Except as provided in subsection (b) of this section, §§ 22-202 through 22-204 of this subtitle apply only to:
a regular employee whose compensation is provided by State appropriation or paid from State funds;
an appointed or elected official of the State, including:
a clerk of the circuit court;
a register of wills;
a State’s Attorney; and
a sheriff;
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.
Sections 22-202 through 22-204 of this subtitle do not apply to:
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.
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.
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.
This subsection applies only to:
an elected or appointed official;
an employee of the Governor’s office; and
a desk officer or employee of either house of the General Assembly who receives an annual salary as compensation for employment.
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.
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.
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.
Except as provided in subsection (b) of this section, §§ 22–206 through 22–208 of this subtitle apply only to:
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:
an attendance officer;
a clerk;
a helping teacher;
a principal;
a superintendent;
a supervisor; or
a teacher;
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.
Sections 22–206 through 22–208 of this subtitle do not apply to:
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.
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.
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.
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:
compensation is paid only partly by the State; or
employment is temporary or on other than a yearly basis.
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.
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:
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:
eligibility for service retirement on or after 30 years of eligibility service or age 60;
eligibility for a reduced service retirement allowance after a certain length of eligibility service;
a normal service retirement allowance of one fifty-fifth of average final compensation multiplied by the number of years of creditable service;
the retirement allowances provided for ordinary or accidental disability;
the selection of options for allowances;
the adjustment of the allowance for increases in the Consumer Price Index;
the death benefit;
the level of member contributions; and
the length of eligibility service for members to vest benefits in the system.
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:
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.
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.
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.
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:
Employees’ Pension System, if the individual is a member of the Employees’ Retirement System; or
Teachers’ Pension System, if the individual is a member of the Teachers’ Retirement System.
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:
the Employees’ Pension System, if a former member of the Employees’ Retirement System; or
the Teachers’ Pension System, if a former member of the Teachers’ Retirement System.
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:
2% plus the contribution rate adopted by the Board of Trustees and in effect when membership began; or
7%.
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:
the contribution rate adopted by the Board of Trustees and in effect when membership began; or
5%.
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.
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.
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.
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:
is a former member of the Employees’ Retirement System or the Teachers’ Retirement System;
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;
has not withdrawn the individual’s member contributions from the Employees’ Retirement System or the Teachers’ Retirement System; and
is an active member of one of the several systems.
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.
This section applies to an individual who is:
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.
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.
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:
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.
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:
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.
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.
Membership ends if the member:
is separated from employment for more than:
4 years, if a member of the Employees’ Retirement System; or
5 years, if a member of the Teachers’ Retirement System;
withdraws the member’s accumulated contributions;
transfers to the Employees’ Pension System or Teachers’ Pension System;
becomes a retiree; or
dies.
This section applies only to a member who is subject to Selection A (Additional member contributions) on October 1, 1994.
A member who is subject to Selection A (Additional member contributions) shall:
receive an allowance for all creditable service as follows:
for normal service retirement as provided by § 22–401 of this title;
for early service retirement as provided by § 22–402 of this title;
for ordinary disability retirement as provided by § 29–106 of this article; and
for accidental disability retirement as provided by § 29–110 of this article;
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.
This section applies only to a member who is subject to Selection B (Limited cost-of-living adjustment) on October 1, 1994.
A member who is subject to Selection B (Limited cost–of–living adjustment) shall:
receive an allowance for all creditable service as follows:
for normal service retirement as provided by § 22–401 of this title;
for early service retirement as provided by § 22–402 of this title;
for ordinary disability retirement as provided by § 29–106 of this article; and
for accidental disability retirement as provided by § 29–110 of this article;
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:
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);
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
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).
For purposes of computing a member’s allowance under this section:
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 creditable service before the effective date, as provided by § 22-401 of this title; and
for creditable service on and after the effective date, as provided by § 23-401 of this article.
For early service retirement, the allowance is computed:
for creditable service before the effective date, as provided by § 22-402 of this title; and
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.
For ordinary disability retirement, the allowance is computed on the greater of:
the allowance computed as provided by § 29-106 of this article; or
the allowance computed as provided by § 29-108 of this article.
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:
for employment before the effective date, as provided in § 20-204 of this article; and
for employment on and after the effective date, as provided in § 20-205 of this article.
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.
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.
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.