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<section article="gsp" article_name="State Personnel and Pensions" number="20-204" title_number="20" title_name="Definitions and General Provisions" subtitle_number="2" subtitle_name="General Provisions">
  <level label="a">
    <level label="1">
      <text>This subsection applies only to an individual who is a member of:</text>
      <level label="i">
        <text>the Employees’ Retirement System; or</text>
      </level>
      <level label="ii">
        <text>the Teachers’ Retirement System.</text>
      </level>
    </level>
    <level label="2">
      <text>Except as provided in paragraph (3) of this subsection, the average final compensation of a member equals the average annual earnable compensation of the member for:</text>
      <level label="i">
        <text>the 3 years of employment as a member during which the member’s earnable compensation was highest, if the member was employed at least 3 years as a member; or</text>
      </level>
      <level label="ii">
        <text>the member’s total period of employment, if the member was employed less than 3 years as a member.</text>
      </level>
    </level>
    <level label="3">
      <text>Except as provided in paragraph (4) of this subsection, the member’s average final compensation does not include a salary increase in the last 3 years of employment if it is an extraordinary salary increase according to regulations that the Board of Trustees adopts.</text>
    </level>
    <level label="4">
      <text>A salary increase may not be considered an extraordinary salary increase under paragraph (3) of this subsection if the salary increase is:</text>
      <level label="i">
        <text>because of a member’s promotion; or</text>
      </level>
      <level label="ii">
        <text>subject to paragraph (5) of this subsection, related to a review and adjustment to the compensation for a position classification to:</text>
        <level label="1">
          <text>address inequities in compensation among employees in the same position classification; or</text>
        </level>
        <level label="2">
          <text>increase the compensation for the position classification to be more consistent with market compensation for the position.</text>
        </level>
      </level>
    </level>
    <level label="5">
      <level label="i">
        <text>At the time of retirement, a member who has received a salary increase in accordance with paragraph (4)(ii) of this subsection shall file with the State Retirement Agency a form provided by the State Retirement Agency that:</text>
        <level label="1">
          <text>is completed by the member’s employer; and</text>
        </level>
        <level label="2">
          <text>certifies that the member received a salary increase in accordance with paragraph (4)(ii) of this subsection.</text>
        </level>
      </level>
      <level label="ii">
        <text>A member shall submit to the State Retirement Agency the completed form required under subparagraph (i) of this paragraph within 30 days from the date of the State Retirement Agency’s written notice that the member has received an extraordinary salary increase.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>This subsection applies only to an individual who on or before June 30, 2011, is a member of:</text>
      <level label="i">
        <text>the Correctional Officers’ Retirement System; or</text>
      </level>
      <level label="ii">
        <text>the State Police Retirement System.</text>
      </level>
    </level>
    <level label="2">
      <text>Except as provided in paragraph (3) of this subsection, the average final compensation of a member equals the average annual earnable compensation of the member for:</text>
      <level label="i">
        <text>the 3 years of employment as a member during which the member’s earnable compensation was highest, if the member was employed at least 3 years as a member; or</text>
      </level>
      <level label="ii">
        <text>the member’s total period of employment, if the member was employed less than 3 years as a member.</text>
      </level>
    </level>
    <level label="3">
      <level label="i">
        <text>Except as provided in paragraph (4) of this subsection, the member’s average final compensation does not include a salary increase in the last 3 years of employment if it is an extraordinary salary increase according to regulations that the Board of Trustees adopts.</text>
      </level>
      <level label="ii">
        <level label="1">
          <text>This subparagraph applies only to a member of the State Police Retirement System.</text>
        </level>
        <level label="2">
          <text>If a member of the State Police Retirement System who transferred from another actuarial retirement system in the State retires after less than 3 years of employment as a member of the State Police Retirement System, the earnable compensation as a member in the other system shall be used in the determination of average final compensation.</text>
        </level>
      </level>
    </level>
    <level label="4">
      <text>A salary increase may not be considered an extraordinary salary increase under paragraph (3)(i) of this subsection if the salary increase is:</text>
      <level label="i">
        <text>because of a member’s promotion; or</text>
      </level>
      <level label="ii">
        <text>subject to paragraph (5) of this subsection, related to a review and adjustment to the compensation for a position classification to:</text>
        <level label="1">
          <text>address inequities in compensation among employees in the same position classification; or</text>
        </level>
        <level label="2">
          <text>increase the compensation for the position classification to be more consistent with market compensation for the position.</text>
        </level>
      </level>
    </level>
    <level label="5">
      <level label="i">
        <text>At the time of retirement, a member who has received a salary increase in accordance with paragraph (4)(ii) of this subsection shall file with the State Retirement Agency a form provided by the State Retirement Agency that:</text>
        <level label="1">
          <text>is completed by the member’s employer; and</text>
        </level>
        <level label="2">
          <text>certifies that the member received a salary increase in accordance with paragraph (4)(ii) of this subsection.</text>
        </level>
      </level>
      <level label="ii">
        <text>A member shall submit to the State Retirement Agency the completed form required under subparagraph (i) of this paragraph within 30 days from the date of the State Retirement Agency’s written notice that the member has received an extraordinary salary increase.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>This subsection applies only to an individual who on or after July 1, 2011, becomes a member of:</text>
      <level label="i">
        <text>the Correctional Officers’ Retirement System; or</text>
      </level>
      <level label="ii">
        <text>the State Police Retirement System.</text>
      </level>
    </level>
    <level label="2">
      <text>Except as provided in paragraph (3) of this subsection, the average final compensation of a member equals the average annual earnable compensation of the member for:</text>
      <level label="i">
        <text>the 5 years of employment as a member during which the member’s earnable compensation was highest, if the member was employed at least 5 years as a member; or</text>
      </level>
      <level label="ii">
        <text>the member’s total period of employment, if the member was employed less than 5 years as a member.</text>
      </level>
    </level>
    <level label="3">
      <level label="i">
        <text>Except as provided in paragraph (4) of this subsection, the member’s average final compensation does not include a salary increase in the last 5 years of employment if it is an extraordinary salary increase according to regulations that the Board of Trustees adopts.</text>
      </level>
      <level label="ii">
        <level label="1">
          <text>This subparagraph applies only to a member of the State Police Retirement System.</text>
        </level>
        <level label="2">
          <text>If a member of the State Police Retirement System who transferred from another actuarial retirement system in the State retires after less than 5 years of employment as a member of the State Police Retirement System, the earnable compensation as a member in the other system shall be used in the determination of average final compensation.</text>
        </level>
      </level>
    </level>
    <level label="4">
      <text>A salary increase may not be considered an extraordinary salary increase under paragraph (3)(i) of this subsection if the salary increase is:</text>
      <level label="i">
        <text>because of a member’s promotion; or</text>
      </level>
      <level label="ii">
        <text>subject to paragraph (5) of this subsection, related to a review and adjustment to the compensation for a position classification to:</text>
        <level label="1">
          <text>address inequities in compensation among employees in the same position classification; or</text>
        </level>
        <level label="2">
          <text>increase the compensation for the position classification to be more consistent with market compensation for the position.</text>
        </level>
      </level>
    </level>
    <level label="5">
      <level label="i">
        <text>At the time of retirement, a member who has received a salary increase in accordance with paragraph (4)(ii) of this subsection shall file with the State Retirement Agency a form provided by the State Retirement Agency that:</text>
        <level label="1">
          <text>is completed by the member’s employer; and</text>
        </level>
        <level label="2">
          <text>certifies that the member received a salary increase in accordance with paragraph (4)(ii) of this subsection.</text>
        </level>
      </level>
      <level label="ii">
        <text>A member shall submit to the State Retirement Agency the completed form required under subparagraph (i) of this paragraph within 30 days from the date of the State Retirement Agency’s written notice that the member has received an extraordinary salary increase.</text>
      </level>
    </level>
  </level>
</section>
