<section article="gsp" article_name="State Personnel and Pensions" number="23-101" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="1" subtitle_name="General Provisions"> <text>This title applies only to:</text> <level label="1"> <text>the Employees’ Pension System; and</text> </level> <level label="2"> <text>the Teachers’ Pension System.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-201" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="2" subtitle_name="Membership"> <level label="a"> <text>Except as provided in subsection (b) of this section, §§ 23–203 through 23–205 of this subtitle apply only to:</text> <level label="1"> <text>a regular employee whose compensation is provided by State appropriation or paid from State funds;</text> </level> <level label="2"> <text>an appointed or elected official of the State, including:</text> <level label="i"> <text>a clerk of the circuit court;</text> </level> <level label="ii"> <text>a register of wills;</text> </level> <level label="iii"> <text>a State’s Attorney; and</text> </level> <level label="iv"> <text>a sheriff;</text> </level> </level> <level label="3"> <text>an employee or official of a participating governmental unit who is eligible to participate under Title 31, Subtitle 1 of this article;</text> </level> <level label="4"> <text>an employee of the Office of the Sheriff of Baltimore City;</text> </level> <level label="5"> <text>an additional employee or agent of the State Racing Commission authorized by § 11–207 of the Business Regulation Article;</text> </level> <level label="6"> <text>a permanent employee of the board of supervisors of elections of a county;</text> </level> <level label="7"> <text>a full–time magistrate in chancery or in juvenile causes who is appointed on or after July 1, 1989, in any county by the circuit court for that county;</text> </level> <level label="8"> <text>an employee of the Maryland Environmental Service who is a member of the Employees’ Pension System on June 30, 1993, or transfers from the Employees’ Retirement System on or after July 1, 1993;</text> </level> <level label="9"> <text>a former Baltimore City jail employee who became an employee of the Baltimore City Detention Center and a member of the Employees’ Pension System on July 1, 1991;</text> </level> <level label="10"> <text>a nonfaculty employee of the Baltimore City Community College who:</text> <level label="i"> <text>is a member of the Employees’ Pension System on October 1, 2002;</text> </level> <level label="ii"> <text>transfers from the Employees’ Retirement System on or after October 1, 2002;</text> </level> <level label="iii"> <text>transfers from the Teachers’ Pension System in accordance with § 23–202.1 of this subtitle; or</text> </level> <level label="iv"> <text>becomes an employee of the Baltimore City Community College on or after October 1, 2002;</text> </level> </level> <level label="11"> <text>a court reporter for the Circuit Court for Charles County who is a member of the Employees’ Pension System on July 1, 1994, or transfers from the Employees’ Retirement System on or after July 1, 1994;</text> </level> <level label="12"> <text>a staff employee of the University System of Maryland, Morgan State University, or St. Mary’s College who is:</text> <level label="i"> <text>a member of the Employees’ Pension System on January 1, 1998, or transfers from the Employees’ Retirement System on or after January 1, 1998; or</text> </level> <level label="ii"> <text>a staff 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;</text> </level> </level> <level label="13"> <text>an individual who, on and before the effective date of participation as defined under § 31–101(c) of this article, is:</text> <level label="i"> <text>a supportive service employee of the Board of Education of Kent County;</text> </level> <level label="ii"> <text>an employee of the Town of Oakland;</text> </level> <level label="iii"> <text>an employee of the City of Frostburg;</text> </level> <level label="iv"> <text>an employee of the Town of Sykesville; or</text> </level> <level label="v"> <text>an employee of the Town of University Park;</text> </level> </level> <level label="14"> <text>an employee of the Maryland Automobile Insurance Fund on or after the date that the Maryland Automobile Insurance Fund begins participation in the Employees’ Pension System; and</text> </level> <level label="15"> <text>the Executive Director of the Alcohol, Tobacco, and Cannabis Commission, if the Executive Director is not a sworn police officer with the powers granted to an officer of the Field Enforcement Division under § 1–313 of the Alcoholic Beverages and Cannabis Article.</text> </level> </level> <level label="b"> <text>Sections 23–203 through 23–205 of this subtitle do not apply to:</text> <level label="1"> <text>an individual who is or is entitled to be a member of any State system other than the Employees’ Pension System;</text> </level> <level label="2"> <text>a contractual, emergency, or temporary extra employee;</text> </level> <level label="3"> <text>an individual who is employed under a federal public service employment program;</text> </level> <level label="4"> <text>an assessor who is a member of a retirement or pension system operated by a political subdivision of the State;</text> </level> <level label="5"> <text>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;</text> </level> <level label="6"> <text>a nonclerical or nonprofessional employee of the Baltimore City Community College who:</text> <level label="i"> <text>was an employee of the New Community College of Baltimore during the 1989–1990 academic year;</text> </level> <level label="ii"> <text>was employed by the New Community College of Baltimore on or before December 31, 1990, as a “Class A” member of the Baltimore City Retirement Plan; and</text> </level> <level label="iii"> <text>elected to remain a member of the Baltimore City Retirement Plan;</text> </level> </level> <level label="7"> <text>an employee who is not a member of a State system and who accepts a position for which the budgeted hours per fiscal year are less than 500 hours in the first fiscal year of employment;</text> </level> <level label="8"> <text>an employee of the Domestic Relations Division of the Anne Arundel County Circuit Court who:</text> <level label="i"> <text>was transferred on or after July 1, 2002, into the State Personnel Management System as an employee of the Child Support Administration of the Maryland Department of Human Services;</text> </level> <level label="ii"> <text>elected, under § 2–510 of the Courts Article, to remain as a participant in the Anne Arundel County Retirement and Pension System; and</text> </level> <level label="iii"> <text>remains as an employee of the Child Support Administration of the Maryland Department of Human Services or an attorney employed to represent the Child Support Administration;</text> </level> </level> <level label="9"> <text>a nonfaculty employee of the Baltimore City Community College who is eligible to participate and elects to participate in an optional retirement program under Title 30 of this article;</text> </level> <level label="10"> <text>an appointed or elected official who on or after July 1, 2007, is a member of any other State or local retirement or pension system as defined under Title 37 of this article; or</text> </level> <level label="11"> <text>the Director of the Department of Social Services in Montgomery County who:</text> <level label="i"> <text>was transferred into the State Personnel Management System as an employee of the Social Services Administration of the Maryland Department of Human Services;</text> </level> <level label="ii"> <text>elected, under § 3–403.1 of the Human Services Article, to remain as a participant in the Montgomery County Employees’ Retirement System; and</text> </level> <level label="iii"> <text>remains as an employee of the Social Services Administration of the Maryland Department of Human Services.</text> </level> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-202.1" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="2" subtitle_name="Membership"> <text>A nonfaculty employee of the Baltimore City Community College who is a member of the Teachers’ Pension System on October 1, 2002, may transfer membership to the Employees’ Pension System on or before December 31, 2002.</text> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-203" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="2" subtitle_name="Membership"> <text>Except as provided in § 23-204 of this subtitle, an individual described in § 23-201(a) of this subtitle who becomes an employee of a participating employer on or after January 1, 1980, or who transfers membership from the Employees’ Retirement System, is a member of the Employees’ Pension System as a condition of employment.</text> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-204" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="2" subtitle_name="Membership"> <level label="a"> <level label="1"> <text>Membership in the Employees’ Pension System is optional for an individual who is:</text> <level label="i"> <text>an official, elected or appointed for a fixed term;</text> </level> <level label="ii"> <text>an employee of the Governor’s office;</text> </level> <level label="iii"> <text>an employee of the Senate or House of Delegates;</text> </level> <level label="iv"> <text>a member of the Prince George’s County Board of License Commissioners;</text> </level> <level label="v"> <text>an employee of Dorchester County who is not and has not previously been a member of the county’s general pension and retirement program or any other plan sponsored by Dorchester County; or</text> </level> <level label="vi"> <text>except as provided in subsection (g) of this section, an employee of a participating governmental unit who is employed by the participating governmental unit before the effective date of participation and who remains an employee of the participating governmental unit through the effective date of participation.</text> </level> </level> <level label="2"> <text>An individual described under paragraph (1)(i) through (v) of this subsection who elects to join the Employees’ Pension System shall make the election at commencement of employment by filing a written application with the Board of Trustees on a form that the Board of Trustees provides.</text> </level> <level label="3"> <text>An individual described under paragraph (1)(vi) of this subsection who elects to join the Employees’ Pension System shall make the election prior to the effective date of participation by filing a written application with the Board of Trustees on a form that the Board of Trustees provides.</text> </level> <level label="4"> <text>An election to join the Employees’ Pension System under this subsection is a one–time, irrevocable election.</text> </level> <level label="5"> <level label="i"> <text>This paragraph applies to an individual described under paragraph (1)(i) through (v) of this subsection.</text> </level> <level label="ii"> <text>If an election to join the Employees’ Pension System is not received by the Board of Trustees within the period of time described in paragraph (2) or (3) of this subsection, the individual may not elect to join the Employees’ Pension System while employed in that position.</text> </level> </level> <level label="6"> <level label="i"> <text>This paragraph applies to an individual described under paragraph (1)(vi) of this subsection.</text> </level> <level label="ii"> <text>If an election to join the Employees’ Pension System is not received by the Board of Trustees within the period of time described in paragraph (3) of this subsection, the individual is deemed to have elected to participate in the Employees’ Pension System while employed in that position.</text> </level> </level> <level label="7"> <text>The Board of Trustees shall adopt regulations to implement this subsection.</text> </level> </level> <level label="b"> <level label="1"> <text>Membership in the Employees’ Pension System is not optional for individuals who are:</text> <level label="i"> <text>supportive service employees of the Board of Education of Kent County;</text> </level> <level label="ii"> <text>employees of the Town of Oakland;</text> </level> <level label="iii"> <text>employees of the City of Frostburg;</text> </level> <level label="iv"> <text>employees of the Town of Sykesville; or</text> </level> <level label="v"> <text>employees of the Town of University Park.</text> </level> </level> <level label="2"> <text>Membership in the Employees’ Pension System is not optional for an individual who was employed in a position on or before June 30, 2015, that required the individual to be a member of the Employees’ Pension System, while the individual remains in that position.</text> </level> </level> <level label="c"> <level label="1"> <text>Subject to paragraph (2) of this subsection, membership in the Employees’ Pension System is optional for an individual described in § 23–201(a)(2)(iv) of this subtitle who is elected or appointed as the Baltimore City Sheriff.</text> </level> <level label="2"> <text>An individual who is elected or appointed as the Baltimore City Sheriff and who does not elect to join the Employees’ Pension System is a member of the Law Enforcement Officers’ Pension System under Title 26 of this article as a condition of employment.</text> </level> <level label="3"> <text>To elect to be a member of the Employees’ Pension System under this subsection, an individual shall make the election at commencement of employment by filing a written application with the Board of Trustees on a form that the Board of Trustees provides.</text> </level> <level label="4"> <text>An individual who does not elect membership as of the date the individual begins serving as the Baltimore City Sheriff shall become a member of the Law Enforcement Officers’ Pension System.</text> </level> </level> <level label="d"> <level label="1"> <text>This subsection applies to an individual described in § 23–201(a)(2)(iv) of this subtitle who elects membership in the Employees’ Pension System under this section.</text> </level> <level label="2"> <text>An individual described in paragraph (1) of this subsection may elect membership in the Law Enforcement Officers’ Pension System if the county employing the individual elects to become an eligible governmental unit in the Law Enforcement Officers’ Pension System in accordance with §§ 31–2A–02 through 31–2A–05 of this article.</text> </level> <level label="3"> <text>If an individual transfers to the Law Enforcement Officers’ Pension System under this subsection, the eligible governmental unit is responsible for all employer contributions required for the individual under § 21–306.1 of this article.</text> </level> </level> <level label="e"> <level label="1"> <text>This subsection applies only to an individual who is an employee of the Town of Berwyn Heights on June 30, 2008.</text> </level> <level label="2"> <text>Subject to paragraph (3) of this subsection, membership in the Employees’ Pension System is optional for an individual described in paragraph (1) of this subsection who elects membership on July 1, 2008.</text> </level> <level label="3"> <text>To elect to be a member of the Employees’ Pension System, an individual shall file a written application with the Board of Trustees on a form that the Board of Trustees provides.</text> </level> </level> <level label="f"> <level label="1"> <text>This subsection applies only to an individual who is an employee of the City of College Park on June 30, 2014.</text> </level> <level label="2"> <text>Subject to paragraph (3) of this subsection, membership in the Employees’ Pension System is optional for an individual described in paragraph (1) of this subsection who elects membership on July 1, 2014.</text> </level> <level label="3"> <text>To elect to be a member of the Employees’ Pension System, an individual shall file a written application with the Board of Trustees on a form that the Board of Trustees provides.</text> </level> </level> <level label="g"> <level label="1"> <text>This subsection applies to an individual who is employed by Prince George’s County as:</text> <level label="i"> <text>the Chief Administrative Officer;</text> </level> <level label="ii"> <text>a Deputy Chief Administrative Officer;</text> </level> <level label="iii"> <text>a director of a county office or department;</text> </level> <level label="iv"> <text>a County Council Administrator;</text> </level> <level label="v"> <text>a Deputy Director of a county office or department; or</text> </level> <level label="vi"> <text>an Executive Director.</text> </level> </level> <level label="2"> <level label="i"> <text>Membership in the Employees’ Pension System is optional for an individual who:</text> <level label="1"> <text>begins serving in a position listed in paragraph (1) of this subsection on or after July 1, 2014; and</text> </level> <level label="2"> <text>has not previously been employed by Prince George’s County.</text> </level> </level> <level label="ii"> <text>An individual described under subparagraph (i) of this paragraph who elects to join the Employees’ Pension System shall make the election at commencement of employment by filing a written application with the Board of Trustees on a form that the Board of Trustees provides.</text> </level> </level> <level label="3"> <text>Membership in the Employees’ Pension System is mandatory for:</text> <level label="i"> <text>an individual who:</text> <level label="1"> <text>is employed in one of the positions listed under paragraph (1) of this subsection on or before June 30, 2014; and</text> </level> <level label="2"> <text>is enrolled as a member of the Employees’ Pension System; or</text> </level> </level> <level label="ii"> <text>an individual described under paragraph (2)(i) of this subsection who elected to join the Employees’ Pension System under paragraph (2)(ii) of this subsection.</text> </level> </level> <level label="4"> <text>Membership in the Employees’ Pension System is prohibited for an individual who:</text> <level label="i"> <text>begins serving in a position listed in paragraph (1) of this subsection on or after July 1, 2004, but before July 1, 2014;</text> </level> <level label="ii"> <text>remains in a position listed in paragraph (1) of this subsection on or after July 1, 2014; and</text> </level> <level label="iii"> <text>is not enrolled in the Employees’ Pension System.</text> </level> </level> <level label="5"> <level label="i"> <text>An individual’s election under paragraph (2)(ii) of this subsection to join the Employees’ Pension System or an individual’s failure to elect to join the Employees’ Pension System within the required time period is a one–time, irrevocable decision.</text> </level> <level label="ii"> <text>An individual employed in one of the positions listed under paragraph (1) of this subsection who does not elect to join the Employees’ Pension System under paragraph (2)(ii) of this subsection may not join the Employees’ Pension System while employed in one of the positions listed under paragraph (1) of this subsection.</text> </level> <level label="iii"> <text>An individual described under paragraph (4) of this subsection or subparagraph (ii) of this paragraph who changes employment to a different position under paragraph (1) of this subsection, whether or not a break in employment occurs, may not elect to join the Employees’ Pension System.</text> </level> </level> <level label="6"> <text>The Board of Trustees shall adopt regulations to implement this section.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-205" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="2" subtitle_name="Membership"> <text>If eligibility of an individual for membership in the Employees’ Pension 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.</text> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-206" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="2" subtitle_name="Membership"> <level label="a"> <text>Except as provided in subsection (b) of this section, §§ 23–208 through 23–210 of this subtitle apply only to:</text> <level label="1"> <text>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:</text> <level label="i"> <text>a clerk;</text> </level> <level label="ii"> <text>a helping teacher;</text> </level> <level label="iii"> <text>a principal;</text> </level> <level label="iv"> <text>a superintendent;</text> </level> <level label="v"> <text>a supervisor; or</text> </level> <level label="vi"> <text>a teacher;</text> </level> </level> <level label="2"> <text>a faculty employee of an educational institution supported by and under the control of the State;</text> </level> <level label="3"> <text>a librarian or clerical employee of a library that is established or operates under the Education Article;</text> </level> <level label="4"> <text>a professional or clerical employee of a community college that is established or operates under the Education Article;</text> </level> <level label="5"> <text>a staff employee of the University System of Maryland, Morgan State University, or St. Mary’s College who is a member of the Teachers’ Pension System as of January 1, 1998, or who transfers from the Teachers’ Retirement System on or after January 1, 1998; or</text> </level> <level label="6"> <text>a nonfaculty employee of the Baltimore City Community College who:</text> <level label="i"> <text>is a member of the Teachers’ Pension System as of October 1, 2002, and does not transfer to the Employees’ Pension System in accordance with § 23–202.1 of this subtitle; or</text> </level> <level label="ii"> <text>transfers from the Teachers’ Retirement System on or after October 1, 2002.</text> </level> </level> </level> <level label="b"> <text>Sections 23–208 and 23–209 of this subtitle do not apply to:</text> <level label="1"> <text>an individual who has elected to participate in an optional retirement program under Title 30 of this article;</text> </level> <level label="2"> <text>an individual who is employed under a federal public service employment program;</text> </level> <level label="3"> <text>a professional or clerical employee of the Department of Public Libraries of Montgomery County who is participating in the Employees’ Retirement System of Montgomery County;</text> </level> <level label="4"> <text>a staff employee of the University System of Maryland, Morgan State University, or St. Mary’s College who becomes employed 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;</text> </level> <level label="5"> <text>an employee who is not a member of a State system and who accepts a position for which the budgeted hours per fiscal year are less than 500 hours in the first fiscal year of employment; or</text> </level> <level label="6"> <text>a nonfaculty employee of the Baltimore City Community College who becomes employed on or after October 1, 2002, or who transfers to the Employees’ Pension System in accordance with § 23–202.1 of this subtitle.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-208" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="2" subtitle_name="Membership"> <text>Except as provided in § 23-209 of this subtitle, an individual described in § 23-206(a) of this subtitle who becomes employed by a participating employer on or after January 1, 1980, or who transfers membership from the Teachers’ Retirement System, is a member of the Teachers’ Pension System as a condition of employment.</text> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-209" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="2" subtitle_name="Membership"> <text>The Board of Trustees may deny membership in the Teachers’ Pension System to, or make membership optional for, any class of individuals described in § 23-206(a) of this subtitle whose:</text> <level label="1"> <text>compensation is paid only partly by the State; or</text> </level> <level label="2"> <text>employment is temporary or on other than a yearly basis.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-210" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="2" subtitle_name="Membership"> <text>If eligibility of an individual for membership in the Teachers’ Pension System is unclear, the Board of Trustees shall determine whether the individual is a member.</text> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-211" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="2" subtitle_name="Membership"> <text>Membership continues for a member who is:</text> <level label="1"> <text>on leave of absence approved by the Board of Trustees; or</text> </level> <level label="2"> <text>in the military service within the periods specified in Title 38 of this article.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-212" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="2" subtitle_name="Membership"> <level label="a"> <text>Except as otherwise provided in this section, a member’s contribution rate is 5% of the part of the member’s earnable compensation that exceeds the taxable wage base for each year.</text> </level> <level label="b"> <text>The contribution rate of a member who is subject to the contributory pension benefit under Part II of this subtitle is 2% of the member’s earnable compensation.</text> </level> <level label="c"> <text>The contribution rate of a member who is subject to the Alternate Contributory Pension Selection under Part III of this subtitle is:</text> <level label="1"> <text>3% of the member’s earnable compensation received from July 1, 2006 to June 30, 2007, both inclusive;</text> </level> <level label="2"> <text>4% of the member’s earnable compensation received from July 1, 2007 to June 30, 2008, both inclusive;</text> </level> <level label="3"> <text>5% of the member’s earnable compensation received from July 1, 2008 to June 30, 2011, both inclusive; and</text> </level> <level label="4"> <text>7% of the member’s earnable compensation received on or after July 1, 2011.</text> </level> </level> <level label="d"> <text>The contribution rate of a member who is subject to the reformed contributory pension benefit under Part IV of this subtitle is 7% of the member’s earnable compensation.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-213" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="2" subtitle_name="Membership"> <level label="a"> <text>Except as provided in subsection (b) of this section, regular interest is payable on member contributions at the rate of 5% per year compounded annually until retirement or withdrawal of contributions and interest.</text> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>This subsection applies only to an individual who:</text> <level label="i"> <text>is a former member of the Employees’ Pension System or the Teachers’ Pension System;</text> </level> <level label="ii"> <text>is not eligible to receive a vested allowance from the Employees’ Pension System or the Teachers’ Pension System under Title 29, Subtitle 3 of this article;</text> </level> <level label="iii"> <text>has not withdrawn the individual’s member contributions from the Employees’ Pension System or the Teachers’ Pension System; and</text> </level> <level label="iv"> <text>is an active member of one of the several systems.</text> </level> </level> <level label="3"> <text>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’ Pension System or the Teachers’ Pension System while the individual is an active member of one of the several systems.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-214" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="2" subtitle_name="Membership"> <level label="a"> <text>This section applies to an individual who is:</text> <level label="1"> <text>a member of the Teachers’ Pension System;</text> </level> <level label="2"> <text>an employee of the Baltimore City Board of School Commissioners or another county board of education; and</text> </level> <level label="3"> <text>hired by a third party contractor to work in a school that is reconstituted by order of the Maryland State Board of Education.</text> </level> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <text>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:</text> <level label="1"> <text>is not subject to the provisions of § 23-215 of this subtitle;</text> </level> <level label="2"> <text>shall be reinstated as a member of the Teachers’ Pension System;</text> </level> <level label="3"> <text>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</text> </level> <level label="4"> <text>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.</text> </level> </level> <level label="d"> <text>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:</text> <level label="1"> <text>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</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="e"> <text>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.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-215" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="2" subtitle_name="Membership"> <level label="a"> <text>Except as provided in § 23–215.1 of this subtitle, membership ends if the member:</text> <level label="1"> <text>is separated from employment for more than 4 years;</text> </level> <level label="2"> <text>is separated from employment, and rehired into a position that requires enrollment in a part of the Employees’ Pension System or the Teachers’ Pension System that is subject to a different rate of member contributions and benefit accrual;</text> </level> <level label="3"> <text>withdraws the member’s accumulated contributions;</text> </level> <level label="4"> <text>becomes a retiree; or</text> </level> <level label="5"> <text>dies.</text> </level> </level> <level label="b"> <text>Subsection (a)(2) of this section does not apply for purposes of determining eligibility for a disability retirement benefit under § 29–104(a) of this article.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-215.1" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="2" subtitle_name="Membership"> <level label="a"> <text>This section applies to a member who:</text> <level label="1"> <text>on or before June 30, 2011, is subject to the Alternate Contributory Pension Selection;</text> </level> <level label="2"> <level label="i"> <text>is separated from employment for 4 years or less;</text> </level> <level label="ii"> <level label="1"> <text>is separated from employment for military service that meets the requirements of the federal Uniformed Services Employment and Reemployment Rights Act; and</text> </level> <level label="2"> <text>resumes employment within 1 year of leaving military service in a position that is included in the Employees’ Pension System or Teachers’ Pension System; or</text> </level> </level> <level label="iii"> <text>is separated from employment with the minimum eligibility service needed to be eligible for a vested allowance in the Alternate Contributory Pension Selection under Title 29, Subtitle 3 of this article;</text> </level> </level> <level label="3"> <text>does not withdraw the member’s accumulated contributions; and</text> </level> <level label="4"> <text>does not become a retiree.</text> </level> </level> <level label="b"> <text>A member described in subsection (a) of this section who resumes employment in a position that is included in the Employees’ Pension System or Teachers’ Pension System, shall resume participation in the Alternate Contributory Pension Selection if the employer participates in the Alternate Contributory Pension Selection.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-215.2" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="2" subtitle_name="Membership"> <text>If an individual was a member of any one of the several systems on June 30, 2011, and without incurring a break in employment of more than 30 days, becomes a member of the Employees’ Pension System or the Teachers’ Pension System on or after July 1, 2011, the individual:</text> <level label="1"> <text>shall be considered to be a new member of the Employees’ Pension System or the Teachers’ Pension System as of the date the individual joins the system; and</text> </level> <level label="2"> <text>is subject to the same requirements to which an individual who was a member of the Employees’ Pension System or the Teachers’ Pension System on June 30, 2011, and remains a member on July 1, 2011, is subject.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-217" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="2" subtitle_name="Membership"> <level label="a"> <text>Except as provided in subsection (b) of this section, this Part II of this subtitle applies to an individual who is:</text> <level label="1"> <text>a member of the Employees’ Pension System or the Teachers’ Pension System; or</text> </level> <level label="2"> <text>a member of the Employees’ Retirement System or the Teachers’ Retirement System subject to Selection C (Combination Formula) as provided in § 22-221 of this article.</text> </level> </level> <level label="b"> <text>This Part II of this subtitle does not apply to an individual who is:</text> <level label="1"> <text>an employee of:</text> <level label="i"> <text>a participating governmental unit that has not elected the contributory pension benefit for its employees under § 31-116 of this article; or</text> </level> <level label="ii"> <text>a former participating governmental unit, other than Frederick County, that has withdrawn;</text> </level> </level> <level label="2"> <text>a member of the Employees’ Pension System or Teachers’ Pension System who transferred from the Employees’ Retirement System or Teachers’ Retirement System after April 1, 1998; or</text> </level> <level label="3"> <text>a member who is subject to the Alternate Contributory Pension Selection under Part III of this subtitle.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-218" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="2" subtitle_name="Membership"> <text>A member who is subject to this Part II of this subtitle shall:</text> <level label="1"> <text>receive an allowance for all creditable service as follows:</text> <level label="i"> <text>for normal service retirement as provided in § 23–401(c) of this title;</text> </level> <level label="ii"> <text>for early service retirement as provided in § 23–402 of this title;</text> </level> <level label="iii"> <text>for ordinary disability retirement as provided in § 29–108 of this article; and</text> </level> <level label="iv"> <text>for accidental disability retirement as provided in § 29–110 of this article;</text> </level> </level> <level label="2"> <text>have the allowance adjusted as provided in §§ 29–401, 29–402, 29–406, and 29–408 of this article; and</text> </level> <level label="3"> <text>make the member contributions at the rate specified in § 23–212(b) of this subtitle.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-221" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="2" subtitle_name="Membership"> <level label="a"> <text>In this section, “active member” means a member who is not separated from employment with the State or a participating employer of the State.</text> </level> <level label="b"> <text>Except as provided in subsection (d) of this section, this part applies to an individual who on or after June 30, 2006, is:</text> <level label="1"> <text>an active member of the Employees’ Pension System or the Teachers’ Pension System; or</text> </level> <level label="2"> <text>a member of the Teachers’ Retirement System or Employees’ Retirement System who is subject to Selection C (Combination Formula) as provided in § 22–221 of this article.</text> </level> </level> <level label="c"> <level label="1"> <text>This subsection applies to an individual who:</text> <level label="i"> <text>was an employee of the Somerset County Economic Development Commission on June 30, 2011, and who remains an employee through the effective date of participation for the Somerset County Economic Development Commission as a participating governmental unit; or</text> </level> <level label="ii"> <level label="1"> <text>was an employee of the Dorchester County Council working for the Dorchester County Sanitary Commission on June 30, 2011;</text> </level> <level label="2"> <text>continues working for the Dorchester County Sanitary Commission without incurring a break in employment of more than 30 days; and</text> </level> <level label="3"> <text>becomes an employee of the Dorchester County Sanitary Commission before the effective date of participation for the Dorchester County Sanitary Commission as a participating governmental unit and remains an employee through the effective date of participation.</text> </level> </level> </level> <level label="2"> <text>An individual described in paragraph (1) of this subsection shall be considered subject to the alternate contributory pension benefit under Part III of this subtitle in the same manner as an individual who was a member of the Employees’ Pension System on June 30, 2011.</text> </level> </level> <level label="d"> <text>This Part III does not apply to:</text> <level label="1"> <text>an employee of a participating governmental unit participating in the Employees’ Pension System that has not elected to participate in the Alternate Contributory Pension Selection under § 31–116.1 of this article or a former participating governmental unit, other than Frederick County, that has withdrawn from the Employees’ Pension System; or</text> </level> <level label="2"> <text>a member of the Employees’ Pension System or the Teachers’ Pension System who transferred from the Employees’ Retirement System or the Teachers’ Retirement System after April 1, 1998.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-222" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="2" subtitle_name="Membership"> <text>A member who is subject to this part shall:</text> <level label="1"> <text>receive an allowance for all creditable service as follows:</text> <level label="i"> <text>for normal service retirement as provided in § 23-401(d) of this title;</text> </level> <level label="ii"> <text>for early service retirement as provided in § 23-402 of this title;</text> </level> <level label="iii"> <text>for ordinary disability retirement as provided in § 29-108 of this article; and</text> </level> <level label="iv"> <text>for accidental disability retirement as provided in § 29-110 of this article;</text> </level> </level> <level label="2"> <text>have the allowance adjusted as provided in Title 29, Subtitle 4 of this article; and</text> </level> <level label="3"> <text>make the member contributions at the rate specified in § 23-212(c) of this subtitle.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-225" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="2" subtitle_name="Membership"> <level label="a"> <text>This Part IV of this subtitle (Reformed Contributory Pension Benefit) applies to:</text> <level label="1"> <text>an individual who becomes a member of the Employees’ Pension System or the Teachers’ Pension System on or after July 1, 2011; and</text> </level> <level label="2"> <text>except as provided in § 23–215.1 of this subtitle, a member of the Employees’ Pension System or Teachers’ Pension System who separated from employment on or before June 30, 2011, and subsequently becomes employed in a position eligible for membership in the Employees’ Pension System or the Teachers’ Pension System on or after July 1, 2011.</text> </level> </level> <level label="b"> <text>This Part IV does not apply to an employee of:</text> <level label="1"> <text>a participating governmental unit that was participating in the Employees’ Pension System prior to July 1, 2011, and that has not elected to participate in the Alternate Contributory Pension Selection under § 31–116.1 of this article; or</text> </level> <level label="2"> <text>a former participating governmental unit, other than Frederick County, that has withdrawn from the Employees’ Pension System.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-226" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="2" subtitle_name="Membership"> <level label="a"> <text>Except as provided in subsection (b) of this section, a member who is subject to this Part IV of this subtitle shall:</text> <level label="1"> <text>receive an allowance for all creditable service as follows:</text> <level label="i"> <text>for normal service retirement as provided in § 23–401(f) of this title;</text> </level> <level label="ii"> <text>for early service retirement as provided in § 23–402(c) of this title;</text> </level> <level label="iii"> <text>for a vested allowance as provided in § 29–303(b–1) of this article;</text> </level> <level label="iv"> <text>for ordinary disability retirement as provided in § 29–108 of this article; and</text> </level> <level label="v"> <text>for accidental disability retirement as provided in § 29–110 of this article;</text> </level> </level> <level label="2"> <text>have the allowance adjusted as provided in §§ 29–401, 29–402, and 29–408 of this article; and</text> </level> <level label="3"> <text>make the member contributions at the rate specified in § 23–212(d) of this subtitle.</text> </level> </level> <level label="b"> <text>A member described in § 23–225(a)(2) of this subtitle is not subject to this Part IV of this subtitle with respect to the service credit earned in the member’s previous membership.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-301" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="3" subtitle_name="Service Credit"> <text>A member of the Employees’ Pension System or Teachers’ Pension System is entitled to:</text> <level label="1"> <text>eligibility service as provided in §§ 23-302 through 23-308 of this subtitle; and</text> </level> <level label="2"> <text>creditable service as provided in § 23-309 of this subtitle.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-302" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="3" subtitle_name="Service Credit"> <level label="a"> <text>Subject to subsections (b), (c), and (d) of this section, a member is entitled to eligibility service for periods of employment while a member of the Employees’ Pension System or the Teachers’ Pension System.</text> </level> <level label="b"> <text>The Board of Trustees may not allow more than 1 year of service credit for a calendar year.</text> </level> <level label="c"> <level label="1"> <text>If a member completes at least 500 hours of employment while a member in any fiscal year, the member is entitled to 1 year of eligibility service.</text> </level> <level label="2"> <text>Except in the first and last fiscal years or except as provided in subsection (d) of this section, a member may not receive any eligibility service for a fiscal year in which the member completes less than 500 hours of employment while a member.</text> </level> <level label="3"> <text>In the first and last fiscal years, if a member completes less than 500 hours of employment while a member, the Board of Trustees shall prorate the eligibility service based on the number of hours worked.</text> </level> </level> <level label="d"> <text>If a member who is subject to the contributory pension benefit, the Alternate Contributory Pension Selection, or the Reformed Contributory Pension Benefit completes less than 500 hours of employment while a member, the Board of Trustees shall prorate the member’s eligibility service based on the number of hours worked.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-303" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="3" subtitle_name="Service Credit"> <level label="a"> <text>In this section, “break in service” means a period of separation from employment in a fiscal year after the one in which a member first becomes employed, if during that fiscal year the member does not complete more than 350 hours of employment while a member.</text> </level> <level label="b"> <level label="1"> <text>This section applies to a member of the Employees’ Pension System or the Teachers’ Pension System who was a member of one of those State systems.</text> </level> <level label="2"> <text>This section does not apply to:</text> <level label="i"> <text>a retiree of the Employees’ Pension System or the Teachers’ Pension System; or</text> </level> <level label="ii"> <text>a member of the Employees’ Pension System or Teachers’ Pension System who is subject to the contributory pension benefit, the Alternate Contributory Pension Selection, or the Reformed Contributory Pension Benefit.</text> </level> </level> </level> <level label="c"> <text>A member is entitled to the eligibility service to which the member was entitled before the separation from employment if:</text> <level label="1"> <text>the member has not incurred a break in service;</text> </level> <level label="2"> <text>the member was entitled to a vested allowance at the time of the separation from employment; or</text> </level> <level label="3"> <level label="i"> <text>the member has completed 1 year of eligibility service after a break in service; and</text> </level> <level label="ii"> <text>the number of consecutive years in which the member incurred a break in service is less than the years of eligibility service as a member before the break in service.</text> </level> </level> </level> <level label="d"> <text>To determine if a member is eligible for prior eligibility service under subsection (c)(3)(ii) of this section, the Board of Trustees shall determine the number of years of prior eligibility service:</text> <level label="1"> <text>as of the day the member separated from employment; but</text> </level> <level label="2"> <text>excluding any eligibility service lost because of a prior break in service.</text> </level> </level> <level label="e"> <text>When a member receives credit for eligibility service under subsection (c) of this section from the other system, the member has no further rights in the other system.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-303.1" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="3" subtitle_name="Service Credit"> <level label="a"> <text>This section applies to a member of the Employees’ Pension System or Teachers’ Pension System who has prior service in a part of the Employees’ Pension System or Teachers’ Pension System that is subject to a different rate of benefit accrual.</text> </level> <level label="b"> <text>A member who is subject to the contributory pension benefit, Alternate Contributory Pension Selection, or Reformed Contributory Pension Benefit is entitled to combine the member’s prior eligibility service with the member’s current service if the member:</text> <level label="1"> <text>at the time of separation from employment, was entitled to a vested allowance from:</text> <level label="i"> <text>the Employees’ Pension System; or</text> </level> <level label="ii"> <text>the Teachers’ Pension System;</text> </level> </level> <level label="2"> <text>did not transfer to the Employees’ Pension System or the Teachers’ Pension System from the Employees’ Retirement System or Teachers’ Retirement System after April 1, 1998; and</text> </level> <level label="3"> <text>has completed 1 year of employment as a member of the pension benefit or selection in which the member is earning service credit as an active member at the time the prior service credit is combined with the current service credit.</text> </level> </level> <level label="c"> <text>A member who is subject to the noncontributory pension benefit is entitled to combine the member’s prior eligibility service with the member’s current service if the member did not transfer to the Employees’ Pension System or Teachers’ Pension System from the Employees’ Retirement System or Teachers’ Retirement System after April 1, 1998.</text> </level> <level label="d"> <level label="1"> <text>A member may combine the member’s prior credit for eligibility service with the member’s current service under this section if the member:</text> <level label="i"> <text>completes a claim for the service credit and files it with the Board of Trustees on the form that the Board of Trustees provides at any time before retirement; and</text> </level> <level label="ii"> <text>deposits into the annuity savings fund the amounts required under subsection (f), (g), (h), or (i) of this section.</text> </level> </level> <level label="2"> <text>When a member combines credit for eligibility service under this section, the member has no further rights in the prior system.</text> </level> </level> <level label="e"> <text>If a member withdrew the member’s accumulated contributions after the prior separation from employment, the member shall:</text> <level label="1"> <text>redeposit any of the amounts withdrawn with regular interest to the date of redeposit; or</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="f"> <level label="1"> <text>A member subject to the contributory pension benefit may combine prior credit for eligibility service with the member’s current service by depositing into the annuity savings fund:</text> <level label="i"> <text>for prior eligibility service earned before July 1, 1998, an amount equal to the member contributions that would have been made if the rate of member contributions was the same as the contribution rate in effect for the contributory pension benefit on the date the application to combine prior credit for eligibility service is submitted;</text> </level> <level label="ii"> <text>for prior eligibility service earned on or after July 1, 1998, an amount equal to the member contributions that would have been made if the rate of member contributions was the same as the contribution rate in effect for the contributory pension benefit when the prior eligibility service was earned; and</text> </level> <level label="iii"> <text>regular interest on the amounts under items (i) and (ii) of this paragraph, at the rate specified under § 23–213 of this title.</text> </level> </level> <level label="2"> <level label="i"> <text>A member’s accumulated contributions attributable to prior credit for eligibility service that is combined under this section shall be credited to the amounts required to be deposited under paragraph (1) of this subsection.</text> </level> <level label="ii"> <text>If a member’s accumulated contributions attributable to prior credit for eligibility service exceed the amount required to be deposited under paragraph (1) of this subsection, the accumulated contributions in excess of the amount determined under paragraph (1) of this subsection shall be refunded on request, subject to § 414(h)(2) of the Internal Revenue Code.</text> </level> </level> </level> <level label="g"> <level label="1"> <text>A member subject to the Alternate Contributory Pension Selection may combine prior credit for eligibility service with the member’s current service by depositing into the annuity savings fund:</text> <level label="i"> <text>for prior eligibility service earned before July 1, 1998, an amount equal to the member contributions that would have been made if the rate of member contributions was the same as the contribution rate in effect for the Alternate Contributory Pension Selection on the date the application to combine prior credit for eligibility service is submitted;</text> </level> <level label="ii"> <text>for prior eligibility service earned on or after July 1, 1998, an amount equal to the member contributions that would have been made if the rate of member contributions was the same as the contribution rate in effect for the Alternate Contributory Pension Selection when the prior eligibility service was earned; and</text> </level> <level label="iii"> <text>regular interest on the amounts under items (i) and (ii) of this paragraph, at the rate specified under § 23–213 of this title.</text> </level> </level> <level label="2"> <level label="i"> <text>A member’s accumulated contributions attributable to prior credit for eligibility service that is combined under this section shall be credited to the amounts required to be deposited under paragraph (1) of this subsection.</text> </level> <level label="ii"> <text>If a member’s accumulated contributions attributable to prior credit for eligibility service exceed the amount required to be deposited under paragraph (1) of this subsection, the accumulated contributions in excess of the amount determined under paragraph (1) of this subsection shall be refunded on request, subject to § 414(h)(2) of the Internal Revenue Code.</text> </level> </level> </level> <level label="h"> <level label="1"> <text>A member subject to the Reformed Contributory Pension Benefit may combine prior credit for eligibility service with the member’s current service by depositing into the annuity savings fund:</text> <level label="i"> <text>for prior eligibility service earned before July 1, 2011, an amount equal to the member contributions that would have been made if the rate of member contributions was the same as the contribution rate in effect for the Reformed Contributory Pension Benefit on the date the application to combine prior credit for eligibility service is submitted;</text> </level> <level label="ii"> <text>for prior eligibility service earned on or after July 1, 2011, an amount equal to the member contributions that would have been made if the rate of member contributions was the same as the contribution rate in effect for the Reformed Contributory Pension Benefit when the prior eligibility service was earned; and</text> </level> <level label="iii"> <text>regular interest on the amounts under items (i) and (ii) of this paragraph, at the rate specified under § 23–213 of this title.</text> </level> </level> <level label="2"> <level label="i"> <text>A member’s accumulated contributions attributable to prior credit for eligibility service that is combined under this section shall be credited to the amounts required to be deposited under paragraph (1) of this subsection.</text> </level> <level label="ii"> <text>If a member’s accumulated contributions attributable to prior credit for eligibility service exceed the amount required to be deposited under paragraph (1) of this subsection, the accumulated contributions in excess of the amount determined under paragraph (1) of this subsection shall be refunded on request, subject to § 414(h)(2) of the Internal Revenue Code.</text> </level> </level> </level> <level label="i"> <level label="1"> <text>Subject to subsection (c) of this section, a member subject to the noncontributory pension benefit may combine prior credit for eligibility service with the member’s current service by depositing into the annuity savings fund:</text> <level label="i"> <text>an amount equal to the member contributions that would have been made if the rate of member contributions was the same as the contribution rate in effect for the noncontributory pension benefit when the prior eligibility service was earned; and</text> </level> <level label="ii"> <text>regular interest on the amounts under item (i) of this paragraph, at the rate specified under § 23–213 of this title.</text> </level> </level> <level label="2"> <level label="i"> <text>A member’s accumulated contributions attributable to prior credit for eligibility service that is combined under this section shall be credited to the amounts required to be deposited under paragraph (1) of this subsection.</text> </level> <level label="ii"> <text>If a member’s accumulated contributions attributable to prior credit for eligibility service exceed the amount required to be deposited under paragraph (1) of this subsection, the accumulated contributions in excess of the amount determined under paragraph (1) of this subsection shall be refunded on request, subject to § 414(h)(2) of the Internal Revenue Code.</text> </level> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-304" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="3" subtitle_name="Service Credit"> <text>A member is entitled to eligibility service that equals:</text> <level label="1"> <text>the member’s service credit transferred from a retirement or pension system under Title 37 of this article;</text> </level> <level label="2"> <text>for a member who has transferred to the Employees’ Pension System from the Employees’ Retirement System or to the Teachers’ Pension System from the Teachers’ Retirement System, the member’s creditable service recognized under the previous system through the date before the member became a member of the current system;</text> </level> <level label="3"> <text>for a member of the Employees’ Pension System, the member’s service credit transferred from a retirement or pension system under Title 31, Subtitle 1 of this article; and</text> </level> <level label="4"> <text>for a member who has transferred between the Employees’ Pension System and the Teachers’ Pension System, the member’s eligibility service under the previous system through the date before the member became a member of the current system if the member:</text> <level label="i"> <text>is not subject to the noncontributory pension benefit in both the current and previous systems;</text> </level> <level label="ii"> <text>is subject to the contributory pension benefit in both the current and previous systems;</text> </level> <level label="iii"> <text>is subject to the Alternate Contributory Pension Selection in both the current and previous systems; or</text> </level> <level label="iv"> <text>is subject to the Reformed Contributory Pension Benefit in both the current and previous systems.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-304.1" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="3" subtitle_name="Service Credit"> <level label="a"> <text>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.</text> </level> <level label="b"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>For good cause shown, the Executive Director, in the Executive Director’s sole discretion, may extend the time period to purchase service credit under paragraph (1) of this subsection if:</text> <level label="i"> <text>the purchased service credit would allow the member to meet the eligibility service requirements to apply for an ordinary disability retirement under § 29–105(a) of this article; and</text> </level> <level label="ii"> <text>the member completes the purchase of the service credit before the earlier of:</text> <level label="1"> <text>4 years after the expiration of the leave of absence; or</text> </level> <level label="2"> <text>the date membership ends.</text> </level> </level> </level> <level label="3"> <text>The Board of Trustees shall adopt regulations to carry out this subsection.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-305" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="3" subtitle_name="Service Credit"> <text>A member is entitled to eligibility service equal to the military service credit granted under Title 38 of this article.</text> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-306" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="3" subtitle_name="Service Credit"> <level label="a"> <text>A member is entitled to eligibility service during a leave of absence if the leave of absence:</text> <level label="1"> <text>is approved by the Board of Trustees under regulations that apply to all members similarly situated; and</text> </level> <level label="2"> <text>is not otherwise recognized as eligibility service under this subtitle.</text> </level> </level> <level label="b"> <text>To receive service credit for a leave of absence described under subsection (a) of this section, a member shall pay the member contributions with regular interest, if any, as determined by the Board of Trustees under regulations that apply to all members similarly situated.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-306.1" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="3" subtitle_name="Service Credit"> <level label="a"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, a member of the Employees’ Pension System who is an additional employee or agent of the State Racing Commission authorized by § 11–207 of the Business Regulation Article is entitled to eligibility service for any service on or after January 1, 1986, as an additional employee or agent of the State Racing Commission.</text> </level> <level label="2"> <text>For the purpose of computing benefits under this Division II, a member of the Employees’ Pension System who is an additional employee or agent of the State Racing Commission authorized by § 11–207 of the Business Regulation Article is entitled to creditable service for service on or after the initial date of employment or July 1, 1991, whichever is later.</text> </level> </level> <level label="b"> <text>If the Board of Trustees determines that the eligibility service and creditable service granted in subsection (a) of this section creates an unfunded liability to the Employees’ Pension System, the licensees of the State Racing Commission shall pay, over a period of 25 years, an amount sufficient to amortize the unfunded liability.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-306.2" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="3" subtitle_name="Service Credit"> <level label="a"> <text>A member who is subject to the contributory pension benefit, the Alternate Contributory Pension Selection, or the Reformed Contributory Pension Benefit may purchase service credit as provided in subsection (b) of this section for periods of employment described in subsection (c) of this section for which the member is not otherwise entitled.</text> </level> <level label="b"> <level label="1"> <text>A member who purchases service credit under this section shall:</text> <level label="i"> <text>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</text> </level> <level label="ii"> <text>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 if the member had earned the prior service in the same part of the Employees’ Pension System or Teachers’ Pension System in which the member is currently enrolled, plus regular interest to the date of payment.</text> </level> </level> <level label="2"> <text>A member may pay for service credit purchased under this section at any time before retirement.</text> </level> <level label="3"> <text>Subject to § 414(h)(2) of the Internal Revenue Code, an individual’s accumulated contributions in excess of the amount determined under paragraph (1) of this subsection shall be refunded on request.</text> </level> </level> <level label="c"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, a member may purchase service credit for a period of employment as a member of the Employees’ Pension System or Teachers’ Pension System if the member:</text> <level label="i"> <text>has withdrawn the member’s accumulated contributions after a prior termination of membership; and</text> </level> <level label="ii"> <text>was subject to the contributory pension benefit, the Alternate Contributory Pension Selection, or the Reformed Contributory Pension Benefit when the member previously terminated membership in the Employees’ Pension System or the Teachers’ Pension System.</text> </level> </level> <level label="2"> <text>A member may not purchase eligibility service credit that exceeds the member’s creditable service credit.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-306.3" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="3" subtitle_name="Service Credit"> <level label="a"> <text>This section applies to a member of the Employees’ Pension System or the Teachers’ Pension System who is subject to the contributory pension benefit or the Alternate Contributory Pension Selection.</text> </level> <level label="b"> <text>A member who is subject to the contributory pension benefit is entitled to the eligibility service to which the member was entitled before the separation from employment if the member:</text> <level label="1"> <text>separated from employment on or before June 30, 1998;</text> </level> <level label="2"> <text>was not entitled to a vested allowance from the Employees’ Pension System or the Teachers’ Pension System at the time of the separation from employment;</text> </level> <level label="3"> <text>becomes a member who is subject to the contributory pension benefit on or before June 30, 2003;</text> </level> <level label="4"> <text>completes 1 year of employment as a member who is subject to the contributory pension benefit;</text> </level> <level label="5"> <text>did not transfer to the Employees’ Pension System or the Teachers’ Pension System from the Employees’ Retirement System or the Teachers’ Retirement System after April 1, 1998; and</text> </level> <level label="6"> <text>applies for the prior eligibility service credit by completing a claim for the service credit and filing it with the Board of Trustees on the form that the Board of Trustees provides.</text> </level> </level> <level label="c"> <text>A member who is subject to the Alternate Contributory Pension Selection is entitled to the eligibility service to which the member was entitled before the separation from employment if the member:</text> <level label="1"> <text>was separated from employment for less than 4 years;</text> </level> <level label="2"> <text>was not entitled to a vested allowance from the Employees’ Pension System or the Teachers’ Pension System at the time of separation;</text> </level> <level label="3"> <text>becomes a member who is subject to the Alternate Contributory Pension Selection on or before June 30, 2010;</text> </level> <level label="4"> <text>completes 1 year of employment as a member who is subject to the Alternate Contributory Pension Selection;</text> </level> <level label="5"> <text>did not transfer to the Employees’ Pension System or the Teachers’ Pension System from the Employees’ Retirement System or Teachers’ Retirement System after April 1, 1998;</text> </level> <level label="6"> <text>applies for the prior eligibility service credit by completing a claim for the service credit and filing it with the Board of Trustees on a form that the Board of Trustees provides; and</text> </level> <level label="7"> <text>deposits into the annuity savings fund the member contributions, if any, that would have been due for the period of service if the member had been subject to the Alternate Contributory Pension Selection, plus regular interest on the contributions.</text> </level> </level> <level label="d"> <level label="1"> <text>A member shall receive eligibility service credit under this section by completing a claim for the service credit and filing it with the Board of Trustees on the form that the Board of Trustees provides at any time before retirement.</text> </level> <level label="2"> <text>When a member receives credit for eligibility service under subsection (b) of this section from another system, the member has no further rights in the other system.</text> </level> </level> <level label="e"> <text>If a member withdrew the member’s accumulated contributions after the prior separation from employment, the member shall:</text> <level label="1"> <text>redeposit any of the amounts withdrawn with regular interest to the date of redeposit; or</text> </level> <level label="2"> <text>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.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-307" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="3" subtitle_name="Service Credit"> <level label="a"> <level label="1"> <text>Except as provided in subsection (b) of this section, in the year of retirement, a member of the Employees’ Pension System may purchase credit for eligibility service of up to 10 years for periods of employment described in paragraph (3) of this subsection for which the member is not otherwise entitled to service credit.</text> </level> <level label="2"> <text>To purchase service credit under this subsection, a member must:</text> <level label="i"> <text>complete a claim for the service credit and file it with the Board of Trustees on the form that the Board of Trustees provides; and</text> </level> <level label="ii"> <text>pay to the Board of Trustees an amount equal to the annuity reserve and pension reserve required to fund the additional allowance.</text> </level> </level> <level label="3"> <text>A member may only purchase service credit under this subsection for employment with:</text> <level label="i"> <text>the State;</text> </level> <level label="ii"> <text>a political subdivision in the State;</text> </level> <level label="iii"> <text>an out–of–state school as a teacher;</text> </level> <level label="iv"> <text>the federal government;</text> </level> <level label="v"> <text>an out–of–state political subdivision;</text> </level> <level label="vi"> <text>a public or nonpublic school as a teacher; or</text> </level> <level label="vii"> <text>a postsecondary school as a teacher.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>This subsection does not apply to an employee of a participating governmental unit or a former participating governmental unit that has withdrawn.</text> </level> <level label="2"> <text>In the year of retirement, a member of the Employees’ Pension System may purchase credit for eligibility service for periods of employment with the State for which the member is not otherwise entitled to service credit in a State system.</text> </level> <level label="3"> <text>A member who purchases service credit under this subsection may not purchase:</text> <level label="i"> <text>more than a total of 10 years of service credit in the Employees’ Pension System;</text> </level> <level label="ii"> <text>service credit for any period of employment during which the member participated in the optional retirement program; or</text> </level> <level label="iii"> <text>more than a total of 5 years of service credit in the Employees’ Pension System for employment as a postsecondary school teacher.</text> </level> </level> <level label="4"> <text>To purchase service credit under this subsection, a member must:</text> <level label="i"> <text>complete a claim for the service credit and file it with the Board of Trustees on the form that the Board of Trustees provides; and</text> </level> <level label="ii"> <text>pay to the Board of Trustees an amount equal to one–half of the annuity reserve and one–half of the pension reserve required to fund the additional allowance.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>A member of the Employees’ Pension System may purchase credit for eligibility service for previous service in a position described in § 23-204(a) of this title.</text> </level> <level label="2"> <text>To purchase the service credit, the member must pay in a single payment, the contributions, with interest, that the Board of Trustees considers appropriate.</text> </level> </level> <level label="d"> <level label="1"> <text>A member of the Employees’ Pension System who is employed by a member of the State Senate or House of Delegates for at least 130 days per year as a legislative employee before becoming a member is considered to have been a permanent part–time legislative employee.</text> </level> <level label="2"> <text>A member described in paragraph (1) of this subsection may purchase credit for eligibility service for that period of legislative employment by paying to the Board of Trustees:</text> <level label="i"> <text>for a period of employment on or before December 31, 1979, the sum of:</text> <level label="1"> <text>the amount that the member would have been required to contribute for that period of employment; and</text> </level> <level label="2"> <text>5% regular interest on the member’s contributions, compounded annually; and</text> </level> </level> <level label="ii"> <text>for a period of employment on or after January 1, 1980, the sum of:</text> <level label="1"> <text>one–half of the amount that the member would have been required to contribute for that period of employment;</text> </level> <level label="2"> <text>one–half of the amount that the State would have been required to contribute for the member for that period of employment; and</text> </level> <level label="3"> <text>5% regular interest on the member’s and State’s contributions, compounded annually.</text> </level> </level> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-307.1" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="3" subtitle_name="Service Credit"> <level label="a"> <text>This section applies only to a former member, member, retiree, or surviving beneficiary of the Employees’ Pension System who, while a member, was an employee of a participating governmental unit that elected the contributory pension benefit for its employees under § 31-116 of this article.</text> </level> <level label="b"> <text>Except as provided in subsection (c) of this section, a member who is subject to the contributory pension benefit under Subtitle 2, Part II of this title may purchase credit for eligibility service for the period of employment from July 1, 1998, through the effective date of election of the member’s participating employer, by paying to the Board of Trustees:</text> <level label="1"> <text>on or before June 30, 2003, the amount the member would have been required to contribute for that period of employment; or</text> </level> <level label="2"> <text>on or after July 1, 2003, the amount the member would have been required to contribute for that period of employment plus regular interest compounded annually.</text> </level> </level> <level label="c"> <text>If the member fails to make the payment as provided under subsection (b) of this section, the Board of Trustees shall reduce actuarially the allowance payable to a former member, retiree, or surviving beneficiary of a deceased member, former member, or retiree.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-307.2" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="3" subtitle_name="Service Credit"> <level label="a"> <text>This section applies only to a former member, member, retiree, or surviving beneficiary of the Employees’ Pension System who, while a member, was an employee of Frederick County.</text> </level> <level label="b"> <text>Except as provided in subsection (d) of this section, a member who is subject to the contributory pension benefit under Subtitle 2, Part II of this title may purchase credit for eligibility service for the period of employment from July 1, 1998, through July 1, 2000, by paying to the Board of Trustees:</text> <level label="1"> <text>on or before June 30, 2001, the amount the member would have been required to contribute for that period of employment; or</text> </level> <level label="2"> <text>on or after July 1, 2001, the amount the member would have been required to contribute for that period of employment plus regular interest compounded annually.</text> </level> </level> <level label="c"> <text>Except as provided in subsection (d) of this section, a member who is subject to the Alternate Contributory Pension Selection under Subtitle 2, Part III of this title may purchase credit for eligibility service for the period of employment from July 1, 2006, through July 1, 2007, by paying to the Board of Trustees:</text> <level label="1"> <text>on or before June 30, 2008, the amount the member would have been required to contribute for that period of employment; or</text> </level> <level label="2"> <text>on or after July 1, 2008, the amount the member would have been required to contribute for that period of employment plus regular interest compounded annually.</text> </level> </level> <level label="d"> <text>If the member fails to make the payment as provided under subsection (b) or (c) of this section, the Board of Trustees shall reduce actuarially the allowance payable to a former member, retiree, or surviving beneficiary of a deceased member, former member, or retiree.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-307.3" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="3" subtitle_name="Service Credit"> <level label="a"> <level label="1"> <text>A member of the Employees’ Pension System who as of July 1, 2001, has been employed by the State for at least 40 years on a full-time or part-time basis may purchase credit for eligibility service of up to 10 years for which the member is not otherwise entitled to service credit.</text> </level> <level label="2"> <text>This section does not apply to:</text> <level label="i"> <text>an employee of a participating governmental unit or a former participating governmental unit that has withdrawn; or</text> </level> <level label="ii"> <text>any period of employment during which an individual participated in the optional retirement program.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>A member who purchases service credit under this section shall:</text> <level label="i"> <text>complete a claim for the service credit and file it with the Board of Trustees on the form that the Board of Trustees provides; and</text> </level> <level label="ii"> <text>pay to the Board of Trustees 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.</text> </level> </level> <level label="2"> <text>A member may pay the amount required by paragraph (1)(ii) of this subsection on an installment basis by contributing at least 2% of earnable compensation per year with the appropriate final adjustments being made in the year the member retires.</text> </level> <level label="3"> <text>A member may pay for service credit purchased under this section at any time before retirement.</text> </level> </level> <level label="c"> <level label="1"> <text>A member who purchases service credit under this section may not purchase more than a total of 10 years of service credit for periods of employment with the State.</text> </level> <level label="2"> <text>For service credit purchased under this section, a year or a part of a year of employment equals 1 year of service credit.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-307.4" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="3" subtitle_name="Service Credit"> <level label="a"> <text>This section applies only to a member of the Employees’ Pension System who:</text> <level label="1"> <text>was an employee of the State prior to November 1, 1996;</text> </level> <level label="2"> <text>as of November 1, 1996, was employed by a private vendor to provide child support enforcement services in Baltimore City; and</text> </level> <level label="3"> <text>resumed employment with the State as of November 1, 2002.</text> </level> </level> <level label="b"> <text>A member described in subsection (a) of this section shall 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 July 1, 1998.</text> </level> <level label="c"> <level label="1"> <text>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 from July 1, 1998, through October 31, 2002.</text> </level> <level label="2"> <text>Prior to 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 5% per year compounded annually.</text> </level> <level label="3"> <text>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.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-307.5" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="3" subtitle_name="Service Credit"> <level label="a"> <text>This section applies only to a former member, member, retiree, or surviving beneficiary of the Employees’ Pension System who, while a member, was an employee of a participating governmental unit that elected the Alternate Contributory Pension Selection for its employees under § 31-116.1 of this article.</text> </level> <level label="b"> <text>Except as provided in subsection (c) of this section, a member who is subject to the Alternate Contributory Pension Selection under Subtitle 2, Part III of this title may purchase credit for eligibility service for the period of employment from July 1, 2006, through the effective date of election of the member’s participating employer, by paying to the Board of Trustees:</text> <level label="1"> <text>on or before June 30, 2007, the amount the member would have been required to contribute for that period of employment; or</text> </level> <level label="2"> <text>on or after July 1, 2007, the amount the member would have been required to contribute for that period of employment plus regular interest compounded annually.</text> </level> </level> <level label="c"> <text>If the member fails to make the payment as provided under subsection (b) of this section, the Board of Trustees shall reduce actuarially the allowance payable to a former member, retiree, or surviving beneficiary of a deceased member, former member, or retiree.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-308" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="3" subtitle_name="Service Credit"> <level label="a"> <text>In the year of retirement, a member of the Teachers’ Pension System may purchase credit for eligibility service for periods of employment described in subsection (f) of this section for which the member is not otherwise entitled to service credit.</text> </level> <level label="b"> <text>Except as provided in § 23–308.2 of this subtitle, to purchase service credit under this section, a member must:</text> <level label="1"> <text>complete and file a claim for the service credit with the Board of Trustees on the form that the Board of Trustees provides; and</text> </level> <level label="2"> <text>pay to the Board of Trustees an amount equal to the annuity reserve and pension reserve required to fund the additional allowance.</text> </level> </level> <level label="c"> <text>A member may pay the amount required by subsection (b) of this section by transferring, on written request to the Board of Trustees, any prior contributions to a voluntary retirement benefit, less any costs of administering that benefit.</text> </level> <level label="d"> <text>A member who elects to make payments under subsection (c) of this section and who retires before completing the payments required to purchase this service credit:</text> <level label="1"> <text>is entitled to receive the service credit purchased before the date of retirement; or</text> </level> <level label="2"> <text>may pay at the time of retirement the amount necessary to receive full credit.</text> </level> </level> <level label="e"> <text>The surviving spouse of a member who elects to make payments under subsection (c) of this section may pay for the appropriate final adjustment if:</text> <level label="1"> <text>the member dies while actively employed as a member; and</text> </level> <level label="2"> <text>the deceased member’s service qualifies for a death benefit under § 29–206 of this article.</text> </level> </level> <level label="f"> <text>A member may only purchase service credit under this section for employment:</text> <level label="1"> <text>with an out–of–state public school;</text> </level> <level label="2"> <text>with the federal government;</text> </level> <level label="3"> <text>with a nonpublic school;</text> </level> <level label="4"> <text>with a political subdivision;</text> </level> <level label="5"> <text>as a postsecondary teacher;</text> </level> <level label="6"> <text>with the State;</text> </level> <level label="7"> <text>with a public school as a teacher; or</text> </level> <level label="8"> <text>as a Baltimore City teacher on or before December 31, 1970, on verified leave of absence of not more than 2 years that is similar in all respects to leaves of absence approved by the Board of Trustees.</text> </level> </level> <level label="g"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, the total amount of service credit in the Teachers’ Retirement System or Teachers’ Pension System that a member may purchase under this section and § 23–308.2 of this subtitle may not exceed 10 years.</text> </level> <level label="2"> <text>A member who purchases service credit under this subsection may not purchase more than 5 years of service credit in the Teachers’ Pension System for employment as a postsecondary school teacher.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-308.1" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="3" subtitle_name="Service Credit"> <level label="a"> <text>This section applies only to a former member, member, retiree, or surviving beneficiary of the Employees’ Retirement System or the Teachers’ Retirement System who is subject to the Selection C (Combination Formula) as provided in § 22–221 of this article and to Subtitle 2, Part II of this title.</text> </level> <level label="b"> <text>Except as provided in subsection (c) of this section, a member who is subject to the contributory pension benefit under Subtitle 2, Part II of this title may purchase credit for eligibility service for the period of employment from July 1, 1998, through June 30, 1999, or, if an employee of a participating governmental unit, from July 1, 1998, through the effective date of election of the member’s participating employer, by paying to the Board of Trustees:</text> <level label="1"> <text>on or before June 30, 2000, the amount the member would have been required to contribute for that period of employment; or</text> </level> <level label="2"> <text>on or after July 1, 2000, the amount the member would have been required to contribute for that period of employment plus regular interest compounded annually.</text> </level> </level> <level label="c"> <text>If the member fails to make the payment as provided under subsection (b) of this section, the Board of Trustees shall reduce actuarially the allowance payable to a former member, retiree, or surviving beneficiary of a deceased member, former member, or retiree.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-308.2" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="3" subtitle_name="Service Credit"> <level label="a"> <text>For periods of employment as a member of the Teachers’ Retirement System or the Teachers’ Pension System for which the member is not otherwise entitled to service credit, a member of the Teachers’ Pension System may purchase credit for eligibility service as provided in this section.</text> </level> <level label="b"> <text>The total amount of service credit in the Teachers’ Retirement System or Teachers’ Pension System that a member may purchase under this section and § 23-308 of this subtitle may not exceed 10 years.</text> </level> <level label="c"> <text>A member who purchases service credit under this section may not purchase service credit for any period of employment during which the member participated in the optional retirement program.</text> </level> <level label="d"> <text>To purchase service credit under this section, a member must:</text> <level label="1"> <text>complete a claim for the service credit and file it with the Board of Trustees on the form that the Board of Trustees provides; and</text> </level> <level label="2"> <text>pay to the Board of Trustees an amount equal to one-half of the annuity reserve and one-half of the pension reserve required to fund the additional allowance.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-309" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="3" subtitle_name="Service Credit"> <level label="a"> <text>For the purpose of computing benefits under this title, creditable service consists of:</text> <level label="1"> <text>eligibility service as adjusted under subsection (b) of this section; and</text> </level> <level label="2"> <text>credit for unused sick leave as provided in § 20-206 of this article and § 23-310 of this subtitle.</text> </level> </level> <level label="b"> <level label="1"> <text>This subsection does not apply to eligibility service that consists of:</text> <level label="i"> <text>service credit transferred from another retirement or pension system;</text> </level> <level label="ii"> <text>military service credit granted under Title 38 of this article; or</text> </level> <level label="iii"> <text>service credit purchased under this subtitle.</text> </level> </level> <level label="2"> <text>The Board of Trustees shall adjust a member’s eligibility service as provided in this subsection.</text> </level> <level label="3"> <level label="i"> <text>The Board of Trustees shall adopt regulations to determine for any fiscal year the amount of creditable service that equals the eligibility service for a member who has completed less than the normal hours of employment for the member’s position.</text> </level> <level label="ii"> <text>The normal hours of employment for a position equals the minimum number of hours to be completed by a full-time employee serving in the member’s position.</text> </level> <level label="iii"> <text>The creditable service recognized for a fiscal year may not be less than the eligibility service for the member multiplied by a fraction not to exceed 1 that has:</text> <level label="1"> <text>as its numerator, the number of hours of employment as a member that the member has completed during that year; and</text> </level> <level label="2"> <text>as its denominator, the normal number of hours of employment for the member’s position.</text> </level> </level> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-310" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="3" subtitle_name="Service Credit"> <text>The Board of Trustees shall treat a member’s credit for unused sick leave as creditable service on or after July 1, 1998, if at the time of retirement, the member is:</text> <level label="1"> <text>subject to the contributory pension benefit or the Alternate Contributory Pension Selection; and</text> </level> <level label="2"> <text>entitled to service credit for unused sick leave under § 20–206 of this article.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-401" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="4" subtitle_name="Service Retirement Benefits"> <level label="a"> <text>Except as provided in subsection (f) of this section, a member may retire with a normal service retirement allowance if:</text> <level label="1"> <text>the member completes and submits a written application to the Board of Trustees stating the date when the member desires to retire; and</text> </level> <level label="2"> <text>on or before the date of retirement, the member:</text> <level label="i"> <text>has at least 30 years of eligibility service;</text> </level> <level label="ii"> <text>has a combined total of at least 30 years of eligibility service from the Employees’ Pension System, the Teachers’ Pension System, the Employees’ Retirement System, or the Teachers’ Retirement System; or</text> </level> <level label="iii"> <text>has attained the age and the years of eligibility service as follows:</text> <text>Age Years of Eligibility</text> <text>Service</text> <text>62 with 5</text> <text>63 with 4</text> <text>64 with 3</text> <text>65 or more with 2</text> </level> </level> </level> <level label="b"> <text>Except as provided in subsections (c), (d), (e), (f), and (g) of this section, on retirement under this section, a member is entitled to receive a normal service retirement allowance that equals the number of years of the member’s creditable service multiplied by:</text> <level label="1"> <level label="0"> <text>8% of the member’s average final compensation that is not in excess of the Social Security integration level; and</text> </level> </level> <level label="2"> <level label="1"> <text>5% of the member’s average final compensation that exceeds the Social Security integration level.</text> </level> </level> </level> <level label="c"> <text>Except as provided in subsections (e) and (g) of this section, on retirement under this section, a member who is subject to the contributory pension benefit under Subtitle 2, Part II of this title is entitled to receive a normal service retirement allowance that equals the sum of:</text> <level label="1"> <text>the number of years of the member’s creditable service on or after July 1, 1998 multiplied by 1.4% of the member’s average final compensation; and</text> </level> <level label="2"> <text>the greater of:</text> <level label="i"> <text>the number of years of the member’s creditable service on or before June 30, 1998 multiplied by 1.2% of the member’s average final compensation; or</text> </level> <level label="ii"> <text>the number of years of the member’s creditable service on or before June 30, 1998 multiplied by:</text> <level label="1"> <level label="0"> <text>8% of the member’s average final compensation that is not in excess of the Social Security integration level; and</text> </level> </level> <level label="2"> <level label="1"> <text>5% of the member’s average final compensation that exceeds the Social Security integration level.</text> </level> </level> </level> </level> </level> <level label="d"> <text>Except as provided in subsections (e) and (g) of this section, a member who is subject to the Alternate Contributory Pension Selection under Subtitle 2, Part III of this title is entitled to receive a normal service retirement allowance that equals the sum of:</text> <level label="1"> <text>the greater of:</text> <level label="i"> <text>the number of years of the member’s creditable service on or before June 30, 1998 multiplied by 1.2% of the member’s average final compensation; or</text> </level> <level label="ii"> <text>the number of years of the member’s creditable service on or before June 30, 1998 multiplied by:</text> <level label="1"> <level label="0"> <text>8% of the member’s average final compensation that is not in excess of the Social Security integration level; and</text> </level> </level> <level label="2"> <level label="1"> <text>5% of the member’s average final compensation that exceeds the Social Security integration level; and</text> </level> </level> </level> </level> <level label="2"> <text>the number of years of the member’s creditable service on or after July 1, 1998 multiplied by 1.8% of the member’s average final compensation.</text> </level> </level> <level label="e"> <level label="1"> <text>This subsection applies only to a member who has a combined total of 30 years of eligibility service as provided in subsection (a)(2)(ii) of this section.</text> </level> <level label="2"> <text>A member is entitled to receive a normal service retirement allowance that equals:</text> <level label="i"> <text>an allowance based on the creditable service the member earned in the Employees’ Pension System;</text> </level> <level label="ii"> <text>an allowance based on the creditable service the member earned in the Employees’ Retirement System;</text> </level> <level label="iii"> <text>an allowance based on the creditable service the member earned in the Teachers’ Pension System; plus</text> </level> <level label="iv"> <text>an allowance based on the creditable service the member earned in the Teachers’ Retirement System.</text> </level> </level> </level> <level label="f"> <level label="1"> <text>A member who begins membership on or after July 1, 2011, may retire with a normal service retirement allowance if:</text> <level label="i"> <text>the member completes and submits a written application to the Board of Trustees stating the date when the member desires to retire; and</text> </level> <level label="ii"> <text>on or before the date of retirement, the member:</text> <level label="1"> <text>has at least 90 years of combined age and years of eligibility service; or</text> </level> <level label="2"> <text>is at least 65 years old and has at least 10 years of eligibility service.</text> </level> </level> </level> <level label="2"> <text>Except as provided in subsection (g) of this section, a member who is subject to the reformed contributory pension benefit under Subtitle 2, Part IV of this title is entitled to receive a normal service retirement that equals the number of years of the member’s creditable service multiplied by 1.5% of the member’s average final compensation.</text> </level> </level> <level label="g"> <text>On retirement under this section, if a member’s annuity is greater than the member’s normal service retirement allowance calculated under this section, the member’s normal service retirement allowance shall equal the member’s annuity.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-402" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="4" subtitle_name="Service Retirement Benefits"> <level label="a"> <text>Except as provided in subsection (b) of this section, a member may retire with an early service retirement allowance if:</text> <level label="1"> <text>the member completes and submits a written application to the Board of Trustees stating the date when the member desires to retire; and</text> </level> <level label="2"> <text>on or before the date of retirement, the member:</text> <level label="i"> <text>has at least 15 years but less than 30 years of eligibility service; and</text> </level> <level label="ii"> <text>is at least 55 but less than 62 years old.</text> </level> </level> </level> <level label="b"> <text>A member who begins membership on or after July 1, 2011, may retire with an early service retirement allowance if:</text> <level label="1"> <text>the member completes and submits a written application to the Board of Trustees stating the date when the member desires to retire; and</text> </level> <level label="2"> <text>on or before the date of retirement, the member:</text> <level label="i"> <text>has at least 15 years of eligibility service; and</text> </level> <level label="ii"> <text>is at least 60 but less than 65 years old.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, on retirement under this section, a member is entitled to receive an early service retirement allowance that equals the normal service retirement allowance under § 23–401 of this subtitle, reduced by 0.5% for each month that the member’s early retirement date precedes the date the member will be 62 years old.</text> </level> <level label="2"> <text>On retirement under this section, a member who begins membership on or after July 1, 2011, is entitled to receive an early service retirement allowance that equals the normal service retirement allowance to which the member would otherwise be entitled under § 23–401 of this subtitle, reduced by 0.5% for each month that the member’s early retirement date precedes the date the member will be 65 years old.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-403" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="4" subtitle_name="Service Retirement Benefits"> <level label="a"> <text>This section applies to a former member who:</text> <level label="1"> <text>was eligible for a retirement allowance under § 23-401 or § 23-402 of this subtitle when the former member’s membership terminated;</text> </level> <level label="2"> <text>did not submit a written application under § 23-401 or § 23-402 of this subtitle before membership terminated; and</text> </level> <level label="3"> <text>has not withdrawn the former member’s accumulated contributions, if any.</text> </level> </level> <level label="b"> <level label="1"> <text>A former member described in subsection (a) of this section may retire with a retirement allowance under § 23-401 or § 23-402 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.</text> </level> <level label="2"> <text>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.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-404" title_number="23" title_name="Employees' and Teachers' Pension 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 Office of 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’ Pension System who qualifies under subsection (c) of this section a normal service retirement allowance, 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 normal service retirement allowance 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 the 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’ Pension System;</text> </level> <level label="iii"> <text>the retiree shall make member contributions as provided in this title; 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 allowance, on the subsequent retirement, may not exceed the sum of:</text> <level label="i"> <text>the allowance the retiree was receiving during the previous retirement; and</text> </level> <level label="ii"> <text>the allowance that has accrued on account of creditable service earned after the previous retirement.</text> </level> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-405" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="4" subtitle_name="Service Retirement Benefits"> <level label="a"> <text>When a member of the Employees’ Retirement System or the Teachers’ Retirement System transfers on or before December 31, 2004, to the Employees’ Pension System or the Teachers’ Pension System, the Board of Trustees shall allocate any amounts transferred from the Annuity Savings Fund as provided in subsections (b) and (c) of this section.</text> </level> <level label="b"> <level label="1"> <text>This subsection does not apply to a member’s employer pickup contributions.</text> </level> <level label="2"> <text>A member who transfers to a pension system under subsection (a) of this section is eligible to receive within 90 days after the date of transfer a refund of the member contributions described in paragraph (3) of this subsection, plus interest computed as provided in paragraph (5) of this subsection, unless the member elects to have any part of the member contributions described in paragraph (3) of this subsection transferred as additional contributions to the annuity savings fund of the pension system to which the member is transferring.</text> </level> <level label="3"> <text>The amount to be refunded under this subsection is the amount obtained by multiplying the total of the member contributions attributed to that member by a fraction not exceeding 1, that has:</text> <level label="i"> <text>as its numerator, the member’s average taxable wage base for the 3 calendar years immediately preceding the calendar year of transfer; and</text> </level> <level label="ii"> <text>as its denominator, the average of the member’s annual earnable compensation as of the end of the preceding 3 fiscal years.</text> </level> </level> <level label="4"> <text>The Board of Trustees shall transfer for the member’s benefit the balance, if any, of the member’s contributions plus regular interest to the annuity savings fund of the pension system to which the member is transferring.</text> </level> <level label="5"> <level label="i"> <text>The interest rate to be applied to the member contributions under paragraph (2) of this subsection is the average rate of interest, compounded yearly, for the 5 fiscal years preceding the calendar year of transfer.</text> </level> <level label="ii"> <text>The rate of interest for each fiscal year that is used to compute the average rate of interest under subparagraph (i) of this paragraph equals the sum of the investment income and the realized gains and losses divided by the book value of the total investments.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>If a member transfers to a pension system under subsection (a) of this section, the Board of Trustees shall transfer the member’s employer pickup contributions for the member’s benefit to the annuity savings fund of the pension system to which the member is transferring.</text> </level> <level label="2"> <text>The Board of Trustees shall transfer:</text> <level label="i"> <text>as additional contributions, the part of a member’s employer pickup contributions obtained by multiplying the member’s total employer pickup contributions as of the date of transfer by the fraction specified in subsection (b)(3) of this section, plus interest computed as provided in paragraph (3) of this subsection; and</text> </level> <level label="ii"> <text>as member contributions, any balance of the member’s employer pickup contributions plus regular interest.</text> </level> </level> <level label="3"> <level label="i"> <text>The interest rate to be applied to the member contributions under paragraph (2) of this subsection is the average rate of interest, compounded yearly, for the 5 fiscal years preceding the calendar year of transfer.</text> </level> <level label="ii"> <text>The rate of interest for each fiscal year that is used to compute the average rate of interest under subparagraph (i) of this paragraph equals the sum of the investment income and the realized gains and losses divided by the book value of the total investments.</text> </level> </level> </level> <level label="d"> <text>On retirement or other withdrawal from service on the basis of which an allowance is payable, the member’s additional contributions, including any employer pickup contributions transferred as additional contributions, with interest, shall be paid either in cash or as an additional allowance equal to an annuity that is the actuarial equivalent of that amount, in the same manner as the benefit otherwise payable under the Employees’ Pension System or Teachers’ Pension System.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-406" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="4" subtitle_name="Service Retirement Benefits"> <level label="a"> <text>The Board of Trustees shall reduce a member’s allowance if the member:</text> <level label="1"> <text>received any accumulated contributions, other than additional contributions, in connection with a prior separation from employment;</text> </level> <level label="2"> <text>is credited with prior eligibility service; and</text> </level> <level label="3"> <text>does not repay, with interest to the date of retirement, the amount received.</text> </level> </level> <level label="b"> <text>A reduction under subsection (a) of this section shall equal the actuarial equivalent of the amount, including interest, that is not repaid.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-407" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="4" subtitle_name="Service Retirement Benefits"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>Except as provided in subsection (d) of this section, an individual who is receiving a service retirement allowance or a vested allowance may accept employment with a participating employer on a permanent, temporary, or contractual basis, if:</text> <level label="1"> <text>the individual immediately notifies the Board of Trustees of the individual’s intention to accept this employment; and</text> </level> <level label="2"> <text>the individual specifies the compensation to be received.</text> </level> </level> <level label="c"> <level label="1"> <text>Except as provided in § 23–408 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:</text> <level label="i"> <text>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;</text> </level> <level label="ii"> <level label="1"> <text>the individual’s current employer is any unit of State government; and</text> </level> <level label="2"> <text>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</text> </level> </level> <level label="iii"> <text>the individual becomes reemployed within 12 months of receiving an early service retirement allowance or an early vested allowance computed under § 23–402 of this subtitle.</text> </level> </level> <level label="2"> <level label="i"> <text>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:</text> <level label="1"> <text>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</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="ii"> <level label="1"> <text>This subparagraph applies to a retiree of the Teachers’ Pension System who as faculty receiving a 10–month salary, retired directly from:</text> </level> <level label="A"> <text>the University System of Maryland;</text> </level> <level label="B"> <text>Morgan State University;</text> </level> <level label="C"> <text>St. Mary’s College; or</text> </level> <level label="D"> <text>a community college established or operating under Title 16 of the Education Article.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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:</text> </level> <level label="A"> <text>bonuses;</text> </level> <level label="B"> <text>overtime;</text> </level> <level label="C"> <text>summer school salaries;</text> </level> <level label="D"> <text>adult education salary;</text> </level> <level label="E"> <text>additional temporary payments from special research projects;</text> </level> <level label="F"> <text>honorariums; and</text> </level> <level label="G"> <text>vehicle stipends.</text> </level> </level> <level label="iii"> <text>Any reduction taken under this subsection may not reduce the retiree’s allowance to an amount less than the required deduction for:</text> <level label="1"> <text>if the retiree retired from any unit of State government, the retiree’s monthly State–approved medical insurance premiums; or</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="iv"> <text>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.</text> </level> </level> <level label="3"> <text>A reduction of an early service retirement allowance or an early vested allowance under paragraph (1)(iii) of this subsection shall be applied only until the individual has received an allowance for 12 months.</text> </level> <level label="4"> <text>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:</text> <level label="i"> <text>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;</text> </level> <level label="ii"> <text>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;</text> </level> <level label="iii"> <text>an individual who has been retired for 5 years, beginning on January 1 after the date the individual retires;</text> </level> <level label="iv"> <text>a retiree of the Teachers’ Pension System who:</text> <level label="1"> <text>is or has been certified to teach in the State;</text> </level> <level label="2"> <text>has verification of satisfactory or better performance in the last assignment prior to retirement;</text> </level> <level label="3"> <text>based on the retired teacher’s qualifications, has been appointed in accordance with § 4–103 of the Education Article; and</text> </level> <level label="4"> <text>receives verification of satisfactory or better performance each year the teacher is employed under paragraph (5) of this subsection;</text> </level> </level> <level label="v"> <text>a retiree of the Teachers’ Pension System who:</text> <level label="1"> <level label="A"> <text>was employed as a principal within 5 years of retirement; or</text> </level> </level> <level label="B"> <text>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;</text> </level> <level label="2"> <text>has verification of satisfactory performance for each year as a principal and, if applicable, in a position supervising principals prior to retirement;</text> </level> <level label="3"> <text>based on the retiree’s qualifications, has been hired as a principal; and</text> </level> <level label="4"> <text>receives verification of satisfactory performance each year the retiree is employed as a principal under paragraph (6) of this subsection;</text> </level> </level> <level label="vi"> <text>a retiree of the Employees’ Pension 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:</text> <level label="1"> <text>a State residential center as defined in § 7–101 of the Health – General Article;</text> </level> <level label="2"> <text>a chronic disease center subject to Title 19, Subtitle 5 of the Health – General Article;</text> </level> <level label="3"> <text>a State facility as defined in § 10–101 of the Health – General Article;</text> </level> <level label="4"> <text>a local health department subject to Title 3, Subtitle 2 of the Health – General Article; or</text> </level> <level label="5"> <text>the Office of the Chief Medical Examiner;</text> </level> </level> <level label="vii"> <text>a retiree of the Employees’ Pension 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;</text> </level> <level label="viii"> <text>a retiree of the Employees’ Pension 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</text> </level> <level label="ix"> <text>a retiree of the Teachers’ Pension 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.</text> </level> </level> <level label="5"> <level label="i"> <text>An individual who is rehired under paragraph (4)(iv) of this subsection shall be employed as a classroom teacher, substitute classroom teacher, or teacher mentor in:</text> <level label="1"> <text>a public school that:</text> </level> <level label="A"> <text>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;</text> </level> <level label="B"> <text>is receiving funds under Title 1 of the federal Elementary and Secondary Education Act;</text> </level> <level label="C"> <text>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</text> </level> <level label="D"> <text>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</text> </level> <level label="2"> <text>the Maryland School for the Deaf.</text> </level> </level> <level label="ii"> <text>An individual rehired at a school described under subparagraph (i) of this paragraph shall teach:</text> <level label="1"> <text>in an area of critical shortage;</text> </level> <level label="2"> <text>a special education class for students with special needs; or</text> </level> <level label="3"> <text>a class for students with limited English proficiency.</text> </level> </level> </level> <level label="6"> <text>An individual who is rehired under paragraph (4)(v) of this subsection shall be employed as a principal at:</text> <level label="i"> <text>a public school that:</text> <level label="1"> <text>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;</text> </level> <level label="2"> <text>is receiving funds under Title 1 of the federal Elementary and Secondary Education Act;</text> </level> <level label="3"> <text>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</text> </level> <level label="4"> <text>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</text> </level> </level> <level label="ii"> <text>the Maryland School for the Deaf.</text> </level> </level> <level label="7"> <text>An individual who is reemployed under paragraph (4)(iv) or (v) 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.</text> </level> <level label="8"> <level label="i"> <text>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’ Pension System in any position in the superintendent’s local school system or the Maryland School for the Deaf.</text> </level> <level label="ii"> <text>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 § 22–406(c)(8)(i) of this article for that same local school system or the Maryland School for the Deaf.</text> </level> </level> <level label="9"> <level label="i"> <text>The superintendent of the local school system or the superintendent of the Maryland School for the Deaf rehiring an individual under paragraph (4)(iv) or (v) of this subsection shall:</text> <level label="1"> <text>approve the rehiring of that individual; and</text> </level> <level label="2"> <text>determine the school where the individual is to be reemployed.</text> </level> </level> <level label="ii"> <text>Within 30 days after rehiring an individual under paragraph (4)(iv) or (v) 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)(iv) or (v) of this subsection:</text> <level label="1"> <text>satisfied the criteria provided in paragraph (4)(iv) or (v) of this subsection;</text> </level> <level label="2"> <text>was reemployed at a school described under paragraph (5)(i) or (6) of this subsection; and</text> </level> <level label="3"> <text>if rehired under paragraph (4)(iv) of this subsection, was teaching in an area specified in paragraph (5)(ii) of this subsection.</text> </level> </level> <level label="iii"> <text>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.</text> </level> <level label="iv"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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)(iv) and (5), paragraphs (4)(v) and (6), or paragraph (8) of this subsection:</text> </level> <level label="A"> <text>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</text> </level> <level label="B"> <text>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.</text> </level> </level> <level label="v"> <text>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)(iv) or (v) 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:</text> <level label="1"> <text>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</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="vi"> <text>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.</text> </level> </level> <level label="10"> <text>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:</text> <level label="i"> <text>the number of individuals rehired under paragraph (4)(iv) or (v) or (8) of this subsection;</text> </level> <level label="ii"> <level label="1"> <text>the school and school system where each individual was rehired; and</text> </level> <level label="2"> <text>whether the school:</text> </level> <level label="A"> <text>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;</text> </level> <level label="B"> <text>was receiving funds under Title 1 of the federal Elementary and Secondary Education Act;</text> </level> <level label="C"> <text>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</text> </level> <level label="D"> <text>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;</text> </level> </level> <level label="iii"> <text>the original date of rehire for each individual;</text> </level> <level label="iv"> <text>the subject matter taught by each individual;</text> </level> <level label="v"> <text>if hired under paragraph (8) of this subsection, the position title of each individual;</text> </level> <level label="vi"> <text>the annual salary of each individual; and</text> </level> <level label="vii"> <text>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.</text> </level> </level> </level> <level label="d"> <text>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:</text> <level label="1"> <text>the State or other participating employer; or</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="e"> <text>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.</text> </level> <level label="f"> <text>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.</text> </level> <level label="g"> <text>The State Retirement Agency shall institute appropriate reporting procedures with the affected payroll systems to ensure compliance with this section.</text> </level> <level label="h"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="i"> <text>The State Department of Education shall adopt regulations to carry out this section.</text> </level> <level label="j"> <text>At the request of the State Retirement Agency:</text> <level label="1"> <text>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</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="k"> <text>The Maryland Department of Health shall notify the State Retirement Agency of any retirees who qualify under subsection (c)(4)(vi) of this section.</text> </level> <level label="l"> <text>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:</text> <level label="1"> <text>the number of rehired retirees under subsection (c)(4)(vi) of this section;</text> </level> <level label="2"> <text>the annual salary of each rehired retiree at the time of retirement and the current annual salary of each rehired retiree;</text> </level> <level label="3"> <text>the number of health care practitioners hired who are not retirees; and</text> </level> <level label="4"> <text>the annual salary of each health care practitioner who is hired.</text> </level> </level> <level label="m"> <text>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:</text> <level label="1"> <level label="i"> <text>the number of rehired retirees under subsection (c)(4)(iv) and (v) and (8) of this section;</text> </level> <level label="ii"> <level label="1"> <text>the school and school system where each retiree was rehired; and</text> </level> <level label="2"> <text>whether the school:</text> </level> <level label="A"> <text>was not making adequate yearly progress or was a school in need of improvement as defined under the federal No Child Left Behind Act of 2001 and as implemented by the State Department of Education;</text> </level> <level label="B"> <text>was receiving funds under Title 1 of the federal No Child Left Behind Act of 2001;</text> </level> <level label="C"> <text>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</text> </level> <level label="D"> <text>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;</text> </level> </level> <level label="iii"> <text>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;</text> </level> <level label="iv"> <text>the subject matter that each rehired retiree was teaching;</text> </level> <level label="v"> <text>the salary of each rehired retiree;</text> </level> <level label="vi"> <text>the total number of years each retiree has been reemployed at the school where the retiree was rehired for the previous school year; and</text> </level> <level label="vii"> <text>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</text> </level> </level> <level label="2"> <text>the number of retirees rehired under subsection (c)(8) of this section.</text> </level> </level> <level label="n"> <text>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:</text> <level label="1"> <text>the number of rehired retirees under subsection (c)(4)(viii) of this section;</text> </level> <level label="2"> <text>the annual salary of each rehired retiree at the time of retirement and the current annual salary of each rehired retiree;</text> </level> <level label="3"> <text>the number of parole and probation employees hired who are not retirees; and</text> </level> <level label="4"> <text>the annual salary of each parole and probation employee who is hired.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-408" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="4" subtitle_name="Service Retirement Benefits"> <level label="a"> <text>This section applies to an individual who:</text> <level label="1"> <text>is eligible for membership in the Judges’ Retirement System as provided in § 27–201(a) of this article; and</text> </level> <level label="2"> <level label="i"> <text>is receiving a service retirement allowance from the Employees’ Pension System at the time of appointment in item (1) of this subsection; or</text> </level> <level label="ii"> <level label="1"> <text>has earned a vested allowance from the Employees’ Pension System; and</text> </level> <level label="2"> <text>begins receiving the vested allowance while serving as a judge described in item (1) of this subsection.</text> </level> </level> </level> </level> <level label="b"> <text>An individual described in subsection (a) of this section may elect to receive service credit in the Judges’ Retirement System.</text> </level> <level label="c"> <level label="1"> <text>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.</text> </level> <level label="2"> <level label="i"> <text>An individual shall file a form described in paragraph (1) of this subsection with the Board of Trustees:</text> <level label="1"> <text>if the individual is receiving a service retirement allowance from the Employees’ Pension System prior to serving as a judge, at the time the individual becomes a member of the Judges’ Retirement System; or</text> </level> <level label="2"> <text>if the individual has earned a vested allowance from the Employees’ Pension 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.</text> </level> </level> <level label="ii"> <text>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.</text> </level> </level> </level> <level label="d"> <text>An individual whose allowance is temporarily suspended under subsection (c) of this section is not subject to a reduction as provided in § 23–407 of this subtitle during the period the individual is serving as a judge.</text> </level> <level label="e"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="f"> <text>If an individual whose allowance is temporarily suspended dies while serving as a judge, the surviving spouse of the individual shall receive:</text> <level label="1"> <text>survivorship benefits as provided in § 27–403 of this article; and</text> </level> <level label="2"> <text>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’ Pension System.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-409" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="4" subtitle_name="Service Retirement Benefits"> <text>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.</text> </section> <section article="gsp" article_name="State Personnel and Pensions" number="23-501" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="5" subtitle_name="Retirees, Former Vested Members, Deferred Vested Retirees, and Surviving Beneficiaries of the Local Fire and Police System"> <level label="a"> <text>This section applies to an individual who is a former vested member, retiree, or surviving beneficiary of a deceased member, former vested member, or retiree, who, on or after June 30, 2005, is required to become a former vested member, retiree, or surviving beneficiary of a deceased member, former vested member, or retiree of the Employees’ Pension System as provided under § 21-306(f) or (g) of this article.</text> </level> <level label="b"> <text>An individual described under subsection (a) of this section shall continue to receive benefits in accordance with the provisions of Title 28 of this article.</text> </level> </section>