Title 22. Employees' and Teachers' Retirement Systems — Subtitle 2. Membership

a regular employee whose compensation is provided by State appropriation or paid from State funds;

an appointed or elected official of the State, including:

an employee or official of a participating governmental unit who is eligible to participate under Title 31, Subtitle 1 of this article;

an employee of the Office of the Sheriff of Baltimore City;

a permanent employee of the board of supervisors of elections of a county;

an employee of the Maryland Environmental Service who is a member of the Employees’ Retirement System on June 30, 1993;

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;

a court reporter for the Circuit Court for Charles County who is a member of the Employees’ Retirement System on July 1, 1994; and

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.

an individual who is a member of any State system other than the Employees’ Retirement System;

an individual who is entitled to be a member of any State system other than the Employees’ Retirement System or the Employees’ Pension System;

a contractual, emergency, or temporary extra employee;

an individual who is employed under a federal public service employment program;

an assessor who is a member of a retirement or pension system operated by a political subdivision of the State; or

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.

This subsection applies only to:

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.

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.

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:

a faculty employee of an educational institution supported by and under the control of the State;

a librarian or clerical employee of any library that is established or operates under the Education Article;

a professional or clerical employee of a community college that is established or operates under the Education Article; or

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.

an individual who has elected to participate in an optional retirement program under Title 30 of this article;

an individual who is employed under a federal public service employment program;

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

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.

the individual is a member of that retirement system on December 31, 1979; and

the individual’s membership does not terminate under § 22-217 of this subtitle.

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.

The benefits that an individual may continue to receive include:

the rate of earnable compensation that is payable as member contributions;

the computation of the member’s allowance; and

the cost-of-living adjustment of the member’s allowance.

This subsection applies only to a member who is subject to Selection A (Additional member contributions).

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:

For a member whose membership started on or after July 1, 1973, the contribution rate is 7% of a member's earnable compensation.

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.

This subsection applies to a member who is subject to Selection B (Limited cost-of-living adjustment).

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:

For a member whose membership started on or after July 1, 1973, the contribution rate is 5% of a member's earnable compensation.

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.

This subsection applies to a member who is subject to Selection C (Combination formula).

A member’s contribution rate is as provided in § 23-212 of this article.

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.

This subsection applies only to an individual who:

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.

a member of the Teachers’ Retirement System;

an employee of the Baltimore City Board of School Commissioners or another county board of education; and

hired by a third party contractor to work in a school that is reconstituted by order of the Maryland State Board of Education.

is not subject to the provisions of § 22-217 of this subtitle;

shall be reinstated as a member of the Teachers’ Retirement System;

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

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.

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

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.

4 years, if a member of the Employees’ Retirement System; or

5 years, if a member of the Teachers’ Retirement System;

receive an allowance for all creditable service as follows:

have the allowance adjusted as provided in §§ 29–401 through 29–403 of this article; and

make the member contributions at the rate specified by § 22–214(a) of this subtitle.

receive an allowance for all creditable service as follows:

have the allowance adjusted as provided in §§ 29–401, 29–402, and 29–405 of this article; and

make the member contributions at the rate specified by § 22–214(b) of this subtitle.

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).

The effective date for application of this section is:

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

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.

From the effective date for application of this section, a member shall receive an allowance as provided in this subsection.

For normal service retirement, the allowance is computed:

For early service retirement, the allowance is computed:

For ordinary disability retirement, the allowance is computed on the greater of:

For accidental disability retirement the allowance is computed as provided by § 29-110 of this article.

For determining the average final compensation of a member who was employed on a part time basis, the average final compensation is computed: