Title 23. Employees' and Teachers' Pension Systems — Subtitle 4. Service Retirement Benefits
Statutes in effect as of October 1, 2026.
Md. Code Ann., State Pers. & Pens. § 23-401 (2026)
Title 23. Employees' and Teachers' Pension Systems
Subtitle 4. Service Retirement Benefits
§ 23–401LinkCopy Citation
(a)
Except as provided in subsection (f) of this section, a member may retire with a normal service retirement allowance if:
(1)
the member completes and submits a written application to the Board of Trustees stating the date when the member desires to retire; and
(2)
on or before the date of retirement, the member:
(i)
has at least 30 years of eligibility service;
(ii)
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
(iii)
has attained the age and the years of eligibility service as follows:
Age Years of Eligibility
Service
62 with 5
63 with 4
64 with 3
65 or more with 2
(b)
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:
(1)
(0)
8% of the member’s average final compensation that is not in excess of the Social Security integration level; and
(2)
(1)
5% of the member’s average final compensation that exceeds the Social Security integration level.
(c)
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:
(1)
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
(2)
the greater of:
(i)
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
(ii)
the number of years of the member’s creditable service on or before June 30, 1998 multiplied by:
(1)
(0)
8% of the member’s average final compensation that is not in excess of the Social Security integration level; and
(2)
(1)
5% of the member’s average final compensation that exceeds the Social Security integration level.
(d)
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:
(1)
the greater of:
(i)
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
(ii)
the number of years of the member’s creditable service on or before June 30, 1998 multiplied by:
(1)
(0)
8% of the member’s average final compensation that is not in excess of the Social Security integration level; and
(2)
(1)
5% of the member’s average final compensation that exceeds the Social Security integration level; and
(2)
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.
(e)
(1)
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.
(2)
A member is entitled to receive a normal service retirement allowance that equals:
(i)
an allowance based on the creditable service the member earned in the Employees’ Pension System;
(ii)
an allowance based on the creditable service the member earned in the Employees’ Retirement System;
(iii)
an allowance based on the creditable service the member earned in the Teachers’ Pension System; plus
(iv)
an allowance based on the creditable service the member earned in the Teachers’ Retirement System.
(f)
(1)
A member who begins membership on or after July 1, 2011, may retire with a normal service retirement allowance if:
(i)
the member completes and submits a written application to the Board of Trustees stating the date when the member desires to retire; and
(ii)
on or before the date of retirement, the member:
(1)
has at least 90 years of combined age and years of eligibility service; or
(2)
is at least 65 years old and has at least 10 years of eligibility service.
(2)
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.
(g)
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.
Md. Code Ann., State Pers. & Pens. § 23-402 (2026)
Title 23. Employees' and Teachers' Pension Systems
Subtitle 4. Service Retirement Benefits
§ 23–402LinkCopy Citation
(a)
Except as provided in subsection (b) of this section, a member may retire with an early service retirement allowance if:
(1)
the member completes and submits a written application to the Board of Trustees stating the date when the member desires to retire; and
(2)
on or before the date of retirement, the member:
(i)
has at least 15 years but less than 30 years of eligibility service; and
(ii)
is at least 55 but less than 62 years old.
(b)
A member who begins membership on or after July 1, 2011, may retire with an early service retirement allowance if:
(1)
the member completes and submits a written application to the Board of Trustees stating the date when the member desires to retire; and
(2)
on or before the date of retirement, the member:
(i)
has at least 15 years of eligibility service; and
(ii)
is at least 60 but less than 65 years old.
(c)
(1)
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.
(2)
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.
Md. Code Ann., State Pers. & Pens. § 23-403 (2026)
Title 23. Employees' and Teachers' Pension Systems
Subtitle 4. Service Retirement Benefits
§ 23–403LinkCopy Citation
(a)
This section applies to a former member who:
(1)
was eligible for a retirement allowance under § 23-401 or § 23-402 of this subtitle when the former member’s membership terminated;
(2)
did not submit a written application under § 23-401 or § 23-402 of this subtitle before membership terminated; and
(3)
has not withdrawn the former member’s accumulated contributions, if any.
(b)
(1)
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.
(2)
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.
Md. Code Ann., State Pers. & Pens. § 23-404 (2026)
Title 23. Employees' and Teachers' Pension Systems
Subtitle 4. Service Retirement Benefits
§ 23–404LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“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.
(3)
“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.
(b)
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:
(1)
has at least 16 years of creditable service; and
(2)
elects to have the member’s accumulated contributions paid as an annuity of equivalent actuarial value instead of withdrawing the accumulated contributions.
(c)
A member qualifies for a normal service retirement allowance under subsection (b) of this section if the member:
(1)
(i)
is an elected or appointed official of the State at the time of application for retirement; and
(ii)
was initially an elected or appointed official of the State before July 22, 1981;
(2)
(i)
is an elected or appointed official of the State when separating from employment;
(ii)
was initially an elected or appointed official of the State during the period from July 22, 1981, through June 30, 1982, both inclusive; and
(iii)
separated from employment involuntarily, as certified by the Secretary of Budget and Management;
(3)
(i)
was promoted to a position in the unclassified service of the State on or before June 30, 1982;
(ii)
has been in the unclassified service or its equivalent in the State continuously from June 30, 1982, until separating from employment; and
(iii)
separated from employment involuntarily, as certified by the Secretary of Budget and Management; or
(4)
(i)
is a deputy clerk of the court at the time of application for retirement; and
(ii)
was initially a deputy clerk of the court before July 22, 1981.
(d)
(1)
This subsection applies to a retiree who:
(i)
retires as an elected or appointed official under this section; and
(ii)
is appointed or elected to an office for which the State pays the compensation.
(2)
On the appointment or election of a retiree described in paragraph (1) of this subsection:
(i)
the retiree’s retirement allowance shall stop;
(ii)
the retiree may rejoin the Employees’ Pension System;
(iii)
the retiree shall make member contributions as provided in this title; and
(iv)
the Board of Trustees shall restore any creditable service or eligibility service to the retiree’s credit at the time of retirement.
(3)
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.
(4)
The allowance, on the subsequent retirement, may not exceed the sum of:
(i)
the allowance the retiree was receiving during the previous retirement; and
(ii)
the allowance that has accrued on account of creditable service earned after the previous retirement.
Md. Code Ann., State Pers. & Pens. § 23-405 (2026)
Title 23. Employees' and Teachers' Pension Systems
Subtitle 4. Service Retirement Benefits
§ 23–405LinkCopy Citation
(a)
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.
(b)
(1)
This subsection does not apply to a member’s employer pickup contributions.
(2)
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.
(3)
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:
(i)
as its numerator, the member’s average taxable wage base for the 3 calendar years immediately preceding the calendar year of transfer; and
(ii)
as its denominator, the average of the member’s annual earnable compensation as of the end of the preceding 3 fiscal years.
(4)
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.
(5)
(i)
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.
(ii)
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.
(c)
(1)
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.
(2)
The Board of Trustees shall transfer:
(i)
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
(ii)
as member contributions, any balance of the member’s employer pickup contributions plus regular interest.
(3)
(i)
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.
(ii)
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.
(d)
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.
Md. Code Ann., State Pers. & Pens. § 23-406 (2026)
Title 23. Employees' and Teachers' Pension Systems
Subtitle 4. Service Retirement Benefits
§ 23–406LinkCopy Citation
(a)
The Board of Trustees shall reduce a member’s allowance if the member:
(1)
received any accumulated contributions, other than additional contributions, in connection with a prior separation from employment;
(2)
is credited with prior eligibility service; and
(3)
does not repay, with interest to the date of retirement, the amount received.
(b)
A reduction under subsection (a) of this section shall equal the actuarial equivalent of the amount, including interest, that is not repaid.
Md. Code Ann., State Pers. & Pens. § 23-407 (2026)
Title 23. Employees' and Teachers' Pension Systems
Subtitle 4. Service Retirement Benefits
§ 23–407LinkCopy Citation
(a)
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.
(b)
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:
(1)
the individual immediately notifies the Board of Trustees of the individual’s intention to accept this employment; and
(2)
the individual specifies the compensation to be received.
(c)
(1)
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:
(i)
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;
(ii)
(1)
the individual’s current employer is any unit of State government; and
(2)
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
(iii)
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.
(2)
(i)
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:
(1)
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
(2)
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.
(ii)
(1)
This subparagraph applies to a retiree of the Teachers’ Pension System who as faculty receiving a 10–month salary, retired directly from:
(A)
the University System of Maryland;
(B)
Morgan State University;
(C)
St. Mary’s College; or
(D)
a community college established or operating under Title 16 of the Education Article.
(2)
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.
(3)
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:
(A)
bonuses;
(B)
overtime;
(C)
summer school salaries;
(D)
adult education salary;
(E)
additional temporary payments from special research projects;
(F)
honorariums; and
(G)
vehicle stipends.
(iii)
Any reduction taken under this subsection may not reduce the retiree’s allowance to an amount less than the required deduction for:
(1)
if the retiree retired from any unit of State government, the retiree’s monthly State–approved medical insurance premiums; or
(2)
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.
(iv)
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.
(3)
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.
(4)
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:
(i)
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;
(ii)
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;
(iii)
an individual who has been retired for 5 years, beginning on January 1 after the date the individual retires;
(iv)
a retiree of the Teachers’ Pension System who:
(1)
is or has been certified to teach in the State;
(2)
has verification of satisfactory or better performance in the last assignment prior to retirement;
(3)
based on the retired teacher’s qualifications, has been appointed in accordance with § 4–103 of the Education Article; and
(4)
receives verification of satisfactory or better performance each year the teacher is employed under paragraph (5) of this subsection;
(v)
a retiree of the Teachers’ Pension System who:
(1)
(A)
was employed as a principal within 5 years of retirement; or
(B)
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;
(2)
has verification of satisfactory performance for each year as a principal and, if applicable, in a position supervising principals prior to retirement;
(3)
based on the retiree’s qualifications, has been hired as a principal; and
(4)
receives verification of satisfactory performance each year the retiree is employed as a principal under paragraph (6) of this subsection;
(vi)
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:
(1)
a State residential center as defined in § 7–101 of the Health – General Article;
(2)
a chronic disease center subject to Title 19, Subtitle 5 of the Health – General Article;
(3)
a State facility as defined in § 10–101 of the Health – General Article;
(4)
a local health department subject to Title 3, Subtitle 2 of the Health – General Article; or
(5)
the Office of the Chief Medical Examiner;
(vii)
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;
(viii)
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
(ix)
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.
(5)
(i)
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:
(1)
a public school that:
(A)
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;
(B)
is receiving funds under Title 1 of the federal Elementary and Secondary Education Act;
(C)
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
(D)
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
(2)
the Maryland School for the Deaf.
(ii)
An individual rehired at a school described under subparagraph (i) of this paragraph shall teach:
(1)
in an area of critical shortage;
(2)
a special education class for students with special needs; or
(3)
a class for students with limited English proficiency.
(6)
An individual who is rehired under paragraph (4)(v) of this subsection shall be employed as a principal at:
(i)
a public school that:
(1)
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;
(2)
is receiving funds under Title 1 of the federal Elementary and Secondary Education Act;
(3)
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
(4)
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
(ii)
the Maryland School for the Deaf.
(7)
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.
(8)
(i)
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.
(ii)
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.
(9)
(i)
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:
(1)
approve the rehiring of that individual; and
(2)
determine the school where the individual is to be reemployed.
(ii)
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:
(1)
satisfied the criteria provided in paragraph (4)(iv) or (v) of this subsection;
(2)
was reemployed at a school described under paragraph (5)(i) or (6) of this subsection; and
(3)
if rehired under paragraph (4)(iv) of this subsection, was teaching in an area specified in paragraph (5)(ii) of this subsection.
(iii)
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.
(iv)
(1)
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.
(2)
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:
(A)
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
(B)
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.
(v)
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:
(1)
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
(2)
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.
(vi)
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.
(10)
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:
(i)
the number of individuals rehired under paragraph (4)(iv) or (v) or (8) of this subsection;
(ii)
(1)
the school and school system where each individual was rehired; and
(2)
whether the school:
(A)
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;
(B)
was receiving funds under Title 1 of the federal Elementary and Secondary Education Act;
(C)
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
(D)
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;
(iii)
the original date of rehire for each individual;
(iv)
the subject matter taught by each individual;
(v)
if hired under paragraph (8) of this subsection, the position title of each individual;
(vi)
the annual salary of each individual; and
(vii)
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.
(d)
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:
(1)
the State or other participating employer; or
(2)
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.
(e)
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.
(f)
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.
(g)
The State Retirement Agency shall institute appropriate reporting procedures with the affected payroll systems to ensure compliance with this section.
(h)
(1)
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.
(2)
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.
(i)
The State Department of Education shall adopt regulations to carry out this section.
(j)
At the request of the State Retirement Agency:
(1)
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
(2)
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.
(k)
The Maryland Department of Health shall notify the State Retirement Agency of any retirees who qualify under subsection (c)(4)(vi) of this section.
(l)
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:
(1)
the number of rehired retirees under subsection (c)(4)(vi) of this section;
(2)
the annual salary of each rehired retiree at the time of retirement and the current annual salary of each rehired retiree;
(3)
the number of health care practitioners hired who are not retirees; and
(4)
the annual salary of each health care practitioner who is hired.
(m)
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:
(1)
(i)
the number of rehired retirees under subsection (c)(4)(iv) and (v) and (8) of this section;
(ii)
(1)
the school and school system where each retiree was rehired; and
(2)
whether the school:
(A)
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;
(B)
was receiving funds under Title 1 of the federal No Child Left Behind Act of 2001;
(C)
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
(D)
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;
(iii)
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;
(iv)
the subject matter that each rehired retiree was teaching;
(v)
the salary of each rehired retiree;
(vi)
the total number of years each retiree has been reemployed at the school where the retiree was rehired for the previous school year; and
(vii)
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
(2)
the number of retirees rehired under subsection (c)(8) of this section.
(n)
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:
(1)
the number of rehired retirees under subsection (c)(4)(viii) of this section;
(2)
the annual salary of each rehired retiree at the time of retirement and the current annual salary of each rehired retiree;
(3)
the number of parole and probation employees hired who are not retirees; and
(4)
the annual salary of each parole and probation employee who is hired.
Md. Code Ann., State Pers. & Pens. § 23-408 (2026)
Title 23. Employees' and Teachers' Pension Systems
Subtitle 4. Service Retirement Benefits
§ 23–408LinkCopy Citation
(a)
This section applies to an individual who:
(1)
is eligible for membership in the Judges’ Retirement System as provided in § 27–201(a) of this article; and
(2)
(i)
is receiving a service retirement allowance from the Employees’ Pension System at the time of appointment in item (1) of this subsection; or
(ii)
(1)
has earned a vested allowance from the Employees’ Pension System; and
(2)
begins receiving the vested allowance while serving as a judge described in item (1) of this subsection.
(b)
An individual described in subsection (a) of this section may elect to receive service credit in the Judges’ Retirement System.
(c)
(1)
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.
(2)
(i)
An individual shall file a form described in paragraph (1) of this subsection with the Board of Trustees:
(1)
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
(2)
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.
(ii)
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.
(d)
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.
(e)
(1)
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.
(2)
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.
(f)
If an individual whose allowance is temporarily suspended dies while serving as a judge, the surviving spouse of the individual shall receive:
(1)
survivorship benefits as provided in § 27–403 of this article; and
(2)
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.
Md. Code Ann., State Pers. & Pens. § 23-409 (2026)
Title 23. Employees' and Teachers' Pension Systems
Subtitle 4. Service Retirement Benefits
§ 23–409LinkCopy Citation
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.