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<section article="gsp" article_name="State Personnel and Pensions" number="22-404" title_number="22" title_name="Employees' and Teachers' Retirement Systems" subtitle_number="4" subtitle_name="Service Retirement Benefits">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <text>“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.</text>
    </level>
    <level label="3">
      <text>“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.</text>
    </level>
  </level>
  <level label="b">
    <text>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:</text>
    <level label="1">
      <text>has at least 16 years of creditable service; and</text>
    </level>
    <level label="2">
      <text>elects to have the member’s accumulated contributions paid as an annuity of equivalent actuarial value instead of withdrawing the accumulated contributions.</text>
    </level>
  </level>
  <level label="c">
    <text>A member qualifies for a pension under subsection (b) of this section if the member:</text>
    <level label="1">
      <level label="i">
        <text>is an elected or appointed official of the State at the time of application for retirement; and</text>
      </level>
      <level label="ii">
        <text>was initially an elected or appointed official of the State before July 22, 1981;</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <text>is an elected or appointed official of the State when separating from employment;</text>
      </level>
      <level label="ii">
        <text>was initially an elected or appointed official of the State during the period from July 22, 1981, through June 30, 1982, both inclusive; and</text>
      </level>
      <level label="iii">
        <text>separated from employment involuntarily as certified by the Secretary of Budget and Management;</text>
      </level>
    </level>
    <level label="3">
      <level label="i">
        <text>was promoted to a position in the unclassified service of the State on or before June 30, 1982;</text>
      </level>
      <level label="ii">
        <text>has been in the unclassified service or its equivalent in the State continuously from June 30, 1982, until separating from employment; and</text>
      </level>
      <level label="iii">
        <text>separated from employment involuntarily as certified by the Secretary of Budget and Management; or</text>
      </level>
    </level>
    <level label="4">
      <level label="i">
        <text>is a deputy clerk of the court at the time of application for retirement; and</text>
      </level>
      <level label="ii">
        <text>was initially a deputy clerk of the court before July 22, 1981.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>This subsection applies to a retiree who:</text>
      <level label="i">
        <text>retires as an elected or appointed official under this section; and</text>
      </level>
      <level label="ii">
        <text>is appointed or elected to an office for which the State pays compensation.</text>
      </level>
    </level>
    <level label="2">
      <text>On the appointment or election of a retiree described in paragraph (1) of this subsection:</text>
      <level label="i">
        <text>the retiree's retirement allowance shall stop;</text>
      </level>
      <level label="ii">
        <text>the retiree may rejoin the Employees' Retirement System;</text>
      </level>
      <level label="iii">
        <text>the retiree shall make member contributions at the same rate the retiree paid before retirement; and</text>
      </level>
      <level label="iv">
        <text>the Board of Trustees shall restore any creditable service or eligibility service to the retiree’s credit at the time of retirement.</text>
      </level>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
    <level label="4">
      <text>The pension, on subsequent retirement, may not exceed the sum of:</text>
      <level label="i">
        <text>the pension the retiree was receiving during the previous retirement; and</text>
      </level>
      <level label="ii">
        <text>the pension that has accrued on account of employment as a member after the previous retirement.</text>
      </level>
    </level>
  </level>
</section>
