This subsection applies only to an individual who is a member of the Judges’ Retirement System on or before June 30, 2012. A member or former member is entitled to a retirement allowance: on termination of service, if the member is at least 60 years old; on the recommendation of the medical board, if the member or former member resigns because of disability; when retired by order of the Supreme Court of Maryland; or at the age of 60 years, if the former member’s termination of service occurred earlier. This subsection applies only to an individual who becomes a member of the Judges’ Retirement System on or after July 1, 2012. A member or former member is entitled to a retirement allowance: on termination of service, if the member is at least 60 years old and has at least 5 years of eligibility service; on the recommendation of the medical board, if the member or former member resigns because of disability; when retired by order of the Supreme Court of Maryland, if the member has at least 5 years of eligibility service; at the mandatory retirement age required by Article IV, § 3 of the Maryland Constitution with less than 5 years of eligibility service, if the member has eligibility service equal to the mandatory retirement age required by Article IV, § 3 of the Maryland Constitution minus the member’s age when the member first becomes a member; or at the age of 60 years, if the former member’s termination of service occurred earlier and the former member had at least 5 years of eligibility service when the former member terminated service.

Except as provided in subsection (b) of this section and subject to subsections (c) and (d) of this section, on retirement under this subtitle, a retiree is entitled to receive a retirement allowance that equals two-thirds of the salary payable in that fiscal year to a member holding the same level judicial position as that held by the retiree on termination of service. This subsection applies only to a retiree who is a magistrate in chancery or juvenile causes at the time of termination of service. Subject to subsections (c) and (d) of this section, on retirement under this subtitle, a retiree is entitled to receive a retirement allowance that equals: two–thirds of the salary payable at the time of termination of service; or for a retiree who was receiving a retirement allowance as of June 30, 1993, the retirement allowance being received as of that date. A retirement allowance computed under paragraph (2) of this subsection shall be increased each fiscal year that circuit court judges receive salary increases, at a rate equal to the average rate of increase of salaries of all circuit court judges for that fiscal year. This paragraph applies only to an individual who is a member of the Judges’ Retirement System on or before June 30, 2012. On retirement under this subtitle by a retiree who has less than 16 years of service credit as a member, the retiree is entitled to a reduced retirement allowance that equals the retirement allowance computed under subsection (a) or (b) of this section multiplied by a fraction that has: for its numerator, the number of years of service credit as a member; and for its denominator, 16. This paragraph applies only to an individual who becomes a member of the Judges’ Retirement System on or after July 1, 2012. On retirement under this subtitle by a retiree who has at least 5 years but less than 16 years of service credit as a member, the retiree is entitled to a reduced retirement allowance that equals the retirement allowance computed under subsection (a) or (b) of this section multiplied by a fraction that has: for its numerator, the number of years of service credit as a member; and for its denominator, 16. On retirement under this subtitle by a retiree who is eligible to retire under § 27–401(b)(2)(iv) of this subtitle, the retiree is entitled to a reduced retirement allowance that equals the retirement allowance computed under subsection (a) or (b) of this section multiplied by a fraction that has: for its numerator, the number of years of service credit as a member; and for its denominator, 16. This subsection applies to a member or former member who: retires on disability; or is deemed to retire on disability under paragraph (3) of this subsection. If a member or former member has at least 3 years of service credit as a member, the member or former member is entitled to a retirement allowance that is at least one-third of the member’s or former member’s salary at retirement. A member who dies after submitting an application for disability but before the medical board approves the application is deemed retired on disability.

Except as provided in paragraph (2) of this subsection and subsection (d) of this section, on the death of a member, the Board of Trustees shall pay to the surviving spouse 50% of the retirement allowance that would be payable were the member alive and eligible to receive a retirement allowance. If at the time of death the member does not have a surviving spouse or a child who is under the age of 26 years or is disabled, the Board of Trustees shall pay to the member’s designated beneficiary or beneficiaries a lump–sum death benefit consisting of the sum of: the member’s accumulated contributions; and an amount equal to the member’s annual salary at the time of death. If a member has designated more than one beneficiary, the lump–sum death benefit provided in subparagraph (i) of this paragraph shall be divided equally among the beneficiaries. Except as provided in subsection (d) of this section, on the death of a former member or retiree, the Board of Trustees shall pay to the surviving spouse 50% of the retirement allowance that would be payable were the former member or retiree alive and eligible to receive a retirement allowance. This subsection applies to a member, former member, or retiree who at the time of death: does not have a spouse; and has a child under the age of 26 years, or a child who is disabled. Except as provided in subsection (d) of this section, the Board of Trustees shall pay to the surviving children of the member, former member, or retiree who are under the age of 26 years or are disabled the retirement allowance that would have been paid to a surviving spouse under subsection (a) or (b) of this section. Except as provided in subparagraphs (ii) and (iii) of this paragraph, if the Board of Trustees pays an allowance to more than one child, the Board of Trustees shall divide the allowance equally among the children in a manner that provides for payments to continue until: each child has died; or each child becomes 26 years old. Notwithstanding paragraph (3)(i)2 of this subsection, a surviving child who is disabled shall continue to receive an allowance under subparagraph (i) of this paragraph past the age of 26 years, if the child continues to be disabled. If a surviving child receiving an allowance under subparagraph (i) of this paragraph 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 subparagraph (i) of this paragraph after: all other nondisabled surviving children have died; or the youngest nondisabled surviving child becomes 26 years old. If more than one surviving child is disabled, as defined under § 72(m)(7) of the Internal Revenue Code, the allowance payable under subparagraph (iii) of this paragraph shall be divided equally among the disabled children. Except as provided in paragraph (2) of this subsection, a benefit may not be paid under this section if a benefit is paid under § 29–204.3 of this article. If all individuals who are eligible for a special death benefit under § 29–204.3 of this article elect to waive the payment of a special death benefit under § 29–204.3 of this article, a benefit shall be paid in accordance with this section.

Except for a retiree who elects an optional form of an allowance under §§ 21–401 and 21–402 of this article, payment of an allowance ends and further rights may not arise from service as a member if: a member, former member, or retiree dies; and the member, former member, or retiree leaves no surviving spouse or children who are under the age of 26 years or are disabled; the surviving spouse dies and there are no children of the member, former member, or retiree, who are under the age of 26 years or are disabled; or the last of any children who are under the age of 26 years and are not disabled becomes 26 years old or dies before becoming 26 years old.

If a member’s service is terminated by death and the member leaves no spouse, child who is under the age of 26 years or is disabled, or designated beneficiary or beneficiaries, the member’s accumulated contributions shall be paid to the member’s estate.

This section does not apply to a retiree who is temporarily assigned to sit in a court of this State under the authority of Article IV, § 3A of the Maryland Constitution. Subject to subsection (e) of this section, a retiree may accept employment in which all or part of the compensation for the employment comes from municipal, county, or State funds, if the retiree immediately notifies the Board of Trustees of: the retiree’s intention to accept the employment; and the compensation that the retiree will receive. Except as provided in paragraph (3) of this subsection, the Board of Trustees shall reduce the retirement allowance of a retiree who accepts employment as provided under subsection (b) of this section if the retiree’s current employer is any unit of State government and the retiree’s employer at the time of the retiree’s last separation from employment with the State before the retiree commenced receiving a service retirement allowance was also a unit of State government. The reduction required under paragraph (1) of this subsection shall equal the amount that the sum of the retiree’s annual retirement allowance and the retiree’s annual compensation exceeds the amount of the compensation on which the retirement allowance is based. The reduction required under paragraph (1) of this subsection does not apply to an individual who: has been retired for 5 years, beginning on January 1 after the date the individual retires; or is employed as a member of the faculty of a public institution of higher education in the State. Any reduction taken under subsection (c) of this section may not reduce the retiree’s allowance to an amount less than the required deduction for the retiree’s monthly State–approved medical insurance premiums. The Board of Trustees shall recover from the retiree any difference between the reduction required under subsection (c) of this section and the reduction taken under paragraph (1) of this subsection. A retiree 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 individual retired.

In this section: “supplement” means a payment in addition to a retirement allowance that is paid to a retiree or a surviving spouse of a member, former member, or retiree; and “supplement” includes a salary, bonus, pension, or spouse’s benefits. Except as provided in subsection (c) of this section, a county may not pay a supplement to a retiree or a surviving spouse of a member, former member, or retiree. If a retiree was covered by the contributory plan of the Judges’ Retirement System as a member or former member on or before June 30, 1974, a county may pay a supplement to the retiree or surviving spouse of the retiree, if: the sum of the supplement and the retirement allowance of the retiree does not exceed $20,000; or the sum of the supplement and the retirement allowance of the surviving spouse does not exceed $10,000.