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<section article="gsp" article_name="State Personnel and Pensions" number="27-406" title_number="27" title_name="Judges' Retirement System" subtitle_number="4" subtitle_name="Benefits">
  <level label="a">
    <text>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.</text>
  </level>
  <level label="b">
    <text>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:</text>
    <level label="1">
      <text>the retiree’s intention to accept the employment; and</text>
    </level>
    <level label="2">
      <text>the compensation that the retiree will receive.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>The reduction required under paragraph (1) of this subsection does not apply to an individual who:</text>
      <level label="i">
        <text>has been retired for 5 years, beginning on January 1 after the date the individual retires; or</text>
      </level>
      <level label="ii">
        <text>is employed as a member of the faculty of a public institution of higher education in the State.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
  <level label="e">
    <text>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.</text>
  </level>
</section>
