# State Personnel and Pensions (GSP)

## Title 23. Employees' and Teachers' Pension Systems

### Subtitle 4. Service Retirement Benefits

#### Section 23-401

(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.

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