State Personnel and Pensions (GSP) — Title 22. Employees' and Teachers' Retirement Systems
Statutes in effect as of October 1, 2026.
Subtitle 1. Definitions and General Provisions
Md. Code Ann., State Pers. & Pens. § 22-101 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 1. Definitions and General Provisions
§ 22–101LinkCopy Citation
(a)
In this title the following words have the meanings indicated.
(b)
“Selection A (Additional member contributions)” means the retirement selection described in § 22-219 of this title.
(c)
“Selection B (Limited cost-of-living adjustment)” means the retirement selection described in § 22-220 of this title.
(d)
“Selection C (Combination formula)” means the retirement selection described in § 22-221 of this title.
Md. Code Ann., State Pers. & Pens. § 22-102 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 1. Definitions and General Provisions
§ 22–102LinkCopy Citation
This title applies to:
(1)
the Employees’ Retirement System; and
(2)
the Teachers’ Retirement System.
Subtitle 2. Membership
Md. Code Ann., State Pers. & Pens. § 22-201 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 2. Membership
§ 22–201LinkCopy Citation
(a)
Except as provided in subsection (b) of this section, §§ 22-202 through 22-204 of this subtitle apply only to:
(1)
a regular employee whose compensation is provided by State appropriation or paid from State funds;
(2)
an appointed or elected official of the State, including:
(i)
a clerk of the circuit court;
(ii)
a register of wills;
(iii)
a State’s Attorney; and
(iv)
a sheriff;
(3)
an employee or official of a participating governmental unit who is eligible to participate under Title 31, Subtitle 1 of this article;
(4)
an employee of the Office of the Sheriff of Baltimore City;
(5)
a permanent employee of the board of supervisors of elections of a county;
(6)
an employee of the Maryland Environmental Service who is a member of the Employees’ Retirement System on June 30, 1993;
(7)
an employee of Dorchester County who is not a member of the county’s general pension and retirement program and who is a member of the Employees’ Retirement System;
(8)
a court reporter for the Circuit Court for Charles County who is a member of the Employees’ Retirement System on July 1, 1994; and
(9)
a staff employee of the University System of Maryland, Morgan State University, or St. Mary’s College who is a member of the Employees’ Retirement System as of January 1, 1998.
(b)
Sections 22-202 through 22-204 of this subtitle do not apply to:
(1)
an individual who is a member of any State system other than the Employees’ Retirement System;
(2)
an individual who is entitled to be a member of any State system other than the Employees’ Retirement System or the Employees’ Pension System;
(3)
a contractual, emergency, or temporary extra employee;
(4)
an individual who is employed under a federal public service employment program;
(5)
an assessor who is a member of a retirement or pension system operated by a political subdivision of the State; or
(6)
an employee of a local board of elections who chooses to stay in a local merit system under § 2-207 of the Election Law Article.
Md. Code Ann., State Pers. & Pens. § 22-202 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 2. Membership
§ 22–202LinkCopy Citation
(a)
Except as provided in § 22-203 of this subtitle, an individual described in § 22-201(a) of this subtitle who was a member of the Employees’ Retirement System on or before December 31, 1979, became a member of the Employees’ Retirement System as a condition of employment.
(b)
Except as provided in former Article 73B, § 2-206 of the Code, an individual who is not a member of the Employees’ Retirement System on December 31, 1979, is not eligible for membership in the Employees’ Retirement System.
Md. Code Ann., State Pers. & Pens. § 22-203 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 2. Membership
§ 22–203LinkCopy Citation
(a)
(1)
This subsection applies only to:
(i)
an elected or appointed official;
(ii)
an employee of the Governor’s office; and
(iii)
a desk officer or employee of either house of the General Assembly who receives an annual salary as compensation for employment.
(2)
Membership in the Employees’ Retirement System is optional for an individual who was elected or appointed to a position described in paragraph (1) of this subsection from July 1, 1957, to December 31, 1979, both inclusive.
(3)
During an individual’s term, the individual may become a member of the Employees’ Retirement System under this subsection by completing and submitting an application for membership to the Board of Trustees.
(b)
Membership in the Employees’ Retirement System is optional for the employees of a participating governmental unit who are employed by the participating governmental unit on the effective date of participation in the State systems.
Md. Code Ann., State Pers. & Pens. § 22-204 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 2. Membership
§ 22–204LinkCopy Citation
If eligibility of an individual for membership in the Employees’ Retirement System is unclear, the Board of Trustees shall determine whether the individual is a member without regard to the method of payment of the individual’s compensation.
Md. Code Ann., State Pers. & Pens. § 22-205 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 2. Membership
§ 22–205LinkCopy Citation
(a)
Except as provided in subsection (b) of this section, §§ 22–206 through 22–208 of this subtitle apply only to:
(1)
an employee of a day school in the State under the authority and supervision of a county board of education or the Baltimore City Board of School Commissioners, employed as:
(i)
an attendance officer;
(ii)
a clerk;
(iii)
a helping teacher;
(iv)
a principal;
(v)
a superintendent;
(vi)
a supervisor; or
(vii)
a teacher;
(2)
a faculty employee of an educational institution supported by and under the control of the State;
(3)
a librarian or clerical employee of any library that is established or operates under the Education Article;
(4)
a professional or clerical employee of a community college that is established or operates under the Education Article; or
(5)
a staff employee of the University System of Maryland, Morgan State University, or St. Mary’s College who is a member of the Teachers’ Retirement System as of January 1, 1998.
(b)
Sections 22–206 through 22–208 of this subtitle do not apply to:
(1)
an individual who has elected to participate in an optional retirement program under Title 30 of this article;
(2)
an individual who is employed under a federal public service employment program;
(3)
a professional or clerical employee of the Department of Public Libraries of Montgomery County who elected to transfer to the employees’ retirement system of Montgomery County; or
(4)
an employee of the University System of Maryland, Morgan State University, or St. Mary’s College who becomes an employee on or after January 1, 1998, in a position as a staff employee of the educational institution that was eligible for membership in the Teachers’ Retirement System or Teachers’ Pension System under Chapter 6, § 8, paragraphs 1(a) and 2(a) of the Acts of 1994.
Md. Code Ann., State Pers. & Pens. § 22-206 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 2. Membership
§ 22–206LinkCopy Citation
(a)
Except as provided in § 22-207 of this subtitle, an individual who was a member of the Teachers’ Retirement System on or before December 31, 1979, became a member of the Teachers’ Retirement System as a condition of employment.
(b)
Except as provided in former Article 73B, § 3-206 of the Code, an individual who is not a member of the Teachers’ Retirement System on December 31, 1979, is not eligible for membership in the Teachers’ Retirement System.
Md. Code Ann., State Pers. & Pens. § 22-207 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 2. Membership
§ 22–207LinkCopy Citation
The Board of Trustees may deny membership in the Teachers’ Retirement System to, or make membership optional for, any class of individuals described in § 22-205(a) of this subtitle whose:
(1)
compensation is paid only partly by the State; or
(2)
employment is temporary or on other than a yearly basis.
Md. Code Ann., State Pers. & Pens. § 22-208 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 2. Membership
§ 22–208LinkCopy Citation
If eligibility of an individual for membership in the Teachers’ Retirement System is unclear, the Board of Trustees shall determine whether the individual is a member.
Md. Code Ann., State Pers. & Pens. § 22-209 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 2. Membership
§ 22–209LinkCopy Citation
(a)
Subject to subsection (c) of this section, as a condition of an individual’s employment contract, an individual may remain a member of the Employees’ Retirement System or the Teachers’ Retirement System without change in the benefits under that retirement system as of December 31, 1979, if:
(1)
the individual is a member of that retirement system on December 31, 1979; and
(2)
the individual’s membership does not terminate under § 22-217 of this subtitle.
(b)
(1)
Subject to subsection (c) of this section, an individual receiving benefits under this title on December 31, 1979, shall continue to receive the benefits provided as of December 31, 1979.
(2)
The benefits that an individual may continue to receive include:
(i)
eligibility for service retirement on or after 30 years of eligibility service or age 60;
(ii)
eligibility for a reduced service retirement allowance after a certain length of eligibility service;
(iii)
a normal service retirement allowance of one fifty-fifth of average final compensation multiplied by the number of years of creditable service;
(iv)
the retirement allowances provided for ordinary or accidental disability;
(v)
the selection of options for allowances;
(vi)
the adjustment of the allowance for increases in the Consumer Price Index;
(vii)
the death benefit;
(viii)
the level of member contributions; and
(ix)
the length of eligibility service for members to vest benefits in the system.
(c)
For a member who receives creditable service under this title on or after July 1, 1984, §§ 22-219 through 22-221 of this subtitle determine:
(1)
the rate of earnable compensation that is payable as member contributions;
(2)
the computation of the member’s allowance; and
(3)
the cost-of-living adjustment of the member’s allowance.
Md. Code Ann., State Pers. & Pens. § 22-210 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 2. Membership
§ 22–210LinkCopy Citation
A member of the Employees’ Retirement System who is an elected or appointed official may continue membership in the Employees’ Retirement System after the member's last term of office if the member pays to the Board of Trustees the member contributions and employer contributions that would have been made by or for the member had the member remained in office.
Md. Code Ann., State Pers. & Pens. § 22-211 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 2. Membership
§ 22–211LinkCopy Citation
A former member of the Employees’ Retirement System who was a member as an elected or appointed official may continue membership in the Employees’ Retirement System if the former member pays to the Board of Trustees the member contributions and employer contributions that would have been made by or for the former member had the former member remained in office.
Md. Code Ann., State Pers. & Pens. § 22-212 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 2. Membership
§ 22–212LinkCopy Citation
On or after January 1, 2005, an individual who is a member of the Employees’ Retirement System or the Teachers’ Retirement System may not transfer membership to the:
(1)
Employees’ Pension System, if the individual is a member of the Employees’ Retirement System; or
(2)
Teachers’ Pension System, if the individual is a member of the Teachers’ Retirement System.
Md. Code Ann., State Pers. & Pens. § 22-213 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 2. Membership
§ 22–213LinkCopy Citation
On or after January 1, 2005, a former member who has elected a vested allowance under § 29-302 of this article may not elect to be vested in:
(1)
the Employees’ Pension System, if a former member of the Employees’ Retirement System; or
(2)
the Teachers’ Pension System, if a former member of the Teachers’ Retirement System.
Md. Code Ann., State Pers. & Pens. § 22-214 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 2. Membership
§ 22–214LinkCopy Citation
(a)
(1)
This subsection applies only to a member who is subject to Selection A (Additional member contributions).
(2)
For a member whose membership started on or before June 30, 1973, the contribution rate as a percent of a member's earnable compensation is the lesser of:
(i)
2% plus the contribution rate adopted by the Board of Trustees and in effect when membership began; or
(ii)
7%.
(3)
For a member whose membership started on or after July 1, 1973, the contribution rate is 7% of a member's earnable compensation.
(4)
For a member who under § 22-308(b)(2) of this title elects to receive full-time service credit for regular part-time employment, the contribution rate is 7% of the compensation the member would have earned had the member been a full-time employee.
(b)
(1)
This subsection applies to a member who is subject to Selection B (Limited cost-of-living adjustment).
(2)
For a member whose membership started on or before June 30, 1973, the contribution rate as a percent of a member's earnable compensation is the lesser of:
(i)
the contribution rate adopted by the Board of Trustees and in effect when membership began; or
(ii)
5%.
(3)
For a member whose membership started on or after July 1, 1973, the contribution rate is 5% of a member's earnable compensation.
(4)
For a member who elects under § 22-308(b)(2) of this title to receive full-time service credit for regular part-time employment, the contribution rate is 5% of the compensation the member would have earned had the member been a full-time employee.
(c)
(1)
This subsection applies to a member who is subject to Selection C (Combination formula).
(2)
A member’s contribution rate is as provided in § 23-212 of this article.
Md. Code Ann., State Pers. & Pens. § 22-215 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 2. Membership
§ 22–215LinkCopy Citation
(a)
Except as provided in subsection (b) of this section, regular interest is payable on member contributions at the rate of 4% a year compounded annually, until retirement or withdrawal of the accumulated contributions.
(b)
Except as provided in subsection (c) of this section, no further interest shall be paid on member contributions after membership ends if the former member is not eligible to receive a vested allowance under Title 29, Subtitle 3 of this article.
(c)
(1)
In this subsection, “active member” means a member who is not separated from employment with the State or a participating employer of one of the several systems.
(2)
This subsection applies only to an individual who:
(i)
is a former member of the Employees’ Retirement System or the Teachers’ Retirement System;
(ii)
is not eligible to receive a vested allowance from the Employees’ Retirement System or the Teachers’ Retirement System under Title 29, Subtitle 3 of this article;
(iii)
has not withdrawn the individual’s member contributions from the Employees’ Retirement System or the Teachers’ Retirement System; and
(iv)
is an active member of one of the several systems.
(3)
An individual described in paragraph (2) of this subsection shall receive regular interest at the rate described under subsection (a) of this section on the individual’s member contributions in a nonvested account in the Employees’ Retirement System or the Teachers’ Retirement System while the individual is an active member of one of the several systems.
Md. Code Ann., State Pers. & Pens. § 22-216 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 2. Membership
§ 22–216LinkCopy Citation
(a)
This section applies to an individual who is:
(1)
a member of the Teachers’ Retirement System;
(2)
an employee of the Baltimore City Board of School Commissioners or another county board of education; and
(3)
hired by a third party contractor to work in a school that is reconstituted by order of the Maryland State Board of Education.
(b)
An individual who is hired by a third party contractor may withdraw the member’s accumulated contributions, within the meaning of § 20-101(b) of this article, at any time while the individual is employed by the third party contractor to work in a school that is reconstituted by order of the Maryland State Board of Education.
(c)
An individual who is hired by a third party contractor and subsequently becomes employed by the Baltimore City Board of School Commissioners or another county board of education at any time while the order of reconstitution is in effect and on termination of the contract with the third party contractor:
(1)
is not subject to the provisions of § 22-217 of this subtitle;
(2)
shall be reinstated as a member of the Teachers’ Retirement System;
(3)
shall be entitled to restoration of any service credit to which the individual was entitled before employment by the third party contractor whether or not the individual was vested; and
(4)
shall redeposit any of the amounts withdrawn under subsection (b) of this section with regular interest to the date of redeposit or, on retirement, the individual’s retirement allowance shall be reduced by the actuarial equivalent of the accumulated contributions withdrawn with regular interest to the date of retirement.
(d)
Except as provided in subsection (e) of this section, at any time before retirement, an individual may purchase service credit for a period of employment by a third party contractor to work in a school that is reconstituted by order of the Maryland State Board of Education if the individual:
(1)
completes a claim for the service credit and files it with the Board of Trustees on a form that the Board of Trustees provides; and
(2)
pays to the Board of Trustees in a single payment the member contributions the individual would have made for the period of employment for which service credit is being purchased plus regular interest to the date of payment.
(e)
An individual may not purchase more than 5 years of service credit for the period of employment by a third party contractor to work in a school that is reconstituted by order of the Maryland State Board of Education.
Md. Code Ann., State Pers. & Pens. § 22-217 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 2. Membership
§ 22–217LinkCopy Citation
Membership ends if the member:
(1)
is separated from employment for more than:
(i)
4 years, if a member of the Employees’ Retirement System; or
(ii)
5 years, if a member of the Teachers’ Retirement System;
(2)
withdraws the member’s accumulated contributions;
(3)
transfers to the Employees’ Pension System or Teachers’ Pension System;
(4)
becomes a retiree; or
(5)
dies.
Md. Code Ann., State Pers. & Pens. § 22-219 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 2. Membership
§ 22–219LinkCopy Citation
(a)
This section applies only to a member who is subject to Selection A (Additional member contributions) on October 1, 1994.
(b)
A member who is subject to Selection A (Additional member contributions) shall:
(1)
receive an allowance for all creditable service as follows:
(i)
for normal service retirement as provided by § 22–401 of this title;
(ii)
for early service retirement as provided by § 22–402 of this title;
(iii)
for ordinary disability retirement as provided by § 29–106 of this article; and
(iv)
for accidental disability retirement as provided by § 29–110 of this article;
(2)
have the allowance adjusted as provided in §§ 29–401 through 29–403 of this article; and
(3)
make the member contributions at the rate specified by § 22–214(a) of this subtitle.
Md. Code Ann., State Pers. & Pens. § 22-220 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 2. Membership
§ 22–220LinkCopy Citation
(a)
This section applies only to a member who is subject to Selection B (Limited cost-of-living adjustment) on October 1, 1994.
(b)
A member who is subject to Selection B (Limited cost–of–living adjustment) shall:
(1)
receive an allowance for all creditable service as follows:
(i)
for normal service retirement as provided by § 22–401 of this title;
(ii)
for early service retirement as provided by § 22–402 of this title;
(iii)
for ordinary disability retirement as provided by § 29–106 of this article; and
(iv)
for accidental disability retirement as provided by § 29–110 of this article;
(2)
have the allowance adjusted as provided in §§ 29–401, 29–402, and 29–405 of this article; and
(3)
make the member contributions at the rate specified by § 22–214(b) of this subtitle.
Md. Code Ann., State Pers. & Pens. § 22-221 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 2. Membership
§ 22–221LinkCopy Citation
(a)
(1)
This section applies only to a member who is not subject to Selection A (Additional member contributions) or Selection B (Limited cost-of-living adjustment).
(2)
The effective date for application of this section is:
(i)
July 1, 1984, for a member employed by a participating employer on that day who had not elected Selection A (Additional member contributions) or Selection B (Limited cost-of-living adjustment);
(ii)
the date of return to employment by a participating employer for a member who returned to active employment and had not elected Selection A (Additional member contributions) or Selection B (Limited cost-of-living adjustment); or
(iii)
the date of election of Selection C (Combination formula) by a member who on or before December 31, 2004, had formerly elected Selection A (Additional member contributions) or Selection B (Limited cost-of-living adjustment).
(b)
For purposes of computing a member’s allowance under this section:
(1)
service credit, other than military service credit, received by an individual before the individual last became a member shall be treated as service credit as of the date the service was rendered; and
(2)
military service credit, received by a member in accordance with Title 38 of this article, shall be determined as of the date the Board of Trustees verifies the military service credit.
(c)
(1)
From the effective date for application of this section, a member shall receive an allowance as provided in this subsection.
(2)
For normal service retirement, the allowance is computed:
(i)
for creditable service before the effective date, as provided by § 22-401 of this title; and
(ii)
for creditable service on and after the effective date, as provided by § 23-401 of this article.
(3)
For early service retirement, the allowance is computed:
(i)
for creditable service before the effective date, as provided by § 22-402 of this title; and
(ii)
for creditable service on and after the effective date, as provided by § 23-402 of this article, except that the reduction under that section may not exceed 42% of the normal service retirement allowance based on the creditable service on or after the effective date.
(4)
For ordinary disability retirement, the allowance is computed on the greater of:
(i)
the allowance computed as provided by § 29-106 of this article; or
(ii)
the allowance computed as provided by § 29-108 of this article.
(5)
For accidental disability retirement the allowance is computed as provided by § 29-110 of this article.
(6)
For determining the average final compensation of a member who was employed on a part time basis, the average final compensation is computed:
(i)
for employment before the effective date, as provided in § 20-204 of this article; and
(ii)
for employment on and after the effective date, as provided in § 20-205 of this article.
(d)
A member who is subject to this section and who at the time of retirement is entitled to service credit for unused sick leave under § 20-206 of this article shall have the total amount of unused sick leave credit apportioned in the same ratio that the member’s creditable service is apportioned for computation of the allowance under subsection (c) of this section.
(e)
A member who retires on or after the effective date for application of this section shall have the allowance adjusted as provided in §§ 29–401, 29–402, and 29–407 of this article.
(f)
For creditable service received on and after the effective date for application of this section, the rate of member contributions is that provided by § 23-212 of this article.
Subtitle 3. Service Credit
Md. Code Ann., State Pers. & Pens. § 22-301 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 3. Service Credit
§ 22–301LinkCopy Citation
A member of the Employees’ Retirement System or Teachers’ Retirement System is entitled to:
(1)
eligibility service as provided in §§ 22-303 through 22-307 of this subtitle; and
(2)
creditable service as provided in § 22-308 of this subtitle.
Md. Code Ann., State Pers. & Pens. § 22-302 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 3. Service Credit
§ 22–302LinkCopy Citation
(a)
Subject to subsections (b) through (d) of this section, the Board of Trustees shall adopt regulations that specify the period of employment in a year that is equal to 1 year of service credit.
(b)
The Board of Trustees may not allow more than 1 year of service credit for a calendar year.
(c)
Except as provided in subsection (d) of this section or § 22-304(c)(2) of this subtitle, a member is entitled to receive:
(1)
1 year of service credit for:
(i)
employment for the normal working time in a year for the member’s position; or
(ii)
regular part-time employment for a calendar year; and
(2)
1 month of service credit for employment for a month or a part of a month if a member contribution is made in the month.
(d)
(1)
Except as otherwise provided in this subsection, a member of the Employees’ Retirement System who is an elected or appointed official is entitled to receive 1 year of service credit for each 12-month period during which the member holds the office.
(2)
Except for an official of a participating governmental unit, an appointed official who is appointed on or after July 1, 1979, is not entitled to receive service credit if the normal working time for the position is less than 130 days per year.
(3)
An elected or appointed official who purchases service credit under § 22-307 of this subtitle, is entitled to receive 1 year of service credit for a part of a year of employment if the part of the year is at least equal to the number of days of the regular session of the General Assembly for the year for which the service credit is requested.
Md. Code Ann., State Pers. & Pens. § 22-303 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 3. Service Credit
§ 22–303LinkCopy Citation
Eligibility service for a member of the Employees’ Retirement System or the Teachers’ Retirement System consists of service credit:
(1)
for employment as a member;
(2)
transferred from a retirement or pension system under Title 37 of this article or Title 31, Subtitle 1 of this article;
(3)
for military service, as provided in Title 38 of this article;
(4)
purchased under this subtitle; and
(5)
that equals, for a member who has transferred between the Employees’ Retirement System and the Teachers’ Retirement System, the member’s eligibility service recognized under the previous system through the date before the member became a member of the current system.
Md. Code Ann., State Pers. & Pens. § 22-303.1 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 3. Service Credit
§ 22–303.1LinkCopy Citation
(a)
Except as provided in subsection (b) of this section, a member may not purchase service credit under this title if the member is separated from employment.
(b)
A member who is separated from employment may purchase service credit under this title for a leave of absence approved by the Board of Trustees under regulations that apply to all members, if the member purchases the service credit within 60 days after the expiration of the leave of absence.
Md. Code Ann., State Pers. & Pens. § 22-304 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 3. Service Credit
§ 22–304LinkCopy Citation
(a)
A member may purchase service credit as provided in subsection (b) of this section for periods of employment described in subsection (c) or (d) of this section for which the member is not otherwise entitled to service credit.
(b)
(1)
A member who purchases service credit under this section shall:
(i)
complete a claim for the service credit and file it with the Board of Trustees on a form that the Board of Trustees provides; and
(ii)
pay to the Board of Trustees in a single payment the member contributions the member would have made for the period of employment for which service credit is being purchased plus regular interest to the date of payment.
(2)
A member may pay for service credit purchased under this section at any time before retirement.
(c)
(1)
A member of the Employees’ Retirement System may purchase service credit for a period of employment:
(i)
by the State or a participating governmental unit;
(ii)
as a member of the State Police Retirement System for which the member was not vested in that State system;
(iii)
when the member was on an employer-approved leave of absence not exceeding 2 years that has qualified for purchase under regulations adopted by the Board of Trustees;
(iv)
by the Department of Legislative Services, the Office of the Attorney General, or as secretary to the Speaker of the House of Delegates or as secretary to the President of the Senate during a session of the General Assembly;
(v)
by a member of the Senate or House of Delegates or the Office of the Secretary of the Senate or the Chief Clerk of the House of Delegates;
(vi)
as a member of the Employees’ Retirement System or the Teachers’ Retirement System for which the member had withdrawn the member’s accumulated contributions after a prior termination of membership; or
(vii)
when membership was mandatory but for which member contributions were not made.
(2)
For service credit purchased under:
(i)
paragraph (1)(iv) of this subsection, a year or part of a year of employment equals 1 year of service credit; and
(ii)
paragraph (1)(v) of this subsection, employment for at least 130 days per year as a legislative employee equals 1 year of service credit.
(d)
A member of the Teachers’ Retirement System may purchase service credit for periods of employment:
(1)
during which a member held an emergency teaching certificate;
(2)
as a member of the State Police Retirement System for which the member was not vested in that State system;
(3)
when membership was mandatory but for which member contributions were not made;
(4)
when the member was on an employer-approved leave of absence not exceeding 2 years that has qualified for purchase under regulations adopted by the Board of Trustees;
(5)
as a member of the Employees’ Retirement System or the Teachers’ Retirement System for which the member had withdrawn the member’s accumulated contributions after a prior termination of membership; or
(6)
by the State or a participating governmental unit on a permanent basis.
Md. Code Ann., State Pers. & Pens. § 22-305 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 3. Service Credit
§ 22–305LinkCopy Citation
(a)
A member may purchase service credit as provided in this section for periods of employment described in subsection (c) or (d) of this section for which the member is not otherwise entitled to service credit.
(b)
(1)
A member who purchases service credit under this section shall:
(i)
complete a claim for the service credit and file it with the Board of Trustees on a form that the Board of Trustees provides; and
(ii)
pay to the Board of Trustees an amount equal to the annuity reserve and pension reserve required to fund the additional allowance.
(2)
Except as provided in paragraphs (3) and (4) of this subsection, the member shall pay for service credit purchased under this section at retirement.
(3)
The surviving spouse of a member of the Teachers’ Retirement System may pay for the appropriate final adjustment under paragraph (3) of this subsection if:
(i)
the member dies while employed as a member;
(ii)
the member was purchasing service credit through a payroll deduction; and
(iii)
the service credit qualifies for benefits under § 29-205 of this article.
(c)
A member of the Employees’ Retirement System may purchase service credit for a period of employment:
(1)
not exceeding 10 years of out-of-state public school teaching service;
(2)
not exceeding 10 years for public or nonpublic school teaching service;
(3)
not exceeding 5 years for postsecondary school teaching service;
(4)
not exceeding 10 years of federal service or out-of-state service with a political subdivision; or
(5)
as an employee of a political subdivision of the State if:
(i)
the member is not otherwise entitled to receive service credit for the same period under this Division II;
(ii)
the member is not receiving retirement benefits from a political subdivision of the State for the same period; and
(iii)
the member, the political subdivision, or both, pay the amount required under subsection (b)(1) of this section.
(d)
A member of the Teachers’ Retirement System may purchase service credit for a period of employment:
(1)
not exceeding 10 years of out-of-state public school teaching service;
(2)
not exceeding 10 years of public or nonpublic school teaching service;
(3)
not exceeding 5 years of postsecondary school teaching service;
(4)
on or before December 31, 1970, with Baltimore City as a teacher on a verified leave of absence not exceeding 2 years that is similar in all respects to leaves of absence approved by the Board of Trustees;
(5)
not exceeding 10 years of federal or out-of-state municipal service; or
(6)
employment as an employee of a municipal corporation of the State if the member is not otherwise entitled to receive service credit under this Division II.
Md. Code Ann., State Pers. & Pens. § 22-305.1 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 3. Service Credit
§ 22–305.1LinkCopy Citation
(a)
This section applies only to a member of the Employees’ Retirement System who:
(1)
was an employee of the State prior to November 1, 1996;
(2)
as of November 1, 1996, was employed by a private vendor to provide child support enforcement services in Baltimore City; and
(3)
resumed employment with the State as of November 1, 2002.
(b)
(1)
A member described in subsection (a) of this section is entitled to receive service credit for the time the member was employed by a private vendor to provide child support enforcement services in Baltimore City prior to October 31, 2002.
(2)
Prior to the member’s date of retirement, and subject to paragraph (3) of this subsection, a member who receives service credit under this subsection shall deposit in the annuity savings fund or other corresponding fund an amount of money equal to the contribution payments that the member would have paid had the member been a State employee, including regular interest on the contributions at the rate of 4% per year compounded annually.
(3)
On retirement, the member’s retirement allowance shall be reduced by the actuarial equivalent of the amount determined under paragraph (2) of this subsection if the member elects not to deposit this amount in the annuity savings or other corresponding fund.
Md. Code Ann., State Pers. & Pens. § 22-306 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 3. Service Credit
§ 22–306LinkCopy Citation
(a)
An elected or appointed official who elected to become a member of the Employees’ Retirement System may receive service credit for previous service as an official with the State or a participating governmental unit including service as an official before the establishment of the Employees’ Retirement System.
(b)
To receive service credit for previous service, an elected or appointed official shall complete a claim for the service credit and file it with the Board of Trustees on a form the Board of Trustees provides.
(c)
(1)
On receiving a claim for service credit for service as an official with a participating governmental unit, the Board of Trustees shall:
(i)
verify the previous service and the amount of service credit to which the member is entitled;
(ii)
compute the amount due from the participating governmental unit because of the claim; and
(iii)
submit a statement to the participating governmental unit for that amount.
(2)
The computation made under paragraph (1)(ii) of this subsection shall be based on the compensation actually received by the official from the participating governmental unit during the period for which service credit is to be granted.
(3)
A participating governmental unit that receives a statement from the Board of Trustees shall pay the amount immediately to the Board of Trustees or place it in the next budget for prompt payment when that budget becomes effective.
(d)
On receiving a claim for service credit for service as an official with the State, the Board of Trustees shall:
(1)
compute the amount due from the State; and
(2)
include in the State budget for the next fiscal year an appropriation for the amount due from the State.
(e)
(1)
An official who receives service credit under this section:
(i)
shall pay to the Board of Trustees in a single payment, within the period determined by the Board of Trustees, the member contributions, plus regular interest, that the official would have paid had the official been a member of the Employees’ Retirement System; or
(ii)
subject to paragraph (2) of this subsection, may waive the payment of any part of the member contributions plus regular interest.
(2)
If an official who receives credit under this section waives payment of any contributions or interest, the Board of Trustees shall reduce the official’s allowance by the actuarial equivalent of those contributions, plus interest to the date of retirement, that the official had not paid.
Md. Code Ann., State Pers. & Pens. § 22-307 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 3. Service Credit
§ 22–307LinkCopy Citation
A member of the Employees’ Retirement System who had served as an elected or appointed official of the State or a participating governmental unit may receive service credit for the previous service as an official including service before the establishment of the Employees’ Retirement System, if the member makes a single payment, within the period determined by the Board of Trustees, of the member contributions, plus interest, that the Board of Trustees considers appropriate.
Md. Code Ann., State Pers. & Pens. § 22-308 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 3. Service Credit
§ 22–308LinkCopy Citation
(a)
Creditable service on which the allowance of a member is based consists of:
(1)
eligibility service, except as provided in subsection (b) of this section; and
(2)
credit for unused sick leave as provided in § 20-206 of this article.
(b)
(1)
Except as provided in paragraph (2) of this subsection, a member’s creditable service for a period of regular part-time employment equals the member’s actual employment during that period.
(2)
Subject to paragraph (3) of this subsection, a member’s creditable service for a period of regular part-time employment equals the member’s eligibility service for that period if:
(i)
the medical board determines that the member’s part-time employment is a result of a medically determined disability that prevents full-time work; and
(ii)
the member then elects to make the contributions for full-time employment required by § 22-214 of this title.
(3)
Except to the extent that a disability was aggravated after a member’s enrollment, paragraph (2) of this subsection does not apply to a disability incurred before a member’s enrollment.
Subtitle 4. Service Retirement Benefits
Md. Code Ann., State Pers. & Pens. § 22-401 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 4. Service Retirement Benefits
§ 22–401LinkCopy Citation
(a)
A member may retire with a normal service retirement allowance if:
(1)
on or before the date of retirement, the member:
(i)
has at least 30 years of eligibility service; or
(ii)
is at least 60 years old; and
(2)
the member completes and submits a written application to the Board of Trustees stating the date when the member desires to retire.
(b)
(1)
Except as provided in paragraph (2) of this subsection, on retirement under this section, a member is entitled to receive a normal service retirement allowance that equals one fifty–fifth of the member’s average final compensation multiplied by the number of years of creditable service.
(2)
On retirement under this section, if a member’s annuity is greater than the member’s normal service retirement allowance calculated under paragraph (1) of this subsection, the member’s normal service retirement allowance shall equal the member’s annuity.
Md. Code Ann., State Pers. & Pens. § 22-402 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 4. Service Retirement Benefits
§ 22–402LinkCopy Citation
(a)
A member may retire with an early service retirement allowance if:
(1)
on or before the date of retirement, the member:
(i)
has at least 25 but less than 30 years of eligibility service; and
(ii)
is less than 60 years old; and
(2)
the member completes and submits a written application to the Board of Trustees stating the date when the member desires to retire.
(b)
On retirement under this section, a member is entitled to an early service retirement allowance that equals one fifty-fifth of the member's average final compensation multiplied by the number of years of creditable service reduced by 0.5% for each month by which the member's date of retirement precedes the earlier of:
(1)
the date the member will be 60 years old; or
(2)
the date the member would have completed 30 years of eligibility service had the member continued employment.
Md. Code Ann., State Pers. & Pens. § 22-403 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 4. Service Retirement Benefits
§ 22–403LinkCopy Citation
(a)
This section applies to a former member who:
(1)
was eligible for a retirement allowance under § 22-401 or § 22-402 of this subtitle when the former member's membership terminated;
(2)
did not submit a written application under § 22-401 or § 22-402 of this subtitle before membership terminated; and
(3)
has not withdrawn accumulated contributions.
(b)
(1)
A former member described in subsection (a) of this section may retire with a retirement allowance under § 22-401 or § 22-402 of this subtitle on the first day of the month after the Board of Trustees receives a written application for retirement from the former member.
(2)
A former member who retires under this section may not receive benefits for the period before the former member submitted a completed application for retirement to the Board of Trustees.
Md. Code Ann., State Pers. & Pens. § 22-404 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 4. Service Retirement Benefits
§ 22–404LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Appointed official” means an individual appointed to a public office of the State who meets the legal criteria for an appointed official as determined by the Attorney General.
(3)
“Unclassified service of the State” means the unclassified service in the State Personnel Management System or a comparable position in an independent personnel system of a participating employer.
(b)
The Board of Trustees shall pay a member of the Employees’ Retirement System who qualifies under subsection (c) of this section a pension equal to an ordinary disability pension, regardless of age, if the member:
(1)
has at least 16 years of creditable service; and
(2)
elects to have the member’s accumulated contributions paid as an annuity of equivalent actuarial value instead of withdrawing the accumulated contributions.
(c)
A member qualifies for a pension under subsection (b) of this section if the member:
(1)
(i)
is an elected or appointed official of the State at the time of application for retirement; and
(ii)
was initially an elected or appointed official of the State before July 22, 1981;
(2)
(i)
is an elected or appointed official of the State when separating from employment;
(ii)
was initially an elected or appointed official of the State during the period from July 22, 1981, through June 30, 1982, both inclusive; and
(iii)
separated from employment involuntarily as certified by the Secretary of Budget and Management;
(3)
(i)
was promoted to a position in the unclassified service of the State on or before June 30, 1982;
(ii)
has been in the unclassified service or its equivalent in the State continuously from June 30, 1982, until separating from employment; and
(iii)
separated from employment involuntarily as certified by the Secretary of Budget and Management; or
(4)
(i)
is a deputy clerk of the court at the time of application for retirement; and
(ii)
was initially a deputy clerk of the court before July 22, 1981.
(d)
(1)
This subsection applies to a retiree who:
(i)
retires as an elected or appointed official under this section; and
(ii)
is appointed or elected to an office for which the State pays compensation.
(2)
On the appointment or election of a retiree described in paragraph (1) of this subsection:
(i)
the retiree's retirement allowance shall stop;
(ii)
the retiree may rejoin the Employees' Retirement System;
(iii)
the retiree shall make member contributions at the same rate the retiree paid before retirement; and
(iv)
the Board of Trustees shall restore any creditable service or eligibility service to the retiree’s credit at the time of retirement.
(3)
Subject to paragraph (4) of this subsection, on subsequent retirement of a retiree described in paragraph (1) of this subsection, the Board of Trustees shall credit the retiree with all of the retiree’s creditable service and eligibility service as a member.
(4)
The pension, on subsequent retirement, may not exceed the sum of:
(i)
the pension the retiree was receiving during the previous retirement; and
(ii)
the pension that has accrued on account of employment as a member after the previous retirement.
Md. Code Ann., State Pers. & Pens. § 22-405 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 4. Service Retirement Benefits
§ 22–405LinkCopy Citation
(a)
Subject to subsection (d) of this section, if a Governor serves for at least:
(1)
one full term, the Governor is entitled to receive a retirement allowance equal to one–third of the annual salary received by the current Governor in office; or
(2)
two full terms, the Governor is entitled to receive a retirement allowance equal to one–half of the annual salary received by the current Governor in office.
(b)
The Board of Trustees shall suspend a retirement allowance received under this section during any period when the former Governor is employed by a unit of State government.
(c)
Except as provided in subsection (d) of this section, a Governor may not receive a retirement allowance under this section until the Governor is at least 62 years old.
(d)
(1)
A Governor who leaves office because of physical or mental disability, under Article II, Section 6(c) of the Maryland Constitution, shall immediately receive a disability retirement allowance equal to the amount the Governor would have received had the Governor completed the current term and become 62 years old.
(2)
If the physical or mental disability ends before the former Governor becomes 62 years old, the Board of Trustees shall stop the disability retirement allowance, but the former Governor shall receive the normal retirement allowance at age 62 if otherwise qualified.
(e)
On the death of a former Governor, the surviving spouse of the former Governor shall receive an allowance that is equal to one–half of the former Governor’s retirement allowance.
(f)
On the death of a Governor while in office, the deceased Governor’s surviving spouse shall receive one–half of the retirement allowance that the deceased Governor would have been entitled to receive had the deceased Governor completed the current term and become 62 years old.
Md. Code Ann., State Pers. & Pens. § 22-406 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 4. Service Retirement Benefits
§ 22–406LinkCopy Citation
(a)
In this section, “area of critical shortage” means an academic field identified by the State Department of Education in accordance with the provisions of § 18–703(g)(1) of the Education Article as having projected employment vacancies that substantially exceed projected qualified graduates.
(b)
Except as provided in subsection (d) of this section, an individual who is receiving a service retirement allowance or vested allowance may accept employment with a participating employer on a permanent, temporary, or contractual basis, if:
(1)
the individual immediately notifies the Board of Trustees of the individual’s intention to accept this employment; and
(2)
the individual specifies the compensation to be received.
(c)
(1)
Except as provided in § 22–407 of this subtitle, the Board of Trustees shall reduce the allowance of an individual who accepts employment as provided under subsection (b) of this section if:
(i)
the individual’s current employer is a participating employer other than the State and is the same participating employer that employed the individual at the time of the individual’s last separation from employment with a participating employer before the individual commenced receiving a service retirement allowance or vested allowance;
(ii)
(1)
the individual’s current employer is any unit of State government; and
(2)
the individual’s employer at the time of the individual’s last separation from employment with the State before the individual commenced receiving a service retirement allowance or vested allowance was also a unit of State government; or
(iii)
the individual becomes reemployed within 12 months of receiving an early service retirement allowance under § 22–402 of this subtitle.
(2)
(i)
Except as provided in subparagraph (ii) of this paragraph and subject to subparagraphs (iii) and (iv) of this paragraph, the reduction required under paragraph (1) of this subsection shall equal:
(1)
the amount by which the sum of the individual’s initial annual basic allowance and the individual’s annual compensation exceeds the average final compensation used to compute the basic allowance; or
(2)
for a retiree who retired under the Workforce Reduction Act (Chapter 353 of the Acts of 1996), the amount by which the sum of the retiree’s annual compensation and the retiree’s annual basic allowance at the time of retirement, including the incentive provided by the Workforce Reduction Act, exceeds the average final compensation used to compute the basic allowance.
(ii)
(1)
This subparagraph applies to a retiree of the Teachers’ Retirement System who as faculty received a 10–month salary and retired directly from:
(A)
the University System of Maryland;
(B)
Morgan State University;
(C)
St. Mary’s College; or
(D)
a community college established or operating under Title 16 of the Education Article.
(2)
The reduction required under paragraph (1) of this subsection shall equal the amount by which the sum of the retiree’s initial annual basic allowance and the retiree’s annual compensation, as calculated in subsubparagraph 3 of this subparagraph, exceeds the average final compensation of the retiree used to compute the basic allowance.
(3)
The calculation of the retiree’s annual compensation in subsubparagraph 2 of this subparagraph does not include any of the following earnings the retiree received during the previous calendar year from the employer with whom the retiree is reemployed:
(A)
bonuses;
(B)
overtime;
(C)
summer school salaries;
(D)
adult education salary;
(E)
additional temporary payments from special research projects;
(F)
honorariums; and
(G)
vehicle stipends.
(iii)
Any reduction taken under this subsection may not reduce the retiree’s allowance to an amount less than the required deduction for:
(1)
if the retiree retired from any unit of State government, the retiree’s monthly State–approved medical insurance premiums; or
(2)
if the retiree retired from a participating employer other than the State, the approved monthly medical insurance premiums required by the participating employer that employed the retiree at the time of the retiree’s retirement.
(iv)
The Board of Trustees shall recover from the retiree any difference between the reduction required under subparagraph (i) of this paragraph and the reduction taken under subparagraph (iii) of this paragraph.
(3)
A reduction of an early service retirement allowance under paragraph (1)(iii) of this subsection shall be applied only until the individual has received an allowance for 12 months.
(4)
Except for an individual whose allowance is subject to a reduction as provided under paragraphs (1)(iii) and (3) of this subsection, the reduction of an allowance under this subsection does not apply to:
(i)
an individual who has been retired for 5 years, beginning on January 1 after the date the individual retires;
(ii)
an individual whose average final compensation was less than the minimum annual salary on the standard State pay scale as of January 1 of the preceding calendar year and who is reemployed on a permanent, temporary, or contractual basis;
(iii)
an individual who is serving in an elected position as an official of a participating governmental unit or as a constitutional officer for a county that is a participating governmental unit;
(iv)
a retiree of the Teachers’ Retirement System:
(1)
who retired and was reemployed by a participating employer other than the State on or before September 30, 1994; and
(2)
whose employment compensation does not derive, in whole or in part, from State funds;
(v)
a retiree of the Teachers’ Retirement System who:
(1)
is or has been certified to teach in the State;
(2)
has verification of satisfactory or better performance in the last assignment prior to retirement;
(3)
based on the retired teacher’s qualifications, has been appointed in accordance with § 4–103 of the Education Article; and
(4)
receives verification of satisfactory or better performance each year the teacher is employed under paragraph (5) of this subsection;
(vi)
a retiree of the Teachers’ Retirement System who:
(1)
(A)
was employed as a principal within 5 years of retirement; or
(B)
was employed as a principal not more than 10 years before retirement and was employed in a position supervising principals in the retiree’s last assignment prior to retirement;
(2)
has verification of satisfactory performance for each year as a principal and, if applicable, in a position supervising principals prior to retirement;
(3)
based on the retiree’s qualifications, has been hired as a principal; and
(4)
receives verification of satisfactory performance each year the retiree is employed as a principal under paragraph (6) of this subsection;
(vii)
a former employee of the Domestic Relations Division of Anne Arundel County Circuit Court who transfers into the State Employees’ Personnel System under § 2–510 of the Courts Article;
(viii)
a retiree of the Employees’ Retirement System who is reemployed on a contractual basis by the Maryland Department of Health as a health care practitioner, as defined in § 1–301 of the Health Occupations Article, in:
(1)
a State residential center as defined in § 7–101 of the Health – General Article;
(2)
a chronic disease center subject to Title 19, Subtitle 5 of the Health – General Article;
(3)
a State facility as defined in § 10–101 of the Health – General Article; or
(4)
a local health department subject to Title 3, Subtitle 2 of the Health – General Article;
(ix)
a retiree of the Employees’ Retirement System and the Judges’ Retirement System who is temporarily assigned to sit in a court of this State under the authority of Article IV, § 3A of the Maryland Constitution;
(x)
a retiree of the Employees’ Retirement System who is reemployed on a contractual basis for not more than 4 years as a parole and probation employee in a position authorized under Title 6, Subtitle 1 of the Correctional Services Article; or
(xi)
a retiree of the Teachers’ Retirement System who is reemployed by a local school system or the Maryland School for the Deaf and is rehired in accordance with paragraph (8) of this subsection.
(5)
(i)
An individual who is rehired under paragraph (4)(v) of this subsection shall be employed as a classroom teacher, substitute classroom teacher, or teacher mentor in:
(1)
a public school that:
(A)
is a school in need of improvement as defined under the federal Elementary and Secondary Education Act and as implemented by the State Department of Education;
(B)
is receiving funds under Title 1 of the federal Elementary and Secondary Education Act;
(C)
has more than 50% of the students attending that school who are eligible for free and reduced–price meals established by the United States Department of Agriculture; or
(D)
provides an alternative education program for adjudicated youths or students who have been expelled, suspended, or identified for suspension or expulsion from a public school; or
(2)
the Maryland School for the Deaf.
(ii)
An individual rehired at a school described under subparagraph (i) of this paragraph shall teach:
(1)
in an area of critical shortage;
(2)
a special education class for students with special needs; or
(3)
a class for students with limited English proficiency.
(6)
An individual who is rehired under paragraph (4)(vi) of this subsection shall be employed as a principal at:
(i)
a public school that:
(1)
is a school in need of improvement as defined under the federal Elementary and Secondary Education Act and as implemented by the State Department of Education;
(2)
is receiving funds under Title 1 of the federal Elementary and Secondary Education Act;
(3)
has more than 50% of the students attending that school who are eligible for free and reduced–price meals established by the United States Department of Agriculture; or
(4)
provides an alternative education program for adjudicated youths or students who have been expelled, suspended, or identified for suspension or expulsion from a public school; or
(ii)
the Maryland School for the Deaf.
(7)
An individual who is reemployed under paragraph (4)(v) or (vi) of this subsection at a school described under paragraph (5) or (6) of this subsection may not continue that reemployment for more than 5 consecutive years.
(8)
(i)
In addition to any individuals rehired in accordance with paragraph (5) of this subsection, and subject to subparagraph (ii) of this paragraph, each superintendent of a local school system and the superintendent of the Maryland School for the Deaf may rehire a maximum of five individuals who are retirees of the Teachers’ Retirement System in any position in the superintendent’s local school system or the Maryland School for the Deaf.
(ii)
The number of individuals rehired under subparagraph (i) of this paragraph for each local school system or the Maryland School for the Deaf may not exceed a total of five retirees at any one time when added to the number of individuals rehired under § 23–407(c)(8)(i) of this article for that same local school system or the Maryland School for the Deaf.
(9)
(i)
The superintendent of the local school system or the superintendent of the Maryland School for the Deaf rehiring an individual under paragraph (4)(v) or (vi) of this subsection shall:
(1)
approve the rehiring of that individual; and
(2)
determine the school where the individual is to be reemployed.
(ii)
Within 30 days after rehiring an individual under paragraph (4)(v) or (vi) of this subsection, the superintendent of a local school system or the superintendent of the Maryland School for the Deaf shall complete and file with the Board of Trustees and the State Department of Education a form provided by the Board of Trustees that certifies that the individual rehired by the local school system or the Maryland School for the Deaf under paragraph (4)(v) or (vi) of this subsection:
(1)
satisfied the criteria provided in paragraph (4)(v) or (vi) of this subsection;
(2)
was reemployed at a school described under paragraph (5)(i) or (6) of this subsection; and
(3)
if rehired under paragraph (4)(v) of this subsection, was teaching in an area specified in paragraph (5)(ii) of this subsection.
(iii)
Within 30 days after rehiring an individual under paragraph (8) of this subsection, the superintendent of a local school system or the superintendent of the Maryland School for the Deaf shall complete and file with the Board of Trustees and the State Department of Education a form provided by the Board of Trustees that certifies that the individual rehired by the local school system or the Maryland School for the Deaf under paragraph (8) of this subsection satisfied the criteria provided in paragraph (8) of this subsection.
(iv)
(1)
On or before April 1 of each year, the Board of Trustees and the State Department of Education shall jointly review any forms filed by a superintendent of a local school system or the superintendent of the Maryland School for the Deaf under subparagraph (ii) of this paragraph during the previous calendar year.
(2)
If the Board of Trustees and the State Department of Education agree that a superintendent of a local school system or the Maryland School for the Deaf has rehired an individual that does not satisfy the criteria provided in paragraphs (4)(v) and (5), paragraphs (4)(vi) and (6), or paragraph (8) of this subsection:
(A)
on or before July 1 of the year of the finding, the Board of Trustees shall notify the superintendent of the local school system or the Maryland School for the Deaf of this individual; and
(B)
the local school system or the Maryland School for the Deaf shall reimburse the Board of Trustees the amount equal to the reduction to the individual’s retirement allowance that would have been made in paragraph (2) of this subsection.
(v)
If a superintendent of a local school system or the superintendent of the Maryland School for the Deaf rehires an individual that satisfies the criteria provided in paragraphs (4)(v) or (vi) and (5), (6), or (8) of this subsection and the Board of Trustees and the State Department of Education do not receive certification from the superintendent in the time required under subparagraph (ii) of this paragraph:
(1)
on or before July 1 of the year of the finding, the Board of Trustees shall notify the superintendent of the local school system or the superintendent of the Maryland School for the Deaf of this individual; and
(2)
the local school system or the Maryland School for the Deaf shall pay the Board of Trustees $50 for each month the superintendent fails to submit the certification under subparagraph (ii) of this paragraph in the time required, not to exceed a total of $1,000 for each individual whose certification is not submitted in the time required.
(vi)
The local school system or the Maryland School for the Deaf shall make the reimbursement on or before December 31 of the year the local school system or the Maryland School for the Deaf receives notice from the Board of Trustees under subparagraph (iv)2A of this paragraph.
(10)
On or before August 1 of each year, the local superintendent and the superintendent of the Maryland School for the Deaf shall report to the State Department of Education for the previous school year:
(i)
the number of individuals rehired under paragraph (4)(v) or (vi) or (8) of this subsection;
(ii)
(1)
the school and school system where each individual was rehired; and
(2)
whether the school:
(A)
was a school in need of improvement as defined under the federal Elementary and Secondary Education Act and as implemented by the State Department of Education;
(B)
was receiving funds under Title 1 of the federal Elementary and Secondary Education Act;
(C)
has more than 50% of the students attending that school who are eligible for free and reduced–price meals established by the United States Department of Agriculture; or
(D)
provided an alternative education program for adjudicated youths or students who have been expelled, suspended, or identified for suspension or expulsion from a public school;
(iii)
the original date of rehire for each individual;
(iv)
the subject matter taught by each individual;
(v)
if hired under paragraph (8) of this subsection, the position title of each individual;
(vi)
the annual salary of each individual; and
(vii)
the percentage of student population composed of children in poverty that is required to be present in a school in that school system in order for that school to qualify as a Title 1 school.
(d)
An individual who is receiving a service retirement allowance under this title may not be employed within 45 days of the date the individual retired, on a permanent, temporary, or contractual basis, by:
(1)
the State or other participating employer; or
(2)
a withdrawn participating governmental unit, if the retiree was an employee of the withdrawn participating governmental unit while the withdrawn governmental unit was a participating employer.
(e)
An individual who is receiving a service retirement allowance or a vested allowance and who is reemployed by a participating employer may not receive creditable service or eligibility service during the period of reemployment.
(f)
The individual’s compensation during the period of reemployment may not be subject to the employer pickup provisions of § 21–303 of this article or any reduction or deduction as a member contribution for pension or retirement purposes.
(g)
The State Retirement Agency shall institute appropriate reporting procedures with the affected payroll systems to ensure compliance with this section.
(h)
(1)
Immediately on the employment of any individual receiving a service retirement allowance or a vested allowance, a participating employer shall notify the State Retirement Agency of the type of employment and the anticipated earnings of the individual.
(2)
At least once each year, in a format specified by the State Retirement Agency, each participating employer shall provide the State Retirement Agency with a list of all employees included on any payroll of the employer, the Social Security numbers of the employees, and their earnings for that year.
(i)
The State Department of Education shall adopt regulations to carry out this section.
(j)
At the request of the State Retirement Agency:
(1)
a participating employer shall certify to the State Retirement Agency that it is not the same participating employer that employed an individual at the time of the individual’s last separation from employment before the individual commenced receiving a service retirement allowance or a vested allowance; or
(2)
a unit of State government shall certify to the State Retirement Agency that the individual was not employed by any unit of State government at the time of the individual’s last separation from employment before the individual commenced receiving a service retirement allowance or a vested allowance.
(k)
The Maryland Department of Health shall notify the State Retirement Agency of any retirees who qualify under subsection (c)(4)(viii) of this section.
(l)
On or before September 1 of each year, the Secretary of Health shall submit a report in accordance with § 2–1257 of the State Government Article to the Joint Committee on Pensions that provides:
(1)
the number of rehired retirees under subsection (c)(4)(viii) of this section;
(2)
the annual salary of each rehired retiree at the time of retirement and the current annual salary of each rehired retiree;
(3)
the number of health care practitioners hired who are not retirees; and
(4)
the annual salary of each health care practitioner who is hired.
(m)
On or before October 1 of each year, the State Superintendent of Schools shall submit a report for the previous school year, to the Joint Committee on Pensions, in accordance with § 2–1257 of the State Government Article, that provides:
(1)
(i)
the number of rehired retirees under subsection (c)(4)(v) and (vi) and (8) of this section;
(ii)
(1)
the school and school system where each retiree was rehired; and
(2)
whether the school:
(A)
was not making adequate yearly progress or was a school in need of improvement as defined under the federal Elementary and Secondary Education Act and as implemented by the State Department of Education;
(B)
was receiving funds under Title 1 of the federal Elementary and Secondary Education Act;
(C)
has more than 50% of the students attending that school who are eligible for free and reduced–price meals established by the United States Department of Agriculture; or
(D)
provided an alternative education program for adjudicated youths or students who have been expelled, suspended, or identified for suspension or expulsion from a public school;
(iii)
a copy of the annual staffing report generated by the State Superintendent of Schools in accordance with § 18–703(g)(1) of the Education Article certifying areas of critical shortage for the previous school year as evidenced by projected employment vacancies substantially exceeding projected qualified graduates;
(iv)
the subject matter that each rehired retiree was teaching;
(v)
the salary of each rehired retiree;
(vi)
the total number of years each retiree has been reemployed at the school where the retiree was rehired for the previous school year; and
(vii)
the percentage of student population composed of children in poverty that is required to be present in a school in that school system in order for that school to qualify as a Title 1 school; and
(2)
the number of retirees rehired under subsection (c)(8) of this section.
(n)
On or before September 1 of each year, the Secretary of Public Safety and Correctional Services shall submit a report in accordance with § 2–1257 of the State Government Article to the Joint Committee on Pensions that provides:
(1)
the number of rehired retirees under subsection (c)(4)(x) of this section;
(2)
the annual salary of each rehired retiree at the time of retirement and the current annual salary of each rehired retiree;
(3)
the number of parole and probation employees hired who are not retirees; and
(4)
the annual salary of each parole and probation employee who is hired.
Md. Code Ann., State Pers. & Pens. § 22-406.1 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 4. Service Retirement Benefits
§ 22–406.1LinkCopy Citation
(a)
Notwithstanding § 22-406 of this subtitle and Chapter 703 of the Acts of 1994, if a retiree of the Employees’ Retirement System who had an average final compensation of less than $10,000, retired from an elected position as an official of a participating governmental unit, retired with a service retirement allowance before July 1, 1994, has been reemployed in a permanent position as a State employee and would otherwise have been entitled to be restored to membership in the Employees’ Retirement System except for the enactment of Chapter 703, the Board of Trustees shall, at the option of the retiree:
(1)
restore the membership of the reemployed retiree;
(2)
stop retirement allowance payments after the last day of the month that membership is restored;
(3)
restore previous creditable service and eligibility service to the account of the member; and
(4)
on payment of the amounts required under subsection (b) of this section, credit the member with creditable service and eligibility service performed beginning the date of reemployment.
(b)
On restoration of membership, the member shall reimburse the employees’ retirement system for the retirement allowance payments made from the date of reemployment and shall pay the amount of member contributions the member would have made from the date of reemployment plus regular interest to the date of payment.
(c)
If the member later retires or dies while employed by a participating employer, the Board of Trustees shall reduce the member’s annuity reserve and pension reserve by the amount of payments made to the member during the member’s earlier retirement less any amount that the member reimbursed the Employees’ Retirement System for those payments.
Md. Code Ann., State Pers. & Pens. § 22-407 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 4. Service Retirement Benefits
§ 22–407LinkCopy Citation
(a)
This section applies to an individual who:
(1)
is eligible for membership in the Judges’ Retirement System as provided in § 27–201(a) of this article; and
(2)
(i)
is receiving a service retirement allowance from the Employees’ Retirement System at the time of appointment in item (1) of this subsection; or
(ii)
(1)
has earned a vested allowance from the Employees’ Retirement System; and
(2)
begins receiving the vested allowance while serving as a judge described in item (1) of this subsection.
(b)
An individual described in subsection (a) of this section may elect to receive service credit in the Judges’ Retirement System.
(c)
(1)
An individual described in subsection (a) of this section who elects to receive service credit in the Judges’ Retirement System under subsection (b) of this section shall complete and file a form provided by the Board of Trustees directing the Board of Trustees to suspend the individual’s allowance while the individual is receiving service credit in the Judges’ Retirement System.
(2)
(i)
An individual shall file a form described in paragraph (1) of this subsection with the Board of Trustees:
(1)
if the individual is receiving a service retirement allowance from the Employees’ Retirement System prior to serving as a judge, at the time the individual becomes a member of the Judges’ Retirement System; or
(2)
if the individual has earned a vested allowance from the Employees’ Retirement System and becomes eligible to receive that allowance after the individual becomes a member of the Judges’ Retirement System, at the time the individual applies to receive the vested allowance.
(ii)
A temporary suspension under this subsection shall begin on the first day of the month following the month in which the Board of Trustees received the individual’s request to temporarily suspend the allowance.
(d)
An individual whose allowance is temporarily suspended under subsection (c) of this section is not subject to a reduction as provided in § 22–406 of this subtitle during the period the individual is serving as a judge.
(e)
(1)
On receiving satisfactory documentation that the individual is no longer serving as a judge, the Board of Trustees shall reinstate the individual’s allowance with accumulated cost–of–living adjustments from the date the allowance was temporarily suspended.
(2)
The individual’s allowance will be reinstated on the first day of the month following the month in which the individual ceased serving as a judge.
(f)
If an individual whose allowance is temporarily suspended dies while serving as a judge, the surviving spouse of the individual shall receive:
(1)
survivorship benefits as provided in § 27–403 of this article; and
(2)
if the surviving spouse is the individual’s designated beneficiary, the survivorship benefits selected by the individual at the time of retirement from the Employees’ Retirement System.
Md. Code Ann., State Pers. & Pens. § 22-408 (2026)
Title 22. Employees' and Teachers' Retirement Systems
Subtitle 4. Service Retirement Benefits
§ 22–408LinkCopy Citation
A member may be entitled to benefits under Title 29 of this article other than, or in addition to, the benefits provided under this subtitle.