Subtitle 1 – Employees’ Retirement System

“Employee” means, except as provided in subparagraph (ii) of this paragraph, any of the following:

“Employee” does not include:

“Regular interest” means:

“Regular interest” for valuation purposes means:

“Regular interest” for the purpose of determining actuarial equivalents means interest at 4.5% per year, compounded annually.

For any member who terminates employment with the City prior to January 1, 1994, except as noted in subparagraphs (a) and (b) below, “average final compensation” shall mean the average annual earnable compensation for any period of 3 successive years of service during which his earnable compensation was highest; or if he had less than 3 years of service, then the average annual earnable compensation during his total years of service. “Earnable compensation” shall mean the annual salary authorized for the member. It shall not include overtime pay, differential pay, environmental pay, hazardous duty pay, pay for conversion of leave or other fringe benefits, or any like additional payments. Beginning with the 1^st day of the 1^st full pay period after July 1, 1975, the provisions of this paragraph shall apply to members who retired on or after April 19, 1974, up to and including June 30, 1975. However, no retroactive payments shall be made to members who retired before July 1, 1975. Beginning July 1, 1975, the provisions of this paragraph shall apply to all members who retire on or after July 1, 1975.

For any member who is an employee on or after January 1, 1994, “average final compensation” means the average of the member’s annual earnable compensation on January 1 for 3 successive years of service when the member’s earnable compensation is the highest. If the member is in service on January 1 for less than 3 successive years, then average final compensation means the average annual earnable compensation during this total years of service. “Earnable compensation” means the annual salary authorized for the member. It does not include overtime pay, differential pay, environmental pay, hazardous duty pay, pay for conversion of leave or other fringe benefits, or any like additional payments.

All retirement allowances or other benefits that are calculated on an annual basis shall be payable for each month in a year. Payments shall be made in periodic installments, as determined from time to time by the Board of Trustees, and the monthly allowance shall be computed by dividing the annual allowance by 12.

All retirement dates for all Class A, B, C, and D members shall fall on the 1^st of a month.

regular interest for actuarial equivalent purposes; and

mortality assumptions based on the following tables:

For any Class C member who was an employee on or after June 28, 1991, and who terminates employment with the City on or before June 28, 1993, “covered compensation” shall mean for any member on any date, an annual amount determined on the basis of the federal Social Security Act as in effect on the 1^st day of the fiscal year during which the determination is made. Such annual amount shall equal the average of the taxable wage bases (as defined herein) in effect for each calendar year during the 35-year period ending with the calendar year which ends immediately prior to the earlier of: (a) July 1 of the fiscal year in which the member terminates City employment; or (b) the calendar year in which the member attains age 65. “Taxable wage base” means, with respect to any calendar year, the maximum amount of earnings which may be considered wages under § 3121(a)(1) of the Internal Revenue Code of 1986, as amended.

For any Class C member who was an employee on or after June 29, 1993, “covered compensation” shall mean for any member on any date, an annual amount determined on the basis of the federal Social Security Act as in effect on the 1^st day of the fiscal year during which the determination is made. Such annual amount shall equal the average of the taxable wage bases (as defined herein) in effect for each calendar year during the 35-year period which ends with the calendar year prior to the earlier of: (a) the January 1 which is one year prior to January 1 of the calendar year in which the member terminates employment with the City; or (b) January 1 of the calendar year in which the member attains age 65. “Taxable wage base” means, with respect to any calendar year, the maximum amount of earnings which may be considered wages under § 3121(a)(1) of the Internal Revenue Code of 1986, as amended.

regular interest for valuation purposes under paragraphs (9)(ii)(b)1. or (9)(ii)(c)1. of this section; and

mortality assumptions based on the table in effect under the definition of “actuarial equivalent” in paragraph (19)(ii) of this section.

All persons who become employees before July 1979 and all employees who enter or reenter the employment of the City of Baltimore after January 1, 1926, but before July 1, 1979, with the exception of those employees who are required to join either Maryland State or other retirement systems, may become members on their own application, and all those employees who complete two years of employment thereafter shall become members of the Retirement System as a condition of employment.

All persons who become employees and all employees who enter or reenter the employment of the City of Baltimore on or after July 1, 1979, are subject to <cite data-path="|22|§9">§ 9 of this article</cite>. However, notwithstanding anything to the contrary, any Class A or Class B member who is laid off, placed on a reemployment list, and returns to City employment from the reemployment list shall immediately once again become a Class A or Class B member.

The Board of Estimates may authorize membership for any class of part-time employees. That membership may only be prospective.

A member may not make contributions to, receive any pension or retirement allowance from, or accrue any service credit in any other pension or retirement system of the City of Baltimore while at the same time accruing service credit in this system.

The prohibition set forth in paragraph (1) of this subsection does not apply to contributions made to or benefits received from:

If a Class A or Class B member terminates employment with the City and is not eligible for any benefits under this subtitle:

If a Class C member terminates employment with the City for more than 30 consecutive days and is not eligible for any benefits under this subtitle:

If a Class D member terminates employment with the City for more than 30 consecutive days and is not eligible for any benefits under this subtitle:

Class A members shall be all new employees before July 1, 1979, who enter the membership on or after January 1, 1954, and any members in service on January 1, 1954, who elect on a form approved by the Board, to contribute at a rate of contribution computed to provide an annuity at age 60 of 1/120 of average final compensation, multiplied by the number of years of service after March 31, 1954. Any school crossing guard, police department meter monitor or linemen transferred to this system pursuant to <cite data-path="|22|§30|(2)">§ 30(2) of this article</cite> shall be classified in this system as a Class A member, and shall not be charged with any deficit resulting from the difference in contribution rates between the Fire and Police Employees’ Retirement System and this system in the calculation of said member’s retirement allowance at the time of retirement. The pension at service retirement on account of each year of prior service for Class A members shall be 1/60 of average final compensation, and the pension on account of each year of service since January 1, 1926 shall be 1/120 of average final compensation.

Class B members shall be members in service on January 1, 1954, who do not elect, prior to April 1, 1954, to contribute at the higher rate applicable to Class A members. The term “Class B members” also includes those members in service who do not become Class A members pursuant to the provisions of this subsection. The pension at service retirement on account of each year of prior service for Class B members shall be 1/65 of average final compensation, and the pension on account of each year of service since January 1, 1926, shall be 1/130 of average final compensation. Any time on or after December 1, 1975, any Class B member in the Retirement System may elect to become a Class A member. Such election shall be contingent upon said member’s depositing, by a lump sum payment or by an increased rate of contribution, the amount necessary to obtain an annuity savings account balance equal to the balance such account would contain if said member had elected to become a Class A member on January 1, 1954. Said payments by the member to obtain Class A membership shall be paid in full 90 days before the effective date of his retirement. If said payments are not paid in full at the time of the member’s retirement or death, any retirement benefits payable shall be the actuarial equivalent of the payments made by the member.

Class C members shall be all members as defined in § 9(a).

Class D members shall be all members as defined in § 9.2(a).

For Class A and Class B members, the Board of Trustees shall, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, fix and determine by appropriate rules and regulations how much service in any year is equivalent to a year of service, or proportion thereof, but in no case shall more than 1 year of service be credited for all service in any 12-month period, nor shall the Board of Trustees allow credit as service for any period of more than 1 month’s duration during which the employee was absent without pay. In the case of former members of the General Assembly of Maryland who become or who have become members of the Retirement System, each full year of membership in the General Assembly shall be credited as a year of service, regardless of whether payment for such service was on a per diem or per annum basis. In any event, a member who vacated or otherwise relinquished his position as a member of the General Assembly before the end of the term for which he was elected, shall be given full credit up to the date of his separation from this position, regardless of whether payment for such service was on a per diem or per annum basis.

The service of Class C members shall be computed and credited under the provisions contained in § 9(c).

The service of Class D members shall be computed and credited under the provisions contained in § 9.2(c).

This subsection applies only to a member of this system who:

Except as otherwise provided in this subsection, a member of this system who is reemployed under paragraph (1)(iii) of this subsection retains the status and rights as a member during a period of absence from employment for military service.

A member of this system shall receive service credit for a period of absence from employment while in military service if:

A member of this system who receives service credit for military service under this subsection may transfer the credit to another state or local retirement or pension system.

A member of this system, the member’s beneficiary, or the member’s estate is not entitled to line-of-duty disability benefits or line-of-duty death benefits arising from the member’s death or disability during a period that the member is absent from employment for military service.

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Board of Trustees may adopt rules, resolutions, and regulations to carry out this subsection.

if the member terminates employment on or before December 31, 1995, the member has acquired at least 10 years of service and has attained at least age 60, or the member has acquired 30 or more years of service, regardless of age; or

if the member terminates employment on or after January 1, 1996, the member has acquired at least 10 years of service and has acquired at least age 60, or the member has acquired 20 or more years of service, regardless of age.

However, a member shall not be awarded credit if he has received credit for a period of military service under any other retirement system for which retirement benefits have been or will be received by him; however, this exclusion does not apply to any such credit provided through Federal Old-Age and Survivors Insurance (Social Security), or to any benefits provided under Title 3 or Title 10, Chapter 67, §§ 1331 through 1337 of the U. S. Code. In addition, the military service credit herein provided shall not exceed 3 years. The City shall make all necessary contributions to the pension and annuity funds for the funding of military service credit.

The general administration and the responsibility for the proper operation of the Retirement System and for making effective the provisions of this subtitle, subject to the provisions contained in § 5, § 6, and <cite data-path="|22|§9">§ 9 of this subtitle</cite>, are vested in a Board of Trustees, which shall be organized immediately after 3 of the trustees provided for in this section have qualified and taken the oath of office.

The City Comptroller.

the Director of Finance.

the Chief Executive Officer (CEO) of the Baltimore City Public School System, or the Chief Financial Officer of the Baltimore City Public School System, if designated by the CEO.

1 retiree of this System to be elected by the retirees under rules and regulations that, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-doc="City of Balt., Md., Ord. 25-037" data-path="|general">City General Provisions Article</cite>, the Board of Trustees adopts to govern the election. This member shall serve for a term of 4 years, staggered as provided for the trustee first elected under this paragraph (7). This member shall possess experience in relevant institutional investment management or a related field.

Notwithstanding <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§8">City Charter Article IV, § 8</cite>, which ordinarily requires minority party representation, the election or appointment of Trustees under this subsection shall be made without regard to political affiliation, including those Trustees holding their positions ex officio.

At least once in each 4-year period, the actuary shall conduct and present to the Board of Trustees an experience study of the mortality, service, and compensation experience of the members and beneficiaries of this System.

Taking into account the results of the experience study, the Board of Trustees shall adopt and certify for the System the mortality, service, compensation, and other actuarial assumptions it deems necessary for the actuary to determine the annual contribution by the City to this System.

The City shall indemnify every person who is made, or is threatened to be made, a party to any action, suit, or proceeding, including administrative and investigative proceedings by reasons of his or her service in a fiduciary capacity to the Employees’ Retirement System of Baltimore City, in accordance with and subject to the conditions of this section.

“<em>Service in a fiduciary capacity” defined</em>.

If, with respect to a civil, administrative or investigative action, suit, or proceeding, the person acted in good faith and in a manner he or she reasonably believed to be in or not opposed to the best interest of the Employees’ Retirement System of Baltimore City or of any City trust fund for which the person serves as a fiduciary under subsection (a)(2) of this section, and, with respect to a criminal action, had no reasonable cause to believe his or her conduct was unlawful, then indemnification shall be against those expenses, including reasonable attorneys’ fees, judgments, fines, and accounts paid in settlement that were actually and reasonably incurred by the person in connection with the proceeding.

The termination of any suit or proceeding, in any manner, does not of itself create a presumption that the person did not act in good faith and in a manner he or she reasonably believed to be in or not opposed to the best interest of the Employees’ Retirement System or of any City trust fund for which the person serves as a fiduciary under subsection (a)(2) of this section, and with respect to a criminal action or proceeding, had reasonable cause to believe that his or her conduct was unlawful.

Indemnification may not be made:

The City shall provide insurance for every person eligible for indemnification under this section against any liability asserted against her or him or incurred by her or him arising out of the person’s status as fiduciary. The City may provide self-insurance for this purpose, in whole or in part, under terms and conditions satisfactory to the Board of Estimates. If the City fails to provide adequate insurance coverage, or if the City fails to provide indemnification under this section, a fiduciary is not required to pay amounts attributable to the liability described in this section by reason of the failure of the City to provide the indemnification, and the City is liable for those amounts. In suits or other actions brought against the City, the City may assert the defense of governmental immunity or any other defense available to the City.

The sole and final determination of eligibility of a person for indemnification with respect to a particular action, suit, or proceeding, and the approval of the reasonableness of all fees, expenses, and settlements, is vested in the City Solicitor.

an annuity which shall be the actuarial equivalent of his accumulated contributions at the time of retirement; and

The additional annuity provided as a result of voluntary excess contributions permitted under §§ 8(a)(2) and 8(a)(4) shall be payable and shall not be used in determining the pension payable under § 6(a)(2).

Any Class A or Class B member who is entitled to receive the maximum service retirement allowance may elect to receive such maximum service retirement allowance, or he may elect to receive the actuarial equivalent of such maximum service retirement allowance, computed as of the effective date of his retirement, in a lesser amount payable throughout his life in accordance with the following provisions: <table> <tbody> <tr> <td>Option 1.</td> <td>If he dies before he has received in total retirement benefits the present value of his retirement allowance as it was at the time of his retirement, the balance shall be paid to his legal representatives or to such person as he shall nominate by written designation duly acknowledged and filed with the Board of Trustees; or</td> </tr> <tr> <td>Option 2.</td> <td>Upon his death, his retirement allowance as it was at the time of his retirement, shall be continued throughout the life of and paid to such person as he shall nominate by written designation duly acknowledged and filed with the Board of Trustees at the time of his retirement; or</td> </tr> <tr> <td>Option 3.</td> <td>Upon his death, ½ of his retirement allowance as it was at the time of his retirement shall be continued throughout the life of and paid to such person as he shall nominate by written designation duly acknowledged and filed with the Board of Trustees at the time of his retirement; or</td> </tr> <tr> <td>Option 4.</td> <td>Some other periodically paid benefit or benefits shall be paid either to the Class A or Class B member or to such a person or persons as he shall nominate, provided such other benefit or benefits shall be certified by the actuary to be of equivalent actuarial value to his retirement allowance, and subject to approval by the Board of Trustees.</td> </tr> </tbody> </table>

Any living retired Class A or Class B member shall have the right, within 30 days after the effective date of his retirement, and not thereafter, to change his election of the maximum service retirement allowance to any one of the options hereinbefore set forth, or to change his election of any one of said options to another one of said options, or to change his election from any one of said options to the maximum service retirement allowance. Any living retired Class A or Class B member shall have the right, within 30 days after the effective date of his retirement, to change his designation of a beneficiary; but thereafter no such change may be made in connection with any option hereinbefore set forth which provides for the payment of a retirement allowance to, and throughout the life of the beneficiary designated. The election of any option or any change in connection therewith shall be made on forms provided for that purpose by the Retirement Systems Office of the City of Baltimore, and filed with said office.

If any living retired Class A or Class B member changes the type or kind of retirement allowance elected by him, as provided hereinbefore, then any payments which may have been made to him prior to such change are to be taken into account in arriving at the amount to be paid to him in connection with the retirement allowance finally selected.

Any Class A or Class B member who retires and dies within 30 days after the effective date of his retirement, and who has been granted a retirement allowance of maximum benefits for service under this subsection, or who has elected to receive one of the several optional retirement allowances available, is considered to be a member dying in active service, and the non-line-of-duty death benefits provided for in § 6(h) shall be paid in lieu of the benefits provided for in this subsection.

Any service retirement allowance payments made to any retired Class A or Class B member, who dies within 30 days after the effective date of his retirement, shall be offset against any amounts payable under the provisions of § 6(h).

Notwithstanding any provision to the contrary contained in this subsection, any Class A or Class B member who retires prior to age 60 and who defers his retirement allowance to commence upon his attainment of age 60, shall be considered as a member dying in active service if he dies at any time between the effective date of his retirement and 30 days following his attainment of age 60, and the benefits provided in § 6(h) shall be paid as therein provided. Any retirement allowance payments made to said member after his attainment of age 60, shall be offset against any amounts payable under the provisions of § 6(h).

Notwithstanding anything to the contrary in this subtitle, should a Class A or Class B member, who has acquired 15 or more years of service, leave a regular permanent position of the City, such member may elect to have his accumulated contributions remain in the system with regular interest thereon, while no longer in service, and upon attaining the age of 60, such member shall be entitled to receive the maximum service retirement allowance as provided for in § 6(a), computed as if he were a member retiring from service at age 60. Should a member so electing die before attaining age 60, the amount of his accumulated contributions with interest to the date of his death shall be paid to his estate, or to such person as he shall have nominated by written designation, duly acknowledged and filed with the Board of Trustees. The beneficiary or the estate of a deceased member, who dies before attaining the age of 60, shall not be entitled to any benefits under this subtitle other than the return of the deceased member’s accumulated contributions with interest to the date of death. This paragraph shall not apply to any Class A or Class B member who is convicted of a job-related offense, such offense being either a misdemeanor or felony punishable by incarceration for more than 6 months or punishable by a fine in excess of $500. To be job-related, the offense must be committed by the member in the performance of his duties as an employee or an official of the City of Baltimore and committed against the City of Baltimore.

Any Class A or Class B member who leaves City employment and is entitled to any benefits under this subsection, if he is subsequently reemployed by the City as an employee, shall upon his return to City employment be immediately continued as a Class A or Class B member. Thereupon he shall be credited with any past service, and any retirement allowance he may be receiving shall be discontinued.

In the event that a member who was an employee on or after June 29, 1989, retires and elects to receive maximum benefits without optional modification later dies and is survived by a spouse to whom the member had been married for a least 1 year immediately prior to retirement, an amount equal to 35% (or such different amount as set forth below) of the allowance said member was receiving shall be paid to such surviving spouse to continue as long as he or she remains unmarried. If there is no such spouse or if the spouse dies or remarries before the youngest unmarried child of said deceased member shall have either attained the age of 22 years, then an amount equal to 35% (or such different amount as set forth below) of the allowance said member was receiving shall be paid to such child or children, divided in such manner as the Board of Trustees in its discretion shall determine to continue for the benefit of such child or children until the last child marries, dies or attains the age of 22 years. For members who terminate employment with the City before June 29, 1990, the preceding two sentences shall be read by substituting “33⅓%” for “35%” wherever such amounts appear therein. However, effective June 28, 1992, any eligible surviving spouse, child or children of a member who retired and elected or who will retire and elect the maximum benefit under the above paragraph, shall receive 40% of the allowance the member was receiving.

an annuity which shall be the actuarial equivalent of his accumulated contributions at the time of retirement; and

a pension, in addition to his annuity, which shall be equal to 0.85% of his average final compensation in the case of Class A members, and 0.785% of his average final compensation in the case of Class B members, multiplied by the number of years of his service since January 1, 1926; and

if he has been credited with prior service, a supplemental pension which shall be equal to 1/60 of his average final compensation in the case of Class A members and one 1/65 in the case of Class B members, multiplied by the number of years of such prior service; and

if at the time of retirement the annuity determined in accordance with § 6(b)(1), resulting from the member’s contributions for service, is less than the pension resulting from the member’s years of service determined in accordance with § 6(b)(2), a supplemental pension equal to the difference between the two shall be payable. The additional annuity provided as the result of voluntary excess contributions under §§ 8(a)(2) and 8(a)(4) shall be payable and shall not be used in determining this supplemental pension, if any, payable under this subsection. Beginning with April 19, 1974, the benefits provided in this subsection shall be applicable to former members who retired prior to said effective date, and their beneficiaries, as well as to those Class A or Class B members who subsequently retire on or after that date.

Provided, however, that upon retirement from service, a Class A or Class B member who has not attained the age of 60, but has acquired 30 years or more of service, shall be entitled to receive the maximum service retirement allowance which shall consist of an annuity as provided for in § 6(b)(1), plus the actuarial equivalent of the pension provided for in § 6(b)(2), plus the actuarial equivalent of the supplemental pension provided for in § 6(b)(3), plus if the annuity provided for in § 6(b)(1) is less than the actuarial equivalent of the pension provided for in § 6(b)(2), a supplemental pension equal to such difference; or such member may elect at the time of retirement to have his service retirement allowance deferred to commence upon the attainment of age 60, in which event the annuity shall be the actuarial equivalent of his accumulated contributions, with regular interest accumulated thereon, to age 60, and the pensions payable shall be in the amounts computed as provided in §§ 6(b)(2), 6(b)(3) and 6(b)(4). For the purpose of this subsection (b)(5), the actuarial equivalent shall be based on a reduction of ¼% for each full month (or fraction thereof) by which the commencement of his pension precedes his 60^th birthday.

Any Class A or Class B member who is entitled to receive the maximum service retirement allowance may elect to receive such maximum service retirement allowance, or he may elect to receive the actuarial equivalent of such maximum service retirement allowance, computed as of the effective date of his retirement, in a lesser amount payable throughout his life in accordance with the following provisions: <table> <tbody> <tr> <td>Option 1.</td> <td>If he dies before he has received in total retirement benefits the present value of his retirement allowance as it was at the time of his retirement, the balance shall be paid to his legal representatives or to such person as he shall nominate by written designation duly acknowledged and filed with the Board of Trustees; or</td> </tr> <tr> <td>Option 2.</td> <td>Upon his death, his retirement allowance as it was at the time of his retirement, shall be continued throughout the life of and paid to such person as he shall nominate by written designation duly acknowledged and filed with the Board of Trustees at the time of his retirement; or</td> </tr> <tr> <td>Option 3.</td> <td>Upon his death, ½ of his retirement allowance as it was at the time of his retirement shall be continued throughout the life of and paid to such person as he shall nominate by written designation duly acknowledged and filed with the Board of Trustees at the time of his retirement; or</td> </tr> <tr> <td>Option 4.</td> <td>Some other periodically paid benefit or benefits shall be paid either to the Class A or Class B member or to such person or persons as he shall nominate, provided such other benefit or benefits shall be certified by the actuary to be of equivalent actuarial value to his retirement allowance, and subject to approval by the Board of Trustees.</td> </tr> </tbody> </table>

Any living retired Class A or Class B member shall have the right, within 30 days after the effective date of his retirement, and not thereafter, to change his election of the maximum service retirement allowance to any one of the options hereinbefore set forth, or to change his election of any one of said options to another one of said options, or to change his election from any one of said options to the maximum service retirement allowance. Any living retired Class A or Class B member shall have the right, within 30 days after the effective date of his retirement, to change his designation of a beneficiary; but thereafter no such change may be made in connection with any option hereinbefore set forth which provides for the payment of a retirement allowance to, and throughout the life of the beneficiary designated. The election of any option or any change in connection therewith shall be made on forms provided for that purpose by the Retirement Systems Office of the City of Baltimore, and filed with said office.

If any living retired Class A or Class B member changes the type or kind of retirement allowance elected by him, as provided hereinbefore, then any payments which may have been made to him prior to such change are to be taken into account in arriving at the amount to be paid to him in connection with the retirement allowance finally selected.

Any Class A or Class B member who retires and dies within 30 days after the effective date of his retirement, and who has been granted a retirement allowance of maximum benefits for service under this subsection, or who has elected to receive one of the several optional retirement allowances available in lieu thereof, shall be considered as a member’s dying in active service, and the ordinary death benefits provided for in § 6(h) shall be paid in lieu of the benefits provided for in this subsection.

Any service retirement allowance payments made to any retired Class A or Class B member, who dies within 30 days after the effective date of his retirement, shall be offset against any amounts payable under the provisions of § 6(h).

Notwithstanding any provision to the contrary contained in this subsection, any Class A or Class B member who retires prior to age 60 and who defers his retirement allowance to commence upon his attainment of age 60, shall be considered as a member’s dying in active service if he dies at any time between the effective date of his retirement and 30 days following his attainment of age 60, and the benefits provided in § 6(h) shall be paid as therein provided. Any retirement allowance payments made to said member after his attainment of age 60, shall be offset against any amounts payable under the provisions of § 6(h).

Notwithstanding anything to the contrary in this subtitle, should a Class A or Class B member, who has acquired 15 or more years of service, leave a regular permanent position of the City, such member may elect to have his accumulated contributions remain in the system with regular interest thereon, while no longer in service, and upon attaining the age of 60, such member shall be entitled to receive the maximum service retirement allowance as provided for in § 6(b), computed as if he were a member retiring from service at age 60. Should a member so electing die before attaining age 60, the amount of his accumulated contributions with interest to the date of his death shall be paid to his estate, or to such person as he shall have nominated by written designation, duly acknowledged and filed with the Board of Trustees. The beneficiary or the estate of a deceased member, who dies before attaining the age of 60, shall not be entitled to any benefits under this subtitle other than the return of the deceased member’s accumulated contributions with interest to the date of death. This paragraph shall not apply to any Class A or Class B member who is convicted of a job-related offense, such offense being either a misdemeanor or felony punishable by incarceration for more than 6 months or punishable by a fine in excess of $500. To be job-related, the offense must be committed by the member in the performance of his duties as an employee or an official of the City of Baltimore and committed against the City of Baltimore.

Any Class A or Class B member who leaves city employment and is entitled to any benefits under this subsection if he is subsequently reemployed by the City as an employee, shall upon his return to City employment be immediately continued as a Class A or Class B member. Thereupon he shall be credited with any past service, and any retirement allowance he may be receiving shall be discontinued.

No benefit is payable to the beneficiary(ies), next of kin, or the estate of a member who selected maximum benefits and dies on or before March 31, 2001.

A Class A or Class B member shall be retired on a non-line-of-duty disability retirement if:

To retire under this subsection, the member must:

A non-line-of-duty disability retirement under this subsection takes effect as follows:

Upon retirement for non-line-of-duty disability on or before October 15, 1992, a Class A or Class B member is entitled to receive the maximum service retirement allowance if he or she has attained the age of 60; otherwise, he or she is entitled to receive the maximum non-line-of-duty disability retirement allowance, which shall consist of:

Any Class A or Class B member who is entitled to receive the maximum non-line-of-duty disability retirement allowance may elect to receive that maximum non-line-of-duty disability retirement allowance, or may elect to receive the actuarial equivalent of that maximum non-line-of-duty disability retirement allowance, computed as of the effective date of his or her retirement, in a lesser amount payable throughout his or her life in accordance with the following provisions: <table> <tbody> <tr> <td>Option 1.</td> <td>If he or she dies before having received in total retirement benefits the present value of his or her retirement allowance as it was at the time of retirement, the balance shall be paid to his or her legal representatives or to the person that he or she nominates by written designation duly acknowledged and filed with the Board of Trustees; or</td> </tr> <tr> <td>Option 2.</td> <td>Upon his or her death, his or her retirement allowance as it was at the time of retirement shall continue throughout the life of and be paid to the person that he or she nominates by written designation duly acknowledged and filed with the Board of Trustees at the time of his or her retirement; or</td> </tr> <tr> <td>Option 3.</td> <td>Upon his or her death, ½ of his or her retirement allowance as it was at the time of retirement shall be continued throughout the life of and paid to the person that he or her nominates by written designation duly acknowledged and filed with the Board of Trustees at the time of his or her retirement; or</td> </tr> <tr> <td>Option 4.</td> <td>Some other periodically paid benefit or benefits shall be paid either to the Class A or Class B member or to the person or persons that he or she nominates, provided such other benefit or benefits shall be certified by the actuary to be of equivalent actuarial value to his or her retirement allowance, and subject to approval by the Board of Trustees.</td> </tr> </tbody> </table>

If any living retired Class A or Class B member changes the type or kind of retirement allowance elected by him or her, then any payments that may have been made to him or her before that change are to be taken into account in arriving at the amount to be paid to him or her in connection with the retirement allowance finally selected.

Any Class A or Class B member who retires and dies within 30 days after the effective date of his or her retirement, and who has been granted a retirement allowance of maximum benefits for non-line-of-duty disability under this subsection, or who has elected to receive one of the several optional retirement allowances available, is considered to be a member dying in active service, and the non-line-of-duty death benefits provided for in § 6(h) shall be paid in lieu of the benefits provided for in this subsection.

Any non-line-of-duty disability retirement allowance payments made to any retired Class A or Class B member, who dies within 30 days after the effective date of his or her retirement, shall be offset against any amounts payable under the provisions of § 6(h).

an annuity which shall be the actuarial equivalent of his accumulated contributions at the time of retirement; and

a pension which, together with his annuity, shall provide a total retirement allowance equal to 1.70% of his average final compensation in the case of Class A members, and 1.57% of his average final compensation in the case of Class B members, multiplied by the number of years of his service if such retirement allowance exceeds ¼ of his average final compensation; otherwise a pension which, together with his annuity, shall provide a total retirement allowance equal to 1.70% of his average final compensation in the case of Class A members, and 1.57% of his average final compensation in the case of Class B members, multiplied by the number of years which would be credited to him were his service to continue until the attainment of age 60, so far as the resulting total retirement allowance shall not exceed ¼ of his average final compensation. The additional annuity provided as the result of voluntary excess contributions under §§ 8(a)(2) and 8(a)(4) shall be payable and shall not be used in determining the ordinary disability pension under this subsection.

Any Class A or Class B member who is entitled to receive the maximum ordinary disability retirement allowance may elect to receive such maximum ordinary disability retirement allowance, or he may elect to receive the actuarial equivalent of such maximum ordinary disability retirement allowance, computed as of the effective date of his retirement, in a lesser amount payable throughout his life in accordance with the following provisions: <table> <tbody> <tr> <td>Option 1.</td> <td>If he dies before he has received in total retirement benefits the present value of his retirement allowance as it was at the time of his retirement, the balance shall be paid to his legal representatives or to such person as he shall nominate by written designation duly acknowledged and filed with the Board of Trustees; or</td> </tr> <tr> <td>Option 2.</td> <td>Upon his death, his retirement allowance as it was at the time of his retirement shall continue throughout the life of and be paid to such person as he shall nominate by written designation duly acknowledged and filed with the Board of Trustees at the time of his retirement; or</td> </tr> <tr> <td>Option 3.</td> <td>Upon his death, ½ of his retirement allowance as it was at the time of his retirement shall be continued throughout the life of and paid to such person as he shall nominate by written designation duly acknowledged and filed with the Board of Trustees at the time of his retirement; or</td> </tr> <tr> <td>Option 4.</td> <td>Some other periodically paid benefit or benefits shall be paid either to the Class A or Class B member or to such person or persons as he shall nominate, provided such other benefit or benefits shall be certified by the actuary to be of equivalent actuarial value to his retirement allowance, and subject to approval by the Board of Trustees.</td> </tr> </tbody> </table>

Any living retired Class A or Class B member shall have the right, within 30 days after the effective date of his retirement, and not thereafter, to change his election of the maximum ordinary disability retirement allowance to any one of the options hereinbefore set forth, or to change his election of any one of said options to another one of said options, or to change his election from any one of said options to the maximum ordinary disability retirement allowance. Any living retired Class A or Class B member shall have the right, within 30 days after the effective date of his retirement, to change his designation of a beneficiary; but thereafter no such change may be made in connection with any portion hereinbefore set forth which provides for the payment of a retirement allowance to, and throughout the life of, the beneficiary designated. The election of any option or any change in connection therewith shall be made on forms provided for that purpose by the Retirement Systems Office of the City of Baltimore and filed with said office.

If any living retired Class A or Class B member changes the type or kind of retirement allowance elected by him, as provided hereinbefore, then any payments which may have been made to him prior to such change are to be taken into account in arriving at the amount to be paid to him in connection with the retirement allowance finally selected.

Any Class A or Class B member who retires and dies within 30 days after the effective date of his retirement, and who has been granted a retirement allowance of maximum benefits for ordinary disability under this subsection, or who has elected to receive one of the several optional retirement allowances available in lieu thereof, shall be considered as a member’s dying in active service, and the ordinary death benefits provided for in § 6(h) shall be paid in lieu of the benefits provided for in this subsection.

Any ordinary disability retirement allowance payments made to any retired Class A or Class B member, who dies within 30 days after the effective date of his retirement, shall be offset against any amounts payable under the provisions of § 6(h).

The panel of hearing examiners may, at its discretion but not more frequently than once in any 1 year, require any retired Class A or Class B member, who is receiving a disability retirement allowance and, who has not yet attained age 60, to undergo a medical examination to determine whether he has become fit to resume duties in the nature of those he was performing prior to his retirement. Such examination shall be made in the place of residence of said retiree, or other place mutually agreed upon by the retiree and a physician or physicians designated by the panel of hearing examiners. The examining physician shall report his findings to the panel of hearing examiners. If in the opinion of the examining physician, said retiree is able to resume said duties, the City of Baltimore Occupational Medical Service shall thereafter conduct a reexamination of said retiree; and if it concurs in the opinion of the examining physicians, it shall certify to the panel of hearing examiners that said retiree is fit for the further performance of duties in the nature of those he was performing prior to his retirement. If the examining physicians’ opinions do not concur, the panel of hearing examiners shall schedule a hearing to determine the fitness of a retiree to perform his former duties. The panel of hearing examiners shall thereafter submit its determination to the head of the department in which the retiree was employed prior to his retirement, and in the case of classified employees, to the Civil Service Commission. For purpose of reemployment, the retiree shall be treated by the head of his department and by the Civil Service Commission as if he were an employee on leave of absence without pay. Until he is actually reemployed he shall continue to receive his ordinary disability retirement allowance. A disability retiree who has been certified as fit for further performance of his duties and is restored to active service at a compensation not less than the annual rate of compensation being paid currently to persons in the same grade and step as the retiree was at the time of his retirement, plus the amount of any longevity payments currently being paid for the length of service the retiree had at the time of his retirement, shall cease to receive his retirement allowance. He shall again become a Class A or Class B member of the Retirement System and shall contribute thereafter at the current rate of contribution. Any previous service credit on the basis of which his service was computed at the time of his retirement shall be restored to full force and effect and in addition, upon his subsequent retirement, he shall be credited with all his service as a member. Should such disability retiree who has been certified as fit for the further performance of his duties refuse to accept an offer of reemployment by the City involving duties in the nature of those he was performing prior to his retirement and at a salary not less than the rate of annual compensation being paid currently to persons in the same grade and step as the retiree was at the time of his retirement, plus the amount of any longevity payments currently being paid for the length of service the retiree had at the time of his retirement, all rights in and to his pension shall be revoked by the Board of Trustees, upon recommendation made by the panel of hearing examiners. Should such disability retiree refuse to submit to the medical examinations herein provided for, his ordinary disability retirement allowance may be discontinued until the withdrawal of said refusal, and should his refusal continue for 1 year, all rights in and to his pension shall be revoked by the Board of Trustees upon recommendation made by the panel of hearing examiners.

A Class A or Class B disability retiree may, without reduction of his retirement allowance, earn annually an amount, hereinafter referred to as “earnings”, equal to the rate of the annual earnable compensation currently being paid to persons in the same grade and step as the retiree was at the time of his retirement, plus the amount of any longevity payments currently being paid for the length of service the retiree had at the time of his retirement, said rate of earnable compensation plus longevity payments, if any, hereinafter referred to as “base amount”. Should such a retiree earn an annual amount which is greater than his base amount, the pension otherwise payable to him shall be reduced in the following manner: For the first $5,000 of earnings in excess of the base amount, a reduction of $1 in pension benefits shall be made for each $2 earned. For any earnings in excess of $5,000 over the base amount, a reduction of $2 in pension benefits shall be made for each $5 earned. In the calendar year of retirement, the base amount shall be prorated on a monthly basis. Benefits which may be payable to a beneficiary of a deceased disability retiree under the provisions of this subtitle, shall not be reduced by reason of any excess earnings said retiree may have had; and the base for calculating said beneficiary’s benefits shall be the total unreduced retirement allowance of the disability retiree, notwithstanding the fact that said retiree was receiving a reduced retirement allowance in the year of his death. The term “earnings” as used in this subsection shall mean income derived from wages, salaries, tips, commissions, other employee compensation, and self-employment. In all cases of doubt the Board of Trustees shall decide what are and what are not “earnings” for the purposes of administering the provisions of this subsection. Such disability retiree who has not been certified as fit to perform duties in the nature of those he was performing prior to his retirement may, nevertheless, accept suitable employment with the City, subject to the “earnings” provisions contained herein; provided, however, that such an employee shall not again become a member of any retirement system supported in whole or in part by the Mayor and City Council of Baltimore.

On or before May 1 of each year following his disability retirement, a Class A or Class B disability retiree shall submit, on a form issued by the Board of Trustees or on its equivalent as approved by the Board of Trustees, a signed statement setting forth his total gross earnings, if any, in the preceding calendar year and the source of said earnings. The execution of said forms by a disability retiree shall have the same effect as a statement sworn to by him before a notary public. Should any disability retiree fail to submit said signed statement, his retirement allowance may thereafter be discontinued by the Board of Trustees until he has complied; and should he fail to submit said signed and completed statement by May 1, of the succeeding year, all rights in and to his pension may be revoked by the Board of Trustees.

No benefit is payable to the beneficiary(ies), next of kin, or the estate of a member who selected maximum benefits and dies on or before March 31, 2001.

A Class A or Class B member shall be retired on a line-of-duty disability retirement if a hearing examiner determines that the member is totally and permanently incapacitated for the further performance of the duties of his or her job classification in the employ of Baltimore City, as the natural and proximate result of an accident occurring while in the actual performance of duty at some definite time and place, without willful negligence on his or her part.

To retire under this subsection, the member must:

A line-of-duty disability retirement under this subsection takes effect as follows:

Upon retirement for line-of-duty disability, a Class A or Class B member is entitled to receive the maximum line-of-duty disability retirement allowance, which shall consist of:

Any Class A or Class B member who is entitled to receive the maximum line-of-duty disability retirement allowance may elect to receive that maximum line-of-duty disability retirement allowance, or may elect to receive the actuarial equivalent of that maximum line-of-duty disability retirement allowance, computed as of the effective date of his or her retirement, in a lesser amount payable throughout his or her life in accordance with the following provisions: <table> <tbody> <tr> <td>Option 1.</td> <td>If he or she dies before having received in total retirement benefits the present value of his or her retirement allowance as it was at the time of retirement, the balance shall be paid to his or her legal representatives or to the person that he or she nominates by written designation duly acknowledged and filed with the Board of Trustees; or</td> </tr> <tr> <td>Option 2.</td> <td>Upon his death, his retirement allowance as it was at the time of his retirement shall be continued throughout the life of and paid to the person that he or she nominates by written designation duly acknowledged and filed with the Board of Trustees at the time of his or her retirement; or</td> </tr> <tr> <td>Option 3.</td> <td>Upon his or her death, ½ of his or her retirement allowance as it was at the time of retirement shall be continued throughout the life of and paid to the person that he or she nominates by written designation duly acknowledged and filed with the Board of Trustees at the time of his retirement; or</td> </tr> <tr> <td>Option 4.</td> <td>Some other periodically paid benefit or benefits shall be paid either to the Class A or Class B member or to the person or persons that he or she nominates, provided such other benefit or benefits shall be certified by the actuary to be of equivalent actuarial value to his or her retirement allowance, and subject to approval by the Board of Trustees.</td> </tr> </tbody> </table>

If any living retired Class A or Class B member changes the type or kind of retirement allowance elected by him or her, then any payments that may have been made to him or her before that change are to be taken into account in arriving at the amount to be paid to him or her in connection with the retirement allowance finally selected.

Any line-of-duty disability retirement allowance payments made to any retired Class A or Class B member, who dies within 30 days after the effective date of his or her retirement, shall be offset against any amounts payable under the provisions of §§ 6(h) or 6(i).

This subsection (h) applies to a Class A or Class B member who dies while actively employed, but whose death does not qualify under subsection (i) as a line-of-duty death.

The amounts that would have been paid under this subsection (h), excluding membership contribution accounts, with interest, forever remain assets of the System if:

This subsection applies only to an individual:

The amounts that would have been paid under this subsection (i), excluding membership contribution accounts, with interest, forever remain assets of the System if:

Any amounts paid or payable by the City of Baltimore on or before March 31, 2001, under any Workers’ Compensation or similar law to a Class A or Class B member or to the dependents of a Class A or Class B member on account of any disability or death shall be offset against and payable in lieu of any benefits payable out of funds provided by the City under this subtitle on account of the same disability or death.

If the present value of the total commuted benefits under the Workers’ Compensation or similar law is less than the pension reserve on the benefits otherwise payable from funds provided by the City under this subtitle, then the present value of the commuted payments shall be deducted from the pension reserve and the benefits as may be provided by the pension reserve so reduced shall be payable under this subtitle.

This subsection applies to a member or beneficiaries of a member:

The Board of Trustees shall offset the amount of a member’s Workers’ Compensation benefits to be paid or payable by the City and awarded under the State’s Workers’ Compensation Law against any disability or death benefits paid or payable by the System to a member or a member’s beneficiaries, if:

The amount of Workers’ Compensation benefits to be offset does not include amounts allocated for the payment of legal fees, medical expenses, or other payments authorized by the Workers’ Compensation Commission to be made directly to third parties and not to the member or the member’s beneficiary.

Subject to the conditions, deductions and limitations hereinafter set forth, any member who has been retired and who is entitled to receive periodically paid retirement benefits, including supplemental payments, on the day immediately preceding the effective date of this ordinance, regardless of what basis was used for calculating the benefits and even though the benefits may have been incorrectly determined, shall receive a minimum total retirement benefit of $4,000 per annum in lieu of any lesser retirement benefits, including supplemental payments, which such retiree was entitled to receive on the day immediately preceding the effective date of this ordinance.

Subject to the conditions, deductions and limitations hereinafter set forth, any surviving beneficiary of a member who was retired and subsequently died before the effective date of this ordinance, and who (beneficiary) is entitled to receive periodically paid retirement benefits, including supplemental payments, on the day immediately preceding the effective date of this ordinance, regardless of what basis was used for calculating the benefits and even though the benefits may have been incorrectly determined, shall receive a minimum total retirement benefit of $2,000 per annum in lieu of any lesser retirement benefits, including supplemental payments, which such beneficiary was entitled to receive on the day immediately preceding the effective date of this ordinance.

Subject to the conditions, deductions and limitations hereinafter set forth, any beneficiary who becomes eligible for periodically paid retirement benefits as a result of the death of a retired member which death occurs after the effective date of this ordinance, and which retired member was entitled to receive periodically paid retirement benefits, including supplemental payments, on the day immediately preceding the effective date of this ordinance, regardless of what basis was used for calculating the deceased retired member’s benefits, and even though the benefits may have been incorrectly determined, said beneficiary of the deceased retired member shall receive a minimum benefit of $2,000 per annum in lieu of any lesser retirement benefits, including supplemental payments.

The minimum benefit of $4,000 for a retired member provided in paragraph (1) and the minimum benefit of $2,000 for any surviving beneficiary of a deceased retired member provided for in paragraphs (2) and (3) shall be subject to the following conditions, deductions and limitations:

Notwithstanding anything to the contrary contained in § 6(n), effective with the 1^st day of the 1^st full pay period after July 1, 1975, any retiree who has 30 years or more of service and who is eligible for the benefits provided for in § 6(n), and who is eligible to receive, as of June 30, 1975, total annual retirement benefits in an amount under $4,400, subject to the limitations herein, shall be entitled to receive an increase of $400 over and above the amount that the retiree was eligible for as of June 30, 1975. However, if the $400 increment would result in the retiree’s receiving total retirement benefits in excess of $4,400, then such retiree shall only be entitled to receive such lesser increase as would result in his or her receiving a total annual benefit of $4,400.

Notwithstanding anything to the contrary contained in § 6(n), effective with the 1^st day of the 1^st full pay period after July 1, 1975, any beneficiary of a member who had 30 years or more of service and who is eligible for the benefits provided for in § 6(n), and who is eligible to receive, as of June 30, 1975, total annual retirement benefits in an amount under $2,200, subject to the limitations herein, shall be entitled to receive an increase of $200 over and above the amount that the beneficiary was eligible for as of June 30, 1975. However, if the $200 increment would result in the beneficiary’s receiving retirement benefits in excess of $2,200, then such beneficiary shall only be entitled to receive such lesser increase as would result in his or her receiving a total annual benefit of $2,200.

In the event that a retired member or deceased retired member had less than 30 years of service, the aforesaid $400 increase payable to a retired member and the $200 increase payable to any beneficiary of any deceased retired member, shall be reduced, pro rata, by each year and the decimal proportion of a year of service less than 30 years. However, if the reduced pro rata increment would result in the retiree’s receiving total retirement benefits in excess of $4,400, then such retiree shall only be entitled to receive such lesser increase as would result in his or her receiving a total annual benefit of $4,400, or if the reduced pro rata increment would result in the beneficiary’s receiving retirement benefits in excess of $2,200, then such beneficiary shall only be entitled to receive such lesser increase as would result in his or her receiving a total annual benefit of $2,200.

Notwithstanding anything to the contrary contained in § 6(n), any social security entitlement and earned income offsets provided for in § 6(n)(4)(d) shall, after July 1, 1975, not exceed the retiree’s or the beneficiaries’ offset which was used to calculate § 6(n) benefits on June 30, 1975. Should any such offset in any subsequent year be less than the June 30, 1975, offset, then the retiree or beneficiary shall, upon proper application, be entitled to receive the appropriate increase in § 6(n) benefits, in addition to the increased benefits provided for in this subsection.

The Board of Trustees shall use such portion of the net unallocated interest surplus (if any), which has not been used to reduce the City’s contribution or the unfunded actuarial liability, as is deemed necessary by the actuary to cover the cost to the City of Baltimore which may result from the implementation of Ordinance 87-988, effective July 1, 1987, as it affects benefits for current members as of the date of enactment of the ordinance. All other costs of Ordinance 87-988 shall be provided for in the same manner as otherwise described in this section.

The Board of Trustees shall apply the $19,633,535 restricted portion of the interest surplus, as noted in City Council Resolution 88-009, towards the cost to the City of Baltimore which results from the implementation of Ordinance 89-275.

Any unallocated interest surplus as of June 30, 1990, shall be applied to reduce the current cost of the system. $1,000,000 of such surplus shall be applied for the City’s fiscal year ending June 30, 1992. The remainder of such surplus shall be applied in each following fiscal year until exhausted. The amount to be applied in each such year shall be no more than $3,000,000 and no less than the lesser of $1,000,000 or the remaining amount of surplus not yet applied.

The Board of Trustees shall use such portion of the net unallocated interest surplus, if any, as of June 30, 1995, as is deemed necessary by the actuary to cover the cost to the City of §§ 4(b)(2) and 9(c)(6) of this subtitle. Any additional costs of said sections shall be funded in the same manner as otherwise described in this section.

The Board of Trustees shall use that portion of the net unallocated excess earnings, if any, as of June 30, 2000, that the actuary considers necessary to cover the cost to the City of §§ 6(a)(2)(iii), 6(b)(15)(i), 6(b-1), 6(c)(2)(ii), 6(c)(12)(ii), 6(d-1), 6(f)(12)(ii), 6(f)(14), 6(h)(4), 6(k), 9(e)(6), 9(j)(ii), 9(m)(8)(c) and (d), 9(o-1)(4), and 9(o-4) of this subtitle. Any additional costs of those sections shall be funded in the same manner as otherwise described in this section.

for the exclusive purpose of:

with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims;

by diversifying the investments of the Retirement Systems’ funds so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so; and

in accordance with the provisions of <cite data-path="|22|§7">§ 7 of this subtitle</cite>.

The Retirement System shall maintain a fund in which shall be accumulated all reserves for the payment of all pensions and other benefits payable from contributions made by the City of Baltimore and from which shall be paid all pensions and other benefits on account of members with prior service credit and lump sum death benefits for all members payable from the those contributions.

Contributions by the City Baltimore to the Retirement System Fund shall be made as follows:

On or before January 1 of each year, the Board of Trustees shall certify to the Board of Estimates the amount of the appropriation necessary to pay to the Retirement System the amounts payable by the City of Baltimore, as enumerated in <cite data-path="|22">this article</cite>, for the fiscal year beginning on the ensuing July 1.

The amount so certified is due to the System on July 1 of the fiscal year, and appropriations for that amount shall be included in the Ordinance of Estimates for that fiscal year.

Effective with the 1^st full payroll period that begins after an employee begins her or his Class D membership, the employee shall contribute 5% of his or her earnable compensation (as defined in <cite data-path="|22|§1|(11)">§ 1(11) of this subtitle</cite>), these contributions to continue throughout the member’s remaining period of service.

In this section, “(an)other City retirement plan” means:

Except as provided in paragraph (4) of this subsection, a Class C member may not make contributions to, receive any pension or retirement income from, or accrue any service credit in another City retirement plan while at the same time accruing service credit in this System.

Notwithstanding paragraph (3) of this subsection, and pursuant to <cite data-path="|22|§48">§ 48 of this article</cite>, the following may become Class C members of this System and accrue service credit in this System while an employee covered by this System:

This subsection applies only to a member of this System who:

A member of this System who receives service credit for military service under this subsection may transfer the credit to another State or local retirement or pension system within Maryland.

A member of this System, the member’s beneficiary, or the member’s estate is not entitled to line-of-duty disability benefits or line-of-duty death benefits arising from the member’s death or disability during a period that the member is absent from employment for military service.

Subject to paragraph (2) of this subsection, but notwithstanding any other provision of this subtitle, on proper application to this System, up to 3 years of credit shall be granted for military service, as defined in subsection (d) of this section, to any Class C member who has served in the military prior to employment with the City and who satisfies one of the following:

The following types of service retirement benefits are available to a Class C member under this System:

A Class C member in service may retire under subsection (e), (f), or (l) of this section if:

This § 9(e)(1) shall not apply to Class C members who became employees after June 27, 1991. Any Class C member, who has acquired at least 5 years of service at the normal retirement date of age 65, shall have a nonforfeitable right to receive a maximum pension commencing at the normal retirement date, age 65, or an optional pension which shall be the actuarial equivalent of the maximum pension as provided in § 9(m). In addition, any Class C member who has not attained the normal retirement date of age 65, but who has acquired 30 years of service and has attained the age of at least 62, shall be entitled to receive a maximum pension calculated as if the member had attained his normal retirement date, age 65. The maximum pension shall be equal to 1.85% of the member’s average final compensation multiplied by his years of service (and fractions thereof) reduced by 1.33% of the member’s Primary Social Security Benefit multiplied by his years of service (and fractions thereof) not to exceed 30. However, for members who terminate employment with the City before June 29, 1990, the preceding sentence shall be read by substituting “1.84%” for “1.85%”, and by substituting “1.37%” for “1.33%”. Effective June 28, 1992, the maximum pension for any Class C member who was an employee on or after June 28, 1991, and who is eligible to retire under the above paragraph shall be the greater of the retirement benefit provided in § 9(e)(1) or § 9(e)(4).

Any Class C member, who has acquired at least 5 years of service at the normal retirement date of age 65, shall have a nonforfeitable right to receive a maximum pension commencing at the normal retirement date, age 65, or an optional pension which shall be the actuarial equivalent of the maximum pension as provided in § 9(m). In addition, any Class C member who has not attained the normal retirement date of age 65, but who has acquired 30 years of service and has attained the age of at least 62, shall be entitled to receive a maximum pension calculated as if the member had attained his normal retirement date, age 65. The maximum pension shall be equal to 1.70% of the member’s average final compensation multiplied by his years of service (and fractions thereof), reduced by 1.5% of the member’s Primary Social Security Benefit multiplied by his years of service (and fractions thereof) not to exceed 30.

Members who became employees on or after June 28, 1991, and who terminate employment on or before June 28, 1993, shall have their retirement benefit determined under this § 9(e)(4) without regard to § 9(e)(1). Any Class C member, who has acquired at least 5 years of service at the normal retirement date of age 65, shall have a nonforfeitable right to receive a maximum pension commencing at the normal retirement date, age 65, or an optional pension which shall be the actuarial equivalent of the maximum pension as provided in § 9(m). In addition, any Class C member who has not attained the normal retirement date of age 65, but acquired 30 years of service and has attained the age of at least 62, shall be entitled to receive a maximum pension calculated as if the member had attained his normal retirement date, age 65. The maximum pension shall be equal to: (a) 1.425% of the member’s average final compensation plus 0.425% of the member’s average final compensation in excess of his covered compensation, multiplied by his years of service (and fractions thereof) not in excess of 30, plus (b) 1.85% of the member’s average final compensation multiplied by his years of service (and fractions thereof) in excess of 30. For members who retire on or after June 28, 1991, and before June 28, 1992, the preceding sentence shall read by substituting “1.40%” for “1.425%” and by substituting “0.45%” for “0.425%”. The maximum pension benefit provided by this § 9(e)(4) shall be taken into account when determining the benefit to which a member is entitled under § 9(f) (early retirement), § 9(h) (postponed retirement), § 9(i) (ordinary disability retirement) and § 9(l) (termination of employment). This § 9(e)(4) is subject to the offset set forth in § 9(e)(3) above. Effective June 28, 1992, the maximum pension for any Class C member who was an employee on or after June 28, 1991, and who is eligible to retire under § 9(e)(1) shall be the greater of the retirement benefit provided in § 9(e)(1) or § 9(e)(4).

Notwithstanding anything to the contrary, any Class C member, who has acquired at least 5 years of service at the normal retirement date of age 65, shall have a nonforfeitable right to receive a maximum pension commencing at the normal retirement date, age 65, or an optional pension as provided in § 9(m), which shall be the actuarial equivalent of the maximum pension. In addition, any Class C member who has not attained the normal retirement age 65, but who has acquired 30 years or more of service, regardless of age, shall be entitled to receive a maximum or optional pension calculated as if the member had attained his normal retirement date, age 65. The maximum pension shall be equal to: (a) 1.50% of the member’s average final compensation, plus 0.35% of the member’s average final compensation in excess of his covered compensation, multiplied by his years of service (and fractions thereof) not in excess of 30, plus (b) 1.85% of the member’s average final compensation multiplied by his years of service (and fractions thereof) in excess of 30. The benefit provided by this § 9(e)(5) is subject to the offset set forth in § 9(e)(3) above.

If a member described in paragraph (1) of this subsection elects to have his or her early retirement benefit commence before the 1^st day of the month immediately following his or her 65^th birthday, the amount of the benefit shall be reduced as follows:

A Class C member is entitled to retire on a non-line-of-duty disability retirement if:

To retire under this subsection, the member must:

A non-line-of-duty disability retirement takes effect as follows:

On retirement on or after October 16, 1992, the Class C member is entitled to receive a pension equal to the greater of:

A Class C member is entitled to retire on a line-of-duty disability retirement if a hearing examiner determines that:

To retire under this subsection, the member must:

A line-of-duty disability retirement takes effect as follows: