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<subtitle article="gsp" title_number="25" subtitle_number="4" title_name="Correctional Officers' Retirement System" subtitle_name="Service Retirement Benefits">
  <section article="gsp" article_name="State Personnel and Pensions" number="25-401" title_number="25" title_name="Correctional Officers' Retirement System" subtitle_number="4" subtitle_name="Service Retirement Benefits">
    <level label="a">
      <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 label="i">
          <text>has at least 20 years of eligibility service;</text>
        </level>
        <level label="ii">
          <level label="1">
            <text>is a correctional case management specialist, supervisor, or manager on or before June 30, 2016;</text>
          </level>
          <level label="2">
            <text>is vested in the Correctional Officers’ Retirement System; and</text>
          </level>
          <level label="3">
            <text>has a combined total of at least 20 years of eligibility service from:</text>
          </level>
          <level label="A">
            <text>the Correctional Officers’ Retirement System and the Employees’ Retirement System; or</text>
          </level>
          <level label="B">
            <text>the Correctional Officers’ Retirement System and the Employees’ Pension System;</text>
          </level>
        </level>
        <level label="iii">
          <level label="1">
            <text>is serving in a position specified in:</text>
          </level>
          <level label="A">
            <text>§ 25–201(a)(8) or (9) of this title on or before June 30, 2017;</text>
          </level>
          <level label="B">
            <text>§ 25–201(a)(10) or (11) of this title on or before June 30, 2018;</text>
          </level>
          <level label="C">
            <text>§ 25–201(a)(12) of this title on or before June 30, 2022;</text>
          </level>
          <level label="D">
            <text>§ 25–201(a)(13) of this title on or before June 30, 2024;</text>
          </level>
          <level label="E">
            <text>§ 25–201(a)(14) of this title on or before June 30, 2025; or</text>
          </level>
          <level label="F">
            <text>§ 25–201(a)(15) of this title on or before June 30, 2026;</text>
          </level>
          <level label="2">
            <text>is vested in the Correctional Officers’ Retirement System; and</text>
          </level>
          <level label="3">
            <text>has a combined total of at least 20 years of eligibility service from:</text>
          </level>
          <level label="A">
            <text>the Correctional Officers’ Retirement System and the Employees’ Retirement System; or</text>
          </level>
          <level label="B">
            <text>the Correctional Officers’ Retirement System and the Employees’ Pension System; or</text>
          </level>
        </level>
        <level label="iv">
          <text>is at least 55 years old and has:</text>
          <level label="1">
            <text>at least 5 years of eligibility service credit, if the member is a member on or before June 30, 2011; or</text>
          </level>
          <level label="2">
            <text>at least 10 years of eligibility service credit, if the member becomes a member on or after July 1, 2011; and</text>
          </level>
        </level>
      </level>
      <level label="2">
        <text>the member completes and submits a written application to the Board of Trustees stating the date when the member desires to retire.</text>
      </level>
    </level>
    <level label="b">
      <level label="1">
        <text>Except as provided in paragraph (2) of this subsection, on retirement under this section, a member is entitled to receive a normal service retirement allowance that equals one fifty–fifth of the member’s average final compensation multiplied by the number of years of creditable service.</text>
      </level>
      <level label="2">
        <text>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="c">
      <level label="1">
        <text>This subsection applies only to:</text>
        <level label="i">
          <text>a correctional case management specialist, supervisor, or manager who has a combined total of 20 years of eligibility service as provided in subsection (a)(1)(ii) of this section; or</text>
        </level>
        <level label="ii">
          <text>a member serving in a position specified in § 25–201(a)(8), (9), (10), (11), (12), (13), (14), or (15) of this title who has a combined total of 20 years of eligibility service as provided in subsection (a)(1)(iii) of this section.</text>
        </level>
      </level>
      <level label="2">
        <text>A member is entitled to receive a normal service retirement allowance that equals an allowance based on the creditable service the member has in the Correctional Officers’ Retirement System.</text>
      </level>
    </level>
  </section>
  <section article="gsp" article_name="State Personnel and Pensions" number="25-401.1" title_number="25" title_name="Correctional Officers' Retirement System" subtitle_number="4" subtitle_name="Service Retirement Benefits">
    <level label="a">
      <text>This section applies only to a Baltimore City Jail employee who:</text>
      <level label="1">
        <text>on or before June 30, 1991, was employed by the City of Baltimore as an employee of the Baltimore City Jail for at least 5 years; and</text>
      </level>
      <level label="2">
        <text>is a member of the Correctional Officers’ Retirement System on or after June 30, 2006.</text>
      </level>
    </level>
    <level label="b">
      <text>A member described in subsection (a) of this section may retire with an early service retirement allowance if:</text>
      <level label="1">
        <text>the member completes and submits a written application to the Board of Trustees stating the date when the member desires to retire; and</text>
      </level>
      <level label="2">
        <text>on or before the date of retirement, the member has at least 10 years but less than 20 years of eligibility service.</text>
      </level>
    </level>
    <level label="c">
      <text>On retirement under this section, a member is entitled to receive an early service retirement allowance that equals the normal service retirement allowance under § 25-401 of this subtitle.</text>
    </level>
  </section>
  <section article="gsp" article_name="State Personnel and Pensions" number="25-402" title_number="25" title_name="Correctional Officers' 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 § 25-401 of this subtitle when the former member’s membership terminated;</text>
      </level>
      <level label="2">
        <text>did not submit a written application under § 25-401 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 § 25-401 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 submits a completed application to the Board of Trustees.</text>
      </level>
    </level>
  </section>
  <section article="gsp" article_name="State Personnel and Pensions" number="25-403" title_number="25" title_name="Correctional Officers' Retirement System" subtitle_number="4" subtitle_name="Service Retirement Benefits">
    <level label="a">
      <text>Except as provided in subsection (h) of this section, an individual who is receiving a service retirement allowance or vested allowance may accept employment with a participating employer on a permanent, temporary, or contractual 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">
      <level label="1">
        <text>The Board of Trustees shall reduce the allowance of an individual who accepts employment as provided under subsection (a) of this section if:</text>
        <level label="i">
          <text>the individual’s current employer is a participating employer other than the State and is the same participating employer that employed the individual at the time of the individual’s last separation from employment with a participating employer before the individual commenced receiving a service retirement allowance or vested allowance; or</text>
        </level>
        <level label="ii">
          <text>the individual’s current employer is any unit of State government and 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.</text>
        </level>
      </level>
      <level label="2">
        <level label="i">
          <text>Subject to subparagraphs (ii) and (iii) of this paragraph, the reduction under paragraph (1) of this subsection shall equal 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="ii">
          <text>Any reduction taken under this subsection may not reduce the retiree’s allowance to an amount less than the required deduction for:</text>
          <level label="1">
            <text>if the retiree retired from any unit of State government, the retiree’s monthly State–approved medical insurance premiums; or</text>
          </level>
          <level label="2">
            <text>if the retiree retired from a participating employer other than the State, the approved monthly medical insurance premiums required by the participating employer that employed the retiree at the time of the retiree’s retirement.</text>
          </level>
        </level>
        <level label="iii">
          <text>The Board of Trustees shall recover from the retiree any difference between the reduction required under subparagraph (i) of this paragraph and the reduction taken under subparagraph (ii) of this paragraph.</text>
        </level>
      </level>
      <level label="3">
        <text>The reduction under 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;</text>
        </level>
        <level label="ii">
          <text>an individual whose average final compensation was less than the minimum annual salary on the standard State pay scale as of January 1 of the preceding calendar year and who is reemployed on a permanent, temporary, or contractual basis;</text>
        </level>
        <level label="iii">
          <text>an individual who is serving in an elected position as an official of a participating governmental unit or as a constitutional officer for a county that is a participating governmental unit;</text>
        </level>
        <level label="iv">
          <text>a retiree of the Correctional Officers’ Retirement System who is reemployed on a contractual basis for not more than 4 years by the Division of Correction, the Division of Pretrial Detention and Services, or the Patuxent Institution in the Department of Public Safety and Correctional Services as a correctional officer in a correctional facility defined in § 1–101 of the Correctional Services Article;</text>
        </level>
        <level label="v">
          <text>a retiree of the Correctional Officers’ Retirement System who is reemployed on a contractual basis for not more than 4 years as a parole and probation employee in a position authorized under Title 6, Subtitle 1 of the Correctional Services Article; or</text>
        </level>
        <level label="vi">
          <text>a retiree of the Correctional Officers’ Retirement System who is employed as a bailiff in a State court.</text>
        </level>
      </level>
    </level>
    <level label="c">
      <text>An individual who is receiving a service retirement allowance or a vested allowance and who is reemployed by a participating employer may not receive creditable service or eligibility service during the period of reemployment.</text>
    </level>
    <level label="d">
      <text>The individual’s compensation during the period of reemployment may not be subject to the employer pickup provisions of § 21–303 of this article or any reduction or deduction as a member contribution for pension or retirement purposes.</text>
    </level>
    <level label="e">
      <text>The State Retirement Agency shall institute appropriate reporting procedures with the affected payroll systems to ensure compliance with this section.</text>
    </level>
    <level label="f">
      <level label="1">
        <text>Immediately on the employment of any individual receiving a service retirement allowance or a vested allowance, a participating employer shall notify the State Retirement Agency of the type of employment and the anticipated earnings of the individual.</text>
      </level>
      <level label="2">
        <text>At least once each year, in a format specified by the State Retirement Agency, each participating employer shall provide the State Retirement Agency with a list of all employees included on any payroll of the employer, the Social Security numbers of the employees, and their earnings for that year.</text>
      </level>
    </level>
    <level label="g">
      <text>At the request of the State Retirement Agency, a unit of State government shall certify to the State Retirement Agency that the individual was not employed by any unit of State government at the time of the individual’s last separation from employment before the individual commenced receiving a service retirement allowance or a vested allowance.</text>
    </level>
    <level label="h">
      <text>An individual who is receiving a service retirement allowance under this title may not be employed within 45 days of the date the individual retired, on a permanent, temporary, or contractual basis, by:</text>
      <level label="1">
        <text>the State or other participating employer; or</text>
      </level>
      <level label="2">
        <text>a withdrawn participating governmental unit, if the retiree was an employee of the withdrawn participating governmental unit while the withdrawn governmental unit was a participating employer.</text>
      </level>
    </level>
    <level label="i">
      <text>The Division of Correction, the Division of Pretrial Detention and Services, or the Patuxent Institution in the Department of Public Safety and Correctional Services shall notify the State Retirement Agency of any retirees who qualify under subsection (b)(3)(iv) of this section.</text>
    </level>
    <level label="j">
      <text>On or before September 1 of each year, the Commissioner of Corrections, the Commissioner of Pretrial Detention and Services, and the Director of the Patuxent Institution in the Department of Public Safety and Correctional Services shall jointly submit a report in accordance with § 2–1257 of the State Government Article to the Joint Committee on Pensions that provides:</text>
      <level label="1">
        <text>the number of rehired retirees under subsection (b)(3)(iv) and (vi) of this section;</text>
      </level>
      <level label="2">
        <text>the annual salary of each rehired retiree at the time of retirement and the current annual salary of each rehired retiree;</text>
      </level>
      <level label="3">
        <text>the number of correctional officers hired who are not retirees; and</text>
      </level>
      <level label="4">
        <text>the annual salary of each correctional officer who is hired.</text>
      </level>
    </level>
  </section>
  <section article="gsp" article_name="State Personnel and Pensions" number="25-404" title_number="25" title_name="Correctional Officers' Retirement System" subtitle_number="4" subtitle_name="Service Retirement Benefits">
    <text>A member may be entitled to benefits under Title 29 of this article other than, or in addition to, the benefits provided under this subtitle.</text>
  </section>
</subtitle>