<section article="gsp" article_name="State Personnel and Pensions" number="24-101" title_number="24" title_name="State Police Retirement System" subtitle_number="1" subtitle_name="General Provisions"> <text>This title applies to the State Police Retirement System.</text> </section> <section article="gsp" article_name="State Personnel and Pensions" number="24-201" title_number="24" title_name="State Police Retirement System" subtitle_number="2" subtitle_name="Membership"> <text>This subtitle applies only to:</text> <level label="1"> <text>a police employee as defined in § 2-101 of the Public Safety Article; and</text> </level> <level label="2"> <text>a Maryland State Police cadet.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="24-202" title_number="24" title_name="State Police Retirement System" subtitle_number="2" subtitle_name="Membership"> <text>An individual described in § 24–201 of this subtitle is a member of the State Police Retirement System as a condition of employment.</text> </section> <section article="gsp" article_name="State Personnel and Pensions" number="24-203" title_number="24" title_name="State Police Retirement System" subtitle_number="2" subtitle_name="Membership"> <text>The Secretary of State Police is a member of the State Police Retirement System as a condition of employment.</text> </section> <section article="gsp" article_name="State Personnel and Pensions" number="24-204" title_number="24" title_name="State Police Retirement System" subtitle_number="2" subtitle_name="Membership"> <text>If eligibility of an individual for membership is unclear, the Board of Trustees shall determine whether the individual is a member of the State Police Retirement System.</text> </section> <section article="gsp" article_name="State Personnel and Pensions" number="24-205" title_number="24" title_name="State Police Retirement System" subtitle_number="2" subtitle_name="Membership"> <level label="a"> <text>Except as provided in subsection (b) of this section, a member’s contribution rate is 8% of the member’s earnable compensation.</text> </level> <level label="b"> <text>After 28 years of service as a member, a member does not make any further contributions.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="24-206" title_number="24" title_name="State Police Retirement System" 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 4% a year, compounded annually, until retirement or withdrawal of the accumulated contributions.</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 State Police Retirement System;</text> </level> <level label="ii"> <text>is not eligible to receive a vested allowance from the State Police Retirement 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 State Police Retirement 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 State Police Retirement 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="24-207" title_number="24" title_name="State Police Retirement System" subtitle_number="2" subtitle_name="Membership"> <text>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>withdraws the member’s accumulated contributions;</text> </level> <level label="3"> <text>becomes a retiree;</text> </level> <level label="4"> <text>dies; or</text> </level> <level label="5"> <text>elects to participate in the Deferred Retirement Option Program established under § 24-401.1 of this title.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="24-207.1" title_number="24" title_name="State Police Retirement System" subtitle_number="2" subtitle_name="Membership"> <level label="a"> <text>This section applies to an individual who:</text> <level label="1"> <text>on or before June 30, 2011, was a member of the State Police Retirement System;</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 State Police Retirement 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 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>An individual described in subsection (a) of this section who resumes employment in a position that is included in the State Police Retirement System is subject to the same requirements to which an individual who was a member of the State Police Retirement 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="24-208" title_number="24" title_name="State Police Retirement System" 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 State Police Retirement System on or after July 1, 2011, the individual:</text> <level label="1"> <text>shall be considered to be a new member of the State Police Retirement 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 State Police Retirement 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="24-301" title_number="24" title_name="State Police Retirement System" subtitle_number="3" subtitle_name="Service Credit"> <text>A member is entitled to:</text> <level label="1"> <text>eligibility service as provided in §§ 24-303 through 24-306 of this subtitle; and</text> </level> <level label="2"> <text>creditable service as provided in § 24-307 of this subtitle.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="24-302" title_number="24" title_name="State Police Retirement System" subtitle_number="3" subtitle_name="Service Credit"> <level label="a"> <text>Subject to subsections (b) and (c) of this section, the Board of Trustees shall adopt regulations that specify the period of employment in a year that is equal to 1 year of service credit.</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"> <text>A member is entitled to receive 1 month of service credit for employment for a month or a part of a month if a member contribution is made in that month.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="24-303" title_number="24" title_name="State Police Retirement System" subtitle_number="3" subtitle_name="Service Credit"> <text>Eligibility service for a member consists of service credit:</text> <level label="1"> <text>for employment as a member;</text> </level> <level label="2"> <text>regained under § 24-304 of this subtitle by a member who redeposits accumulated contributions previously withdrawn;</text> </level> <level label="3"> <text>transferred from a retirement or pension system under Title 37 of this article;</text> </level> <level label="4"> <text>for military service as provided in Title 38 of this article; or</text> </level> <level label="5"> <text>purchased under this subtitle.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="24-304" title_number="24" title_name="State Police Retirement System" subtitle_number="3" subtitle_name="Service Credit"> <level label="a"> <text>A member who previously terminated membership and withdrew accumulated contributions from either the State Police Retirement System, the Employees’ Retirement System, or the Teachers’ Retirement System may receive service credit for the period of employment during the previous membership if the member redeposits in a single payment the withdrawn accumulated contributions plus regular interest to the date of redeposit.</text> </level> <level label="b"> <text>If a member receives service credit under this section, the member may not retire within 3 years from the date the member enters or reenters the State Police Retirement System.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="24-304.1" title_number="24" title_name="State Police Retirement System" 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="24-305" title_number="24" title_name="State Police Retirement System" subtitle_number="3" subtitle_name="Service Credit"> <level label="a"> <text>A member may purchase service credit as provided in subsection (b) of this section:</text> <level label="1"> <text>for a period of employment when the member was on an employer-approved leave of absence not exceeding 2 years that has qualified for purchase under regulations adopted by the Board of Trustees; or</text> </level> <level label="2"> <text>when membership was mandatory but for which member contributions were not made.</text> </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 in a single payment 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 for service credit purchased under this section at any time before retirement.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="24-306" title_number="24" title_name="State Police Retirement System" subtitle_number="3" subtitle_name="Service Credit"> <level label="a"> <text>A member may purchase service credit as provided in this section for periods of employment described in subsection (c) of this section for which the member is not otherwise entitled to service credit.</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 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="2"> <text>The member shall pay for service credit purchased under this section in a single payment at retirement.</text> </level> </level> <level label="c"> <text>A member may purchase service credit for a period of employment not exceeding 10 years for:</text> <level label="1"> <text>federal service; or</text> </level> <level label="2"> <text>out-of-state service with a political subdivision.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="24-307" title_number="24" title_name="State Police Retirement System" subtitle_number="3" subtitle_name="Service Credit"> <text>Creditable service on which the allowance of a member is based consists of:</text> <level label="1"> <text>eligibility service; and</text> </level> <level label="2"> <text>credit for unused sick leave as provided in § 20-206 of this article.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="24-401" title_number="24" title_name="State Police Retirement System" subtitle_number="4" subtitle_name="Service Retirement Benefits"> <level label="a"> <level label="1"> <level label="i"> <text>This paragraph applies to an individual who is a member on or before June 30, 2011.</text> </level> <level label="ii"> <text>A member may retire with a normal service retirement allowance if:</text> <level label="1"> <text>on or before the date of retirement, the member:</text> </level> <level label="A"> <text>has at least 22 years of eligibility service; or</text> </level> <level label="B"> <text>is at least 50 years old; and</text> </level> <level label="2"> <text>the member completes and submits a written application to the Board of Trustees, on the form that the Board of Trustees provides, stating the date when the member desires to retire.</text> </level> </level> </level> <level label="2"> <level label="i"> <text>This paragraph applies to an individual who becomes a member on or after July 1, 2011.</text> </level> <level label="ii"> <text>A member may retire with a normal service retirement allowance if:</text> <level label="1"> <text>on or before the date of retirement, the member:</text> </level> <level label="A"> <text>has at least 25 years of eligibility service; or</text> </level> <level label="B"> <text>is at least 50 years old; and</text> </level> <level label="2"> <text>the member completes and submits a written application to the Board of Trustees, on the form that the Board of Trustees provides, stating the date when the member desires to retire.</text> </level> </level> </level> </level> <level label="b"> <level label="1"> <text>Subject to the approval of the Board of Trustees, the Secretary of State Police may order a member who is at least 50 years old to retire on the first day of the month after the member is notified of the Secretary’s order.</text> </level> <level label="2"> <text>Before approving the Secretary’s order, the Board of Trustees shall give the member at least 30 days’ notice and an opportunity to be heard.</text> </level> </level> <level label="c"> <text>Except for the Secretary of State Police, a member shall retire with a normal service retirement allowance not later than the first day of the month after the member becomes 62 years old.</text> </level> <level label="d"> <level label="1"> <text>Except as provided in paragraphs (2) and (3) of this subsection, on retirement under this section, a member is entitled to receive a normal service retirement allowance that equals 2.55% of the member’s average final compensation multiplied by each year of the member’s years of creditable service.</text> </level> <level label="2"> <text>A member’s normal service retirement allowance may not exceed 71.4% of the member’s average final compensation.</text> </level> <level label="3"> <text>Subject to paragraph (2) of this subsection, on retirement under this section, if a member’s annuity is greater than the member’s normal service retirement allowance calculated under paragraph (1) of this subsection, the member’s normal service retirement allowance shall equal the member’s annuity.</text> </level> </level> <level label="e"> <text>Subject to §§ 29–401, 29–402, and 29–403 of this article, a retiree, or a beneficiary of a retiree, who retires on or before June 30, 1999 with a service retirement allowance, shall receive an annual retirement allowance adjustment as of July 1, 1999, as follows:</text> <level label="1"> <text>for a retiree who has been retired not more than 5 years, $1,200;</text> </level> <level label="2"> <text>for a retiree who has been retired more than 5 years but not more than 10 years, $1,500;</text> </level> <level label="3"> <text>for a retiree who has been retired more than 10 years but not more than 15 years, $1,800; and</text> </level> <level label="4"> <text>for a retiree who has been retired more than 15 years, $2,100.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="24-401.1" future_version_removed="true" title_number="24" title_name="State Police Retirement System" 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>“DROP” means the Deferred Retirement Option Program established under this section.</text> </level> <level label="3"> <text>“DROP member” means a member of the State Police Retirement System who:</text> <level label="i"> <text>is eligible to participate in the DROP as provided in subsection (c) of this section; and</text> </level> <level label="ii"> <text>elects to participate in the DROP as provided in subsection (e) of this section.</text> </level> </level> </level> <level label="b"> <text>There is a DROP for eligible members of the State Police Retirement System.</text> </level> <level label="c"> <level label="1"> <level label="i"> <text>This paragraph applies to an individual who is a member of the State Police Retirement System on or before June 30, 2011.</text> </level> <level label="ii"> <text>Except for the Secretary of State Police, a member of the State Police Retirement System is eligible to participate in the DROP if the member:</text> <level label="1"> <text>has at least 22 and less than 32 years of employment in a position eligible for membership in the State Police Retirement System; and</text> </level> <level label="2"> <text>is less than 62 years old.</text> </level> </level> <level label="iii"> <text>The Secretary of State Police is eligible to participate in the DROP if the Secretary has at least 22 years of employment in a position eligible for membership in the State Police Retirement System.</text> </level> </level> <level label="2"> <level label="i"> <text>This paragraph applies to an individual who becomes a member of the State Police Retirement System on or after July 1, 2011.</text> </level> <level label="ii"> <text>Except for the Secretary of State Police, a member of the State Police Retirement System is eligible to participate in the DROP if the member:</text> <level label="1"> <text>has at least 25 years and less than 32 years of employment in a position eligible for membership in the State Police Retirement System; and</text> </level> <level label="2"> <text>is less than 62 years old.</text> </level> </level> <level label="iii"> <text>The Secretary of State Police is eligible to participate in the DROP if the Secretary has at least 25 years of employment in a position eligible for membership in the State Police Retirement System.</text> </level> </level> </level> <level label="d"> <text>An eligible member may elect to participate in the DROP for a period not to exceed the lesser of:</text> <level label="1"> <text>7 years;</text> </level> <level label="2"> <text>the difference between 32 years and the member’s years of employment in a position eligible for membership in the State Police Retirement System as of the date of the member’s election to participate in the DROP and retire from the State Police Retirement System;</text> </level> <level label="3"> <text>the difference between age 62 and the member’s age as of the date of the member’s election to participate in the DROP and retire from the State Police Retirement System; or</text> </level> <level label="4"> <text>a term selected by the member.</text> </level> </level> <level label="e"> <level label="1"> <text>An eligible member who elects to participate in the DROP shall:</text> <level label="i"> <text>complete and submit a written election form to the Board of Trustees, on the form that the Board of Trustees provides, stating:</text> <level label="1"> <text>the member’s intention to participate in the DROP;</text> </level> <level label="2"> <text>the date when the member desires to retire;</text> </level> <level label="3"> <text>the period that the member desires to participate in the DROP, as provided in subsection (d) of this section;</text> </level> <level label="4"> <text>the date when the member intends to terminate employment with the Maryland State Police in the form of a binding letter of resignation accepted by the Secretary of State Police or the Secretary’s designee; and</text> </level> <level label="5"> <text>any other information required by the Board of Trustees to implement the DROP; and</text> </level> </level> <level label="ii"> <text>complete and submit a written retirement application form to the Board of Trustees, on the form that the Board of Trustees provides.</text> </level> </level> <level label="2"> <text>An eligible member’s election to participate in the DROP is irrevocable.</text> </level> </level> <level label="f"> <level label="1"> <text>A DROP member’s participation in the DROP shall commence on the first day of the month following acceptance by the Board of Trustees of the DROP member’s completed election form, retirement application form, and any other information required by the Board of Trustees.</text> </level> <level label="2"> <text>A DROP member is a retiree of the State Police Retirement System.</text> </level> </level> <level label="g"> <text>Participation in the DROP ends if the DROP participant:</text> <level label="1"> <text>separates from employment in accordance with the binding letter of resignation submitted with the member’s election form;</text> </level> <level label="2"> <text>except for the Secretary of State Police, attains age 62;</text> </level> <level label="3"> <text>dies;</text> </level> <level label="4"> <text>is terminated from employment by the Maryland State Police at any time before the date specified on the member’s election form;</text> </level> <level label="5"> <text>shortens the time period for participation in the DROP by delivering to the Maryland State Police and the Board of Trustees written notice of the intent of the DROP member to terminate employment; or</text> </level> <level label="6"> <text>accepts a special disability retirement allowance as provided in subsection (k) of this section.</text> </level> </level> <level label="h"> <level label="1"> <text>As of the effective date of participation in the DROP, the Board of Trustees shall determine the DROP member’s normal service retirement allowance under § 24–401 of this subtitle.</text> </level> <level label="2"> <text>During the period that a DROP member participates in the DROP, the Board of Trustees shall:</text> <level label="i"> <text>deposit the DROP member’s normal service retirement allowance in the DROP for the DROP member’s benefit;</text> </level> <level label="ii"> <text>adjust the DROP member’s normal service retirement allowance each fiscal year as provided in §§ 29–401 through 29–403 and 29–408 of this article; and</text> </level> <level label="iii"> <text>accrue interest on the amounts calculated under items (i) and (ii) of this paragraph for the DROP member into the DROP at the rate of:</text> <level label="1"> <text>6% a year, compounded monthly if the individual is a DROP member on or before June 30, 2011; or</text> </level> <level label="2"> <text>4% a year, compounded annually, if the individual becomes a DROP member on or after July 1, 2011.</text> </level> </level> </level> <level label="3"> <text>A DROP member may not receive creditable service or eligibility service during the period that the DROP member participates in the DROP.</text> </level> <level label="4"> <text>A DROP member’s compensation during the period that the DROP member participates in the DROP may not be:</text> <level label="i"> <text>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; or</text> </level> <level label="ii"> <text>used to increase the DROP member’s average final compensation except as provided in subsection (k) of this section.</text> </level> </level> <level label="5"> <text>During the period that a DROP member participates in the DROP, the DROP member shall:</text> <level label="i"> <text>continue to receive compensation, health insurance and other benefit options established under the State Employee and Retiree Health and Welfare Benefit Program administered by the Secretary of Budget and Management, and any other benefits as an employee of the Maryland State Police;</text> </level> <level label="ii"> <text>be subject to the personnel law, regulations, and policies applicable to an employee of the Maryland State Police; and</text> </level> <level label="iii"> <text>receive retirement benefits only to the extent provided in this section.</text> </level> </level> <level label="6"> <text>The Board of Trustees is not required to establish an individual DROP account for each DROP member.</text> </level> <level label="7"> <text>Each year, the Board of Trustees shall provide a DROP member with a written accounting of the DROP member’s account balance in the DROP.</text> </level> </level> <level label="i"> <level label="1"> <text>Subject to paragraphs (2), (3), and (4) of this subsection, on termination of a DROP member’s participation in the DROP, the Board of Trustees shall pay to the DROP member or, if the DROP member has died, the designated beneficiary of the DROP member, the amount accrued in the DROP for the DROP member under subsection (h)(2) of this section, reduced by any withholding taxes remitted to the Internal Revenue Service or other taxing authority, in a lump sum.</text> </level> <level label="2"> <text>The designated beneficiary of a DROP member is:</text> <level label="i"> <text>the DROP member’s surviving spouse;</text> </level> <level label="ii"> <text>if there is not a surviving spouse or if the surviving spouse dies, each child of the deceased DROP member who is under 26 years old or is disabled; or</text> </level> <level label="iii"> <text>if there is not a surviving spouse or a child who is under 26 years old or is disabled, the DROP member’s designated beneficiary.</text> </level> </level> <level label="3"> <text>A DROP member or designated beneficiary of a DROP member may direct the Board of Trustees to pay all or a portion of the amount accrued for the DROP member’s benefit under subsection (h)(2) of this section directly to the custodian of an eligible retirement plan as provided in Title 21, Subtitle 6 of this article.</text> </level> <level label="4"> <text>A DROP member or designated beneficiary of a DROP member is eligible to receive the amount due under this subsection within 90 days after the:</text> <level label="i"> <text>date of termination of the DROP member’s participation in the DROP;</text> </level> <level label="ii"> <text>receipt by the Board of Trustees of a completed application to receive the DROP amount, on the form that the Board of Trustees provides; and</text> </level> <level label="iii"> <text>receipt by the Board of Trustees of any other information that the Board of Trustees requires to process payment of the DROP member’s account balance to the DROP participant, the designated beneficiary of the DROP participant, or the custodian of an eligible retirement plan.</text> </level> </level> </level> <level label="j"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, as of the first day of the month following termination of a DROP member’s participation in the DROP, the Board of Trustees shall commence and continue payment of the normal service retirement allowance, including the cost–of–living adjustments as provided in §§ 29–401 through 29–403 and 29–408 of this article, to the member as provided in §§ 24–401 and 24–403 of this subtitle.</text> </level> <level label="2"> <text>If a DROP member dies before termination of the DROP member’s participation in the DROP, the Board of Trustees shall pay the survivor benefit to the beneficiary as provided in § 24–403 of this subtitle.</text> </level> </level> <level label="k"> <level label="1"> <text>A DROP member is eligible to apply for a special disability retirement allowance under § 29–111 of this article if after the DROP member commences participation in the DROP:</text> <level label="i"> <text>the member is totally and permanently incapacitated for duty arising out of or in the course of the actual performance of duty that occurs while participating in DROP, and without willful negligence of the member; and</text> </level> <level label="ii"> <text>the medical board certifies that:</text> </level> </level> </level> <level label="1"> <text>the member is totally incapacitated, either mentally or physically, for the further performance of duty by the occurrence described under item (i) of this paragraph; </text> </level> <level label="2"> <text>the incapacity is likely to be permanent; and </text> </level> <level label="3"> <text>the member should be retired.</text> <level label="2"> <level label="i"> <text>If a DROP member is granted a special disability retirement allowance, the DROP member shall:</text> <level label="1"> <text>submit an application to the Board of Trustees, on the form the Board of Trustees provides, to receive payment of the amount accrued in the DROP in accordance with subsection (i) of this section;</text> </level> <level label="2"> <text>execute a written waiver of any benefits to which the DROP member may be entitled under the DROP; and</text> </level> <level label="3"> <text>submit an application to retire with a special disability retirement allowance, on the form the Board of Trustees provides, stating the effective date of the DROP member’s retirement as a special disability retiree.</text> </level> </level> <level label="ii"> <text>On acceptance of the application for payment and application to retire, the Board of Trustees shall commence payment of a special disability allowance to the DROP member as provided in § 29–111(c) of this article, except that the DROP member’s average final compensation shall be computed as of the effective date of the DROP member’s application for a special disability retirement allowance.</text> </level> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="24-402" title_number="24" title_name="State Police Retirement System" 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 § 24-401 of this subtitle when the former member’s membership terminated;</text> </level> <level label="2"> <text>did not submit a written application under § 24-401 of this subtitle before membership terminated; and</text> </level> <level label="3"> <text>has not withdrawn accumulated contributions.</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 § 24-401 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="24-403" title_number="24" title_name="State Police Retirement System" subtitle_number="4" subtitle_name="Service Retirement Benefits"> <level label="a"> <text>This section applies only to a retiree who has retired with a service retirement allowance or a disability retirement allowance or a former member who has retired with a deferred vested allowance.</text> </level> <level label="b"> <text>On the death of a retiree or former member, the Board of Trustees shall pay 80% of the retiree’s retirement allowance:</text> <level label="1"> <text>to the surviving spouse; or</text> </level> <level label="2"> <text>if there is no surviving spouse or if the surviving spouse dies, to any children of the deceased retiree who are under 18 years of age or disabled, as defined under § 72(m)(7) of the Internal Revenue Code, in accordance with subsection (c) of this section.</text> </level> </level> <level label="c"> <level label="1"> <text>Except as provided in paragraphs (2) and (3) of this subsection, if the Board of Trustees pays an allowance to more than one child, the Board of Trustees shall divide the allowance among the children in a manner that provides for payments to continue until:</text> <level label="i"> <text>each child has died; or</text> </level> <level label="ii"> <text>each child becomes 18 years old.</text> </level> </level> <level label="2"> <text>Notwithstanding paragraph (1)(ii) of this subsection, a surviving child who is disabled shall continue to receive an allowance under paragraph (1) of this subsection past the age of 18 years, if the child continues to be disabled.</text> </level> <level label="3"> <level label="i"> <text>If a surviving child receiving an allowance under paragraph (1) of this subsection is disabled, as defined under § 72(m)(7) of the Internal Revenue Code, the Board of Trustees shall pay to the disabled surviving child an allowance equal to the total of the allowances paid under paragraph (1) of this subsection after:</text> <level label="1"> <text>all other nondisabled surviving children have died; or</text> </level> <level label="2"> <text>the youngest nondisabled surviving child becomes 18 years old.</text> </level> </level> <level label="ii"> <text>If more than one surviving child is disabled, as defined under § 72(m)(7) of the Internal Revenue Code, the allowance payable under this paragraph shall be divided equally among the disabled children.</text> </level> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="24-405" title_number="24" title_name="State Police Retirement System" subtitle_number="4" subtitle_name="Service Retirement Benefits"> <level label="a"> <text>Subject to subsection (c) of this section, and 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, contractual, or temporary basis if the individual immediately notifies the Board of Trustees:</text> <level label="1"> <text>of the individual’s intention to accept the employment; and</text> </level> <level label="2"> <text>of the compensation that the individual will receive.</text> </level> </level> <level label="b"> <text>An individual who accepts employment on a permanent or contractual basis is not subject to a reduction to the individual’s allowance.</text> </level> <level label="c"> <level label="1"> <level label="i"> <text>For purposes of this section, employment is not on a temporary basis if, in any 12–month period, an individual works:</text> <level label="1"> <text>full time for more than 6 months; or</text> </level> <level label="2"> <text>part time for the equivalent of more than 6 months of full–time work.</text> </level> </level> <level label="ii"> <text>An individual may accept employment under this section on a temporary basis only if the employment is not in a regularly allocated position.</text> </level> </level> <level label="2"> <text>The allowance of an individual who accepts employment on a temporary basis is subject to a reduction as provided in paragraph (3) of this subsection.</text> </level> <level label="3"> <text>The Board of Trustees shall reduce the allowance of an individual who accepts employment on a temporary basis by 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.</text> </level> <level label="4"> <level label="i"> <text>Any reduction taken to an allowance under paragraph (3) of this subsection may not reduce the allowance to an amount less than the required deduction for the individual’s monthly State–approved medical insurance premiums.</text> </level> <level label="ii"> <text>The Board of Trustees shall recover from the individual any difference between the reduction required under paragraph (3) of this subsection and the reduction taken under subparagraph (i) of this paragraph.</text> </level> </level> <level label="5"> <text>Paragraph (2) of this subsection does not apply to:</text> <level label="i"> <text>an individual who has been retired for 5 years, beginning on January 1, after the date the individual retires; or</text> </level> <level label="ii"> <text>an individual who participates in the Deferred Retirement Option Program established under § 24–401.1 of this subtitle.</text> </level> </level> </level> <level label="d"> <text>A retiree who is receiving a service retirement allowance under this title may not be employed by the State or other participating employer on a permanent, temporary, or contractual basis within 45 days of the date the retiree retired.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="24-406" title_number="24" title_name="State Police Retirement System" subtitle_number="4" subtitle_name="Service Retirement Benefits"> <level label="a"> <text>A member may be entitled to benefits under Title 29 of this article other than, or in addition to, the service retirement benefits provided under this subtitle.</text> </level> <level label="b"> <level label="1"> <text>This subsection does not apply to an individual receiving a service retirement allowance or a vested allowance from the State Police Retirement System who is:</text> <level label="i"> <text>serving as a sheriff or State’s Attorney for a county that is a participating governmental unit; or</text> </level> <level label="ii"> <text>elected or appointed to the General Assembly and eligible to enroll in the Legislative Pension Plan.</text> </level> </level> <level label="2"> <text>A member is not entitled to receive a pension or retirement allowance from another pension or retirement system supported wholly or in part by the State.</text> </level> </level> <level label="c"> <text>An individual receiving a service retirement allowance or a vested allowance from the State Police Retirement System who is elected or appointed to the General Assembly and eligible to join the Legislative Pension Plan, may only receive an additional retirement allowance from the Legislative Pension Plan.</text> </level> </section>