is permitted to intervene in a contested case in accordance with COMAR 28.02.01.15.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 03 - BOARD OF TRUSTEES › Chapter 22.03.04 - Procedures for Hearings by or for the Board of Trustees › Section 22.03.04.03 - Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter supplements the notice and hearing requirements of the:
(1) Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland; and
(2) Regulations issued by the Office in COMAR 28.02.01.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 03 - BOARD OF TRUSTEES › Chapter 22.03.04 - Procedures for Hearings by or for the Board of Trustees › Section 22.03.04.04 - Construction

Current through Register Vol. 51, No. 14, July 12, 2024
This subtitle shall be construed liberally to ensure the fair and expeditious determination of every contested case.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 03 - BOARD OF TRUSTEES › Chapter 22.03.04 - Procedures for Hearings by or for the Board of Trustees › Section 22.03.04.05 - Retirement Agency Notices

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless otherwise provided, a notice that the Retirement Agency must mail or file under this subtitle shall be:
(1) Made in writing; and
(2) Sent to the claimant at the claimant's address on file at the Retirement Agency by:
(a) First class mail, postage prepaid, or
(b) Personal delivery.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 03 - BOARD OF TRUSTEES › Chapter 22.03.04 - Procedures for Hearings by or for the Board of Trustees › Section 22.03.04.06 - Claimant's Requests

Current through Register Vol. 51, No. 14, July 12, 2024
A. Whenever a claimant is required to take some action or make an election under this subtitle, the request or election shall be:
(1) Made in writing; and
(2) Sent by first class mail, postage prepaid, to the State Retirement Agency, 120 East Baltimore Street, Baltimore, Maryland 21202, Attention: Executive Director.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 03 - BOARD OF TRUSTEES › Chapter 22.03.04 - Procedures for Hearings by or for the Board of Trustees › Section 22.03.04.07 - Petitions for Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. In a contested case, a claimant may request a hearing by submitting a petition for a hearing to the Executive Director within the time limitations specified in Regulation .06B of this chapter.
B. The petition shall:
(1) Be in writing;
(2) Include:
(a) The name, address, and telephone number of the claimant,
(b) If the claimant is an individual, the last four digits of the claimant's Social Security number or other information that is sufficient to verify the identity of the individual; and
(c) The name, address, and telephone number of the claimant's attorney, if any;
(3) Describe the claimant's interest in the matter for which the claimant is petitioning for a hearing;
(4) Contain;
(a) A simple and concise statement of the question or controversy,
(b) A statement of the relief requested from the Board of Trustees; and
(c) A summary of the Retirement Agency's decision on the question or controversy; and
(5) Include an affirmation by the claimant, under oath, that the facts contained in the petition are true to the best of the claimant's knowledge, information, and belief.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 03 - BOARD OF TRUSTEES › Chapter 22.03.04 - Procedures for Hearings by or for the Board of Trustees › Section 22.03.04.08 - Hearings by the Board of Trustees

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board Secretary shall coordinate with the parties to schedule a hearing before the Board of Trustees.
B. Hearing Notice.
(1) The Board Secretary shall issue a written notice that conforms to State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, within a reasonable time before the hearing.
(2) The hearing notice shall state:
(a) The date, time, and place of the hearing;
(b) A short and simple statement of the matters that are at issue at the hearing;
(c) The pertinent statutory and regulatory sections under which the Board of Trustees is taking the action; and
(d) The claimant's right to:
(i) Submit relevant evidence to the Board Secretary that will be included as part of a joint exhibit if received by the Board Secretary 20 calendar days before the date of the hearing, and
(ii) Be represented by an attorney authorized to practice law in Maryland.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 03 - BOARD OF TRUSTEES › Chapter 22.03.04 - Procedures for Hearings by or for the Board of Trustees › Section 22.03.04.09 - Hearings Before the Office

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pre-Hearing Procedures.
(1) The Retirement Agency shall coordinate with the parties and the Office to schedule a hearing before a judge.
(2) Hearings shall be held at the central office of the Office of Administrative Hearings. The designation of a site other than the central office of the Office of Administrative Hearings requires the Retirement Agency's consent.
(3) Each party is required to provide every other party with a copy of any written communication with the Office or a judge, including but not limited to a request for postponement or a request for a subpoena.
(4) Unless a judge rules otherwise, each party shall provide written notification at least 20 days before the hearing to every other party of the name and identity of each witness the notifying party may call to testify at the hearing.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 03 - BOARD OF TRUSTEES › Chapter 22.03.04 - Procedures for Hearings by or for the Board of Trustees › Section 22.03.04.10 - Final Decision of the Board of Trustees

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation applies only if a judge, after conducting a hearing as provided in Regulation .09 of this chapter, issued a proposed decision that was not a proposed default order.
B. Opportunity to Present Argument.
(1) The Board Secretary shall notify the parties of their right to present argument to the Board of Trustees.
(2) A party shall notify the Board Secretary within the time required in the Board Secretary's notice if the party intends to present argument to the Board of Trustees.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 03 - BOARD OF TRUSTEES › Chapter 22.03.04 - Procedures for Hearings by or for the Board of Trustees › Section 22.03.04.11 - Final Decision of the Executive Director

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation applies only if a judge issues a proposed default order against a defaulting party in a case.
B. On receipt of a written motion from a defaulting party requesting the Board of Trustees to vacate a proposed default order, the Executive Director of the Retirement Agency shall consider the grounds stated for the request in the motion. The Executive Director may contact the party to obtain additional information about the reasons for the default.
C. If the Executive Director finds that there is:
(1) Good cause to excuse the default, the Executive Director may vacate the proposed default order, and return the case to the Office for further appropriate proceedings; or
(2) Not good cause to excuse the default, the Executive Director shall deny the motion and issue a final default order terminating further proceedings.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 03 - BOARD OF TRUSTEES › Chapter 22.03.04 - Procedures for Hearings by or for the Board of Trustees › Section 22.03.04.12 - Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
A party adversely affected by a final decision of the Board of Trustees or the Executive Director may obtain judicial review of the decision as provided by law.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 03 - BOARD OF TRUSTEES › Chapter 22.03.05 - Subpoenas › Section 22.03.05.01 - Subpoena Power

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board of Trustees may issue a subpoena as the Board of Trustees considers necessary to:
(1) Properly administer and enforce State Personnel and Pensions Article, Division II, Annotated Code of Maryland, and COMAR Title 22; and
(2) Compel any person served with the subpoena to:
(a) Attend and testify as a witness at a hearing before the Board of Trustees;
(b) Produce documents and tangible items; or
(c) Both attend and testify as a witness at a hearing before the Board of Trustees and produce documents and tangible items.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 03 - BOARD OF TRUSTEES › Chapter 22.03.05 - Subpoenas › Section 22.03.05.02 - Issuance of Subpoena

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subpoenas Issued by the Executive Director.
(1) Except as provided in §B of this regulation, and in accordance with Regulation .01A of this chapter, the Executive Director may issue a subpoena on behalf of the Board of Trustees, without prior review and approval by the Board of Trustees.
(2) The Office of the Attorney General shall review and approve the subpoena for legal sufficiency before the Executive Director may sign and issue the subpoena.
(3) The Executive Director shall notify the Board of Trustees of the issuance of a subpoena pursuant to this section.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 03 - BOARD OF TRUSTEES › Chapter 22.03.05 - Subpoenas › Section 22.03.05.03 - Subpoena Contents

Current through Register Vol. 51, No. 14, July 12, 2024
A. A subpoena shall:
(1) Identify by descriptive title the investigation, administrative or enforcement matter, or contested case for which it is issued;
(2) Identify the name and full address of the intended recipient of the subpoena;
(3) Identify the name, full address, and telephone number of the requestor of the subpoena;
(4) If the subpoena requires attendance at an evidentiary hearing before the Board of Trustees, specify the date, time, and place of the hearing;
(5) If the subpoena requires production of documents or tangible items:
(a) Describe with reasonable specificity the documents and tangible items to be produced; and
(b) Specify the date, time, and place for the required production;
(6) State the issuance date of the subpoena; and
(7) Contain the signature of:
(a) The Executive Director of the Retirement Agency, for subpoenas issued under Regulation .02A of this chapter; or
(b) The Board Chair, for subpoenas issued under Regulation .02B of this chapter.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 03 - BOARD OF TRUSTEES › Chapter 22.03.05 - Subpoenas › Section 22.03.05.04 - Service of Subpoena

Current through Register Vol. 51, No. 14, July 12, 2024
A. A signed and issued subpoena may be served within the State of Maryland by any method authorized by Maryland Rule 2-510(d).
B. A signed and issued subpoena may be served outside the State of Maryland by any method authorized by the law of the jurisdiction where the subpoena is served.
C. The party serving the subpoena shall retain proof of service of the subpoena.
Code of Maryland Regulations › Title 22 - STATE RETIREMENT AND PENSION SYSTEM › Subtitle 03 - BOARD OF TRUSTEES › Chapter 22.03.05 - Subpoenas › Section 22.03.05.05 - Modification, Quashing, or Enforcement of Subpoena

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person properly served with a subpoena under this regulation may request modification or quashing of the subpoena or other relief by petition to the appropriate circuit court.
B. If a person properly served with a subpoena under this regulation does not appear or produce documents or tangible items as the subpoena requires, the requestor of the subpoena may apply to the appropriate circuit court for enforcement of the subpoena.
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 22.04.01.01 - 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) "ACH Credit" means a transaction through the Automated Clearing House Network originated by a participating employer to transmit payment of member contributions to an account at a financial institution designated by the Retirement Agency.
(2) "ACH Debit" means a transaction through the Automated Clearing House Network originated by the Retirement Agency to remove member contributions from a financial institution designated by a participating employer for payment into an account at a financial institution designated by the Retirement Agency.
(3) "Local employer" means a county board of education or the Baltimore City Board of School Commissioners.
(4) "Participating employer" has the meaning set forth in COMAR 22.01.01.01B(11).
(5) Participating Governmental Unit.
(a) "Participating governmental unit" means a governmental unit that participates in a State system under State Personnel and Pensions Article, Title 31, Annotated Code of Maryland.
(b) "Participating governmental unit" includes a governmental unit that has withdrawn from participation in a State system in accordance with State Personnel and Pensions Article, Title 31, Subtitle 3, Annotated Code of Maryland, but has employees that continue to participate in a State system.
(6) "Supporting payroll data" means the information required to be provided by a participating employer for each member of a State system as each payroll is paid in accordance with Regulation .02 of this chapter.
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 22.04.01.02 - Payroll Reporting Requirements of Participating Employers

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subject to §§B and C of this regulation, as each payroll is paid, each participating employer shall certify to the Retirement Agency for each member of the State system the following information:
(1) The full name, address, and Social Security number;
(2) The retirement system code, employer agency code, and pay code;
(3) The earnable compensation paid during the pay period;
(4) The actual hours worked during the pay period;
(5) The budgeted earnable compensation for the position;
(6) The budgeted earnable compensation for the position on an annualized basis, as if the member is regularly employed to perform the same duties on a full-time basis;
(7) The standard hours for the position during the pay period as if the member is regularly employed to perform the same duties on a full-time basis;
(8) The budgeted ratio that the position of employment bears to the standard for a full-time employee;
(9) Employer contributions required, if any, during the pay period; and
(10) Member contributions required, if any, during the pay period.
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 22.04.01.03 - Electronic Payment of Member Contributions

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation applies only to a participating employer that:
(1) Is a local employer;
(2) Is a participating governmental unit; or
(3) Does not pay its employees through the Central Payroll Bureau of the Office of the State Comptroller.