# State Personnel and Pensions (GSP)

## Title 22. Employees' and Teachers' Retirement Systems

### Subtitle 2. Membership

#### Section 22-221

(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 Sec. 22-401 of this title; and

    (ii) for creditable service on and after the effective date, as provided by Sec. 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 Sec. 22-402 of this title; and

    (ii) for creditable service on and after the effective date, as provided by Sec. 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 Sec. 29-106 of this article; or

    (ii) the allowance computed as provided by Sec. 29-108 of this article.

  (5) For accidental disability retirement the allowance is computed as provided by Sec. 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 Sec. 20-204 of this article; and

    (ii) for employment on and after the effective date, as provided in Sec. 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 Sec. 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 Sec.Sec. 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 Sec. 23-212 of this article.

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Md. Code Ann., State Pers. & Pens. (as displayed at mgaleg.maryland.gov, October 16, 2026)