Plain Text Law

§ 23–401

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

§ 23–401Copy 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.