<section article="gsp" article_name="State Personnel and Pensions" number="29-101" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="1" subtitle_name="Disability Benefits"> <text>This subtitle does not apply to the Judges’ Retirement System.</text> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-102" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="1" subtitle_name="Disability Benefits"> <text>Before the Board of Trustees grants a retirement allowance for a disability, an application must be completed and submitted to the Board of Trustees in accordance with §§ 29-103 and 29-104 of this subtitle.</text> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-103" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="1" subtitle_name="Disability Benefits"> <level label="a"> <text>Subject to § 29–104 of this subtitle, an application for disability retirement may be submitted:</text> <level label="1"> <text>by a member;</text> </level> <level label="2"> <text>by a former member;</text> </level> <level label="3"> <text>by a surviving beneficiary of a deceased member; or</text> </level> <level label="4"> <text>for a member, as provided in subsections (b) through (d) of this section.</text> </level> </level> <level label="b"> <level label="1"> <text>This subsection does not apply to members of:</text> <level label="i"> <text>the State Police Retirement System;</text> </level> <level label="ii"> <text>the Teachers’ Pension System; or</text> </level> <level label="iii"> <text>the Teachers’ Retirement System.</text> </level> </level> <level label="2"> <text>If a member is unable to apply, the member’s department head may complete and submit an application to the Board of Trustees for the member.</text> </level> </level> <level label="c"> <level label="1"> <text>This subsection applies to a member of the State Police Retirement System.</text> </level> <level label="2"> <text>The Secretary of State Police may complete an application and submit it to the Board of Trustees for a member if:</text> <level label="i"> <text>the member is unable or refuses to submit an application for disability retirement;</text> </level> <level label="ii"> <text>the Secretary believes the member to be permanently physically or mentally incapable of performing assigned duties;</text> </level> <level label="iii"> <text>there is sufficient medical evidence in the form of a professional opinion of an independent medical practitioner who has recognized expertise in the diagnosis and treatment of the specified illness of the officer to support the Secretary’s determination of permanent disability;</text> </level> <level label="iv"> <text>the onset of the disability occurred at least 1 year earlier; and</text> </level> <level label="v"> <text>any administrative leave granted under § 2-410 of the Public Safety Article has expired.</text> </level> </level> <level label="3"> <text>This subsection does not prevent an officer from exercising rights granted under § 21-111(b) of this article.</text> </level> </level> <level label="d"> <level label="1"> <text>This subsection applies to members of:</text> <level label="i"> <text>the Teachers’ Pension System; and</text> </level> <level label="ii"> <text>the Teachers’ Retirement System.</text> </level> </level> <level label="2"> <text>If a member is unable to apply, the member’s State or county superintendent may complete and submit an application to the Board of Trustees for the member.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-104" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="1" subtitle_name="Disability Benefits"> <level label="a"> <text>Except as provided in subsections (c) and (d) of this section and subject to subsection (e) of this section, an application for disability retirement must be submitted before the date membership ends.</text> </level> <level label="b"> <level label="1"> <text>This subsection applies only to an application for an ordinary or accidental disability retirement allowance filed by a member of the Employees’ Pension System or the Teachers’ Pension System who is not subject to the contributory pension benefit or the Alternate Contributory Pension Selection and who separated from employment on or before June 30, 2005.</text> </level> <level label="2"> <text>For the purpose of submitting an application for disability, membership continues for 4 years after paid employment ends.</text> </level> </level> <level label="c"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, the Board of Trustees may accept an application for ordinary, accidental, or special disability retirement from a former member within 24 months after the month membership ended if the former member proves to the satisfaction of the medical board that failure to submit an application while a member was attributable solely to physical or mental incapacity during the filing period.</text> </level> <level label="2"> <text>The Board of Trustees may accept an application for ordinary or accidental disability retirement from a former member of the Teachers’ Retirement System within 12 months after the month membership ended if the former member of the Teachers’ Retirement System proves to the satisfaction of the medical board that failure to submit an application while a member of the Teachers’ Retirement System was attributable solely to physical or mental incapacity during the filing period.</text> </level> <level label="3"> <text>If the Board of Trustees accepts a disability retirement application under this subsection and grants a disability retirement allowance, the retirement allowance begins as of the first day of the month after the Board of Trustees receives the application.</text> </level> </level> <level label="d"> <level label="1"> <text>The Board of Trustees shall accept an application for ordinary, accidental, or special disability retirement from a surviving beneficiary of a deceased member, if a preliminary application for disability retirement or an application for disability retirement:</text> <level label="i"> <text>is signed and dated by the deceased member within 7 days before the death of the member; and</text> </level> <level label="ii"> <text>is received by the Board of Trustees on or before 30 days after the date of the death of the member.</text> </level> </level> <level label="2"> <text>If the Board of Trustees receives an application under paragraph (1) of this subsection:</text> <level label="i"> <text>the medical board shall review the application to determine if the deceased member was mentally or physically incapacitated for the further performance of the normal duties of the individual’s position; and</text> </level> <level label="ii"> <text>the Board of Trustees shall review the application to determine if the preliminary application for disability retirement or the application for disability retirement was signed by the deceased member before the death of the member.</text> </level> </level> <level label="3"> <text>The Board of Trustees shall grant a disability retirement allowance, if:</text> <level label="i"> <text>the medical board determines that the deceased member would have been eligible for disability retirement at the time the deceased member signed the disability application; and</text> </level> <level label="ii"> <text>the Board of Trustees determines that the signature is valid.</text> </level> </level> <level label="4"> <text>In order for the signature to be valid, a surviving beneficiary shall submit to the Board of Trustees an affidavit signed by an individual who witnessed the deceased member signing the preliminary application for disability retirement or the application for disability retirement before the death of the member.</text> </level> <level label="5"> <text>If the Board of Trustees accepts a disability retirement application under this subsection and grants a disability retirement allowance, the retirement allowance begins as of the first day of the month after the Board of Trustees receives the application.</text> </level> </level> <level label="e"> <level label="1"> <text>This subsection does not apply to an application for special disability under the State Police Retirement System or an application for accidental disability under the Law Enforcement Officers’ Pension System or to an application for accidental disability under the Correctional Officers’ Retirement System.</text> </level> <level label="2"> <text>The Board of Trustees may not accept an application for accidental disability filed by a member or former member more than 5 years after the date of the claimed accident.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-105" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="1" subtitle_name="Disability Benefits"> <level label="a"> <text>The Board of Trustees shall grant an ordinary disability retirement allowance to a member if:</text> <level label="1"> <text>the member has at least 5 years of eligibility service; and</text> </level> <level label="2"> <text>the medical board certifies that:</text> <level label="i"> <text>the member is mentally or physically incapacitated for the further performance of the normal duties of the member’s position;</text> </level> <level label="ii"> <text>the incapacity is likely to be permanent; and</text> </level> <level label="iii"> <text>the member should be retired.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>This subsection applies only to a member of the Employees’ Pension System who:</text> <level label="i"> <text>is promoted within the Department of Corrections to a position that no longer is eligible for membership in the Correctional Officers’ Pension System as provided in § 25-201 of this article;</text> </level> <level label="ii"> <text>elects not to transfer the years of creditable service the individual accrued in the Correctional Officers’ Retirement System to the Employees’ Pension System; and</text> </level> <level label="iii"> <text>is eligible to receive a vested allowance from the Correctional Officers’ Retirement System.</text> </level> </level> <level label="2"> <text>A member may combine the eligibility service accrued in the Correctional Officers’ Retirement System and the Employees’ Pension System to determine if the member is eligible for an ordinary disability retirement allowance under subsection (a) of this section from the Employees’ Pension System.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-106" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="1" subtitle_name="Disability Benefits"> <level label="a"> <text>This section applies only to members of:</text> <level label="1"> <text>the Correctional Officers’ Retirement System;</text> </level> <level label="2"> <text>the Employees’ Retirement System; and</text> </level> <level label="3"> <text>the Teachers’ Retirement System.</text> </level> </level> <level label="b"> <text>An ordinary disability retirement allowance equals the greater of:</text> <level label="1"> <text>a normal service retirement allowance; or</text> </level> <level label="2"> <text>the amount computed under subsection (c) or (d) of this section.</text> </level> </level> <level label="c"> <text>If a member is at least normal retirement age, the amount to be used under subsection (b)(2) of this section is 25% of the member’s average final compensation.</text> </level> <level label="d"> <text>If a member is under normal retirement age, the amount to be used under subsection (b)(2) of this section is the lesser of:</text> <level label="1"> <text>25% of the member’s average final compensation; or</text> </level> <level label="2"> <text>the normal service retirement allowance that is computed by using:</text> <level label="i"> <text>the number of years of creditable service that the member would have received if the member continued employment until normal retirement age; and</text> </level> <level label="ii"> <text>an average final compensation that the member would have received if the member continued employment without a change in earnable compensation.</text> </level> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-107" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="1" subtitle_name="Disability Benefits"> <level label="a"> <text>This section applies only to members of the State Police Retirement System.</text> </level> <level label="b"> <text>An ordinary disability retirement allowance equals the greater of:</text> <level label="1"> <text>a normal service retirement allowance; or</text> </level> <level label="2"> <text>35% of the member’s average final compensation.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-108" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="1" subtitle_name="Disability Benefits"> <level label="a"> <text>This section applies only to members of:</text> <level label="1"> <text>the Employees’ Pension System;</text> </level> <level label="2"> <text>the Local Fire and Police System;</text> </level> <level label="3"> <text>the Law Enforcement Officers’ Pension System; and</text> </level> <level label="4"> <text>the Teachers’ Pension System.</text> </level> </level> <level label="b"> <text>Except as provided in subsections (c), (d), and (e) of this section, an ordinary disability retirement allowance equals:</text> <level label="1"> <text>if the member is at least normal retirement age, a normal service retirement allowance; or</text> </level> <level label="2"> <text>if the member is under normal retirement age, a normal service retirement allowance that is computed by using:</text> <level label="i"> <text>the number of years of creditable service the member would have received if the member continued employment until normal retirement age; and</text> </level> <level label="ii"> <text>an average final compensation the member would have received if the member continued employment without a change in earnable compensation.</text> </level> </level> </level> <level label="c"> <text>A member of the Employees’ Pension System or the Teachers’ Pension System who has transferred from the Employees’ Retirement System or the Teachers’ Retirement System shall receive the benefits provided under the State system from which the member transferred, offset by any refunded contributions including any interest received in connection with the transfer, if:</text> <level label="1"> <text>the member applies for the retirement allowance within 2 years after the transfer; and</text> </level> <level label="2"> <text>the Board of Trustees grants a disability retirement allowance to the member.</text> </level> </level> <level label="d"> <level label="1"> <text>This subsection applies only to:</text> <level label="i"> <text>a member of the Local Fire and Police Pension System who has transferred from the Employees’ Retirement System; or</text> </level> <level label="ii"> <text>a member of the Law Enforcement Officers’ Pension System who has transferred from the Employees’ Retirement System after electing to receive benefits in accordance with Selection A (Additional member contributions) as defined in § 22-101(b) of this article or Selection B (Limited cost-of-living adjustment) as defined in § 22-101(c) of this article.</text> </level> </level> <level label="2"> <text>An ordinary disability retirement allowance equals the greater of:</text> <level label="i"> <text>a normal service retirement allowance; or</text> </level> <level label="ii"> <text>25% of the member’s average final compensation.</text> </level> </level> </level> <level label="e"> <level label="1"> <text>This subsection applies only to a member of the Employees’ Pension System who:</text> <level label="i"> <text>is promoted within the Department of Corrections to a position that no longer is eligible for membership in the Correctional Officers’ Retirement System as provided in § 25-201 of this article;</text> </level> <level label="ii"> <text>elects not to transfer the years of creditable service the individual accrued in the Correctional Officers’ Retirement System to the Employees’ Pension System; and</text> </level> <level label="iii"> <text>is eligible to receive a vested allowance from the Correctional Officers’ Retirement System.</text> </level> </level> <level label="2"> <text>An ordinary disability retirement allowance equals:</text> <level label="i"> <text>a normal service retirement allowance in the Correctional Officers’ Retirement System based on the member’s total years of creditable service accrued in the Correctional Officers’ Retirement System; plus</text> </level> <level label="ii"> <text>an ordinary disability retirement allowance based on the member’s total years of creditable service accrued in the Employees’ Pension System.</text> </level> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-109" future_version_removed="true" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="1" subtitle_name="Disability Benefits"> <level label="a"> <text>This section does not apply to the State Police Retirement System.</text> </level> <level label="b"> <text>Except as provided in subsection (c) of this section, the Board of Trustees shall grant an accidental disability retirement allowance to a member if:</text> <level label="1"> <text>the member is totally and permanently incapacitated for duty as the natural and proximate result of an accident that occurred in the actual performance of duty at a definite time and place without willful negligence by the member; and</text> </level> <level label="2"> <text>the medical board certifies that:</text> <level label="i"> <text>the member is mentally or physically incapacitated for the further performance of the normal duties of the member’s position;</text> </level> <level label="ii"> <text>the incapacity is likely to be permanent; and</text> </level> <level label="iii"> <text>the member should be retired.</text> </level> </level> </level> <level label="c"> <text>The Board of Trustees shall grant an accidental disability retirement allowance to a member of the Law Enforcement Officers’ Pension System if:</text> <level label="1"> <text>the member is totally and permanently incapacitated for duty arising out of or in the course of the actual performance of duty without willful negligence by the member; and</text> </level> <level label="2"> <text>the medical board certifies that:</text> <level label="i"> <text>the member is totally incapacitated, either mentally or physically, for the further performance of duty;</text> </level> <level label="ii"> <text>the incapacity is likely to be permanent; and</text> </level> <level label="iii"> <text>the member should be retired.</text> </level> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-110" future_version_removed="true" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="1" subtitle_name="Disability Benefits"> <level label="a"> <text>This section does not apply to the State Police Retirement System.</text> </level> <level label="b"> <text>Except as provided in subsection (c) of this section, an accidental disability retirement allowance equals the lesser of:</text> <level label="1"> <text>the member’s average final compensation; or</text> </level> <level label="2"> <text>the sum of:</text> <level label="i"> <text>an annuity that is the actuarial equivalent of the member’s accumulated contributions at retirement; and</text> </level> <level label="ii"> <text>a pension equal to two–thirds of the member’s average final compensation.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>This subsection applies to a member of a State system other than the Law Enforcement Officers’ Pension System who is at least normal retirement age.</text> </level> <level label="2"> <text>An accidental disability retirement allowance equals the greater of:</text> <level label="i"> <text>a normal service retirement allowance; or</text> </level> <level label="ii"> <text>an accidental disability retirement allowance computed in accordance with subsection (b) of this section.</text> </level> </level> </level> <level label="d"> <level label="1"> <text>This subsection applies only to a member of the Employees’ Pension System who:</text> <level label="i"> <text>is promoted within the Department of Corrections to a position that no longer is eligible for membership in the Correctional Officers’ Retirement System as provided in § 25–201 of this article;</text> </level> <level label="ii"> <text>elects not to transfer the years of creditable service the individual accrued in the Correctional Officers’ Retirement System to the Employees’ Pension System; and</text> </level> <level label="iii"> <text>is eligible to receive a vested allowance from the Correctional Officers’ Retirement System.</text> </level> </level> <level label="2"> <text>A member may receive an accidental disability retirement allowance under this section if the member:</text> <level label="i"> <text>does not elect to receive a vested allowance from the Correctional Officers’ Retirement System; and</text> </level> <level label="ii"> <text>transfers the member’s accumulated contributions in the Correctional Officers’ Retirement System to the Employees’ Pension System.</text> </level> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-111" future_version_removed="true" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="1" subtitle_name="Disability Benefits"> <level label="a"> <text>This section applies to the State Police Retirement System.</text> </level> <level label="b"> <text>Except as provided in § 24–401.1(k) of this article, the Board of Trustees shall grant a special disability retirement allowance to a member if:</text> <level label="1"> <text>the member is totally and permanently incapacitated for duty arising out of or in the course of the actual performance of duty without willful negligence by the member; and</text> </level> <level label="2"> <text>the medical board certifies that:</text> <level label="i"> <text>the member is totally incapacitated, either mentally or physically, for the further performance of duty;</text> </level> <level label="ii"> <text>the incapacity is likely to be permanent; and</text> </level> <level label="iii"> <text>the member should be retired.</text> </level> </level> </level> <level label="c"> <text>Except as provided in subsection (d) of this section, a special disability retirement allowance equals the lesser of:</text> <level label="1"> <text>the member’s average final compensation; or</text> </level> <level label="2"> <text>the sum of:</text> <level label="i"> <text>an annuity that is the actuarial equivalent of the member’s accumulated contributions at retirement; and</text> </level> <level label="ii"> <text>a pension equal to two–thirds of the member’s average final compensation.</text> </level> </level> </level> <level label="d"> <level label="1"> <text>This subsection applies to a member who is at least normal retirement age.</text> </level> <level label="2"> <text>A special disability retirement allowance equals the greater of:</text> <level label="i"> <text>a normal service retirement allowance; or</text> </level> <level label="ii"> <text>a special disability retirement allowance computed in accordance with subsection (c) of this section.</text> </level> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-112" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="1" subtitle_name="Disability Benefits"> <text>If the Board of Trustees approves an application for disability retirement for a member of the State Police Retirement System that was filed by the Secretary of State Police under § 29-103(c) of this subtitle or § 2-415(b) of the Public Safety Article, the member:</text> <level label="1"> <text>within 90 days after approval, may exercise an option as provided under §§ 21-402 and 21-403 of this article; or</text> </level> <level label="2"> <text>shall receive the basic allowance.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-113" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="1" subtitle_name="Disability Benefits"> <level label="a"> <text>Subject to subsection (b) of this section, a disability retiree of the State Police Retirement System, or a beneficiary of a disability retiree of the State Police Retirement System, who retires on or before June 30, 1999, with an ordinary or special disability retirement allowance under § 29–107 or § 29–111 of this subtitle, 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> <level label="b"> <text>Each fiscal year, the Board of Trustees shall increase the adjustment received by the retiree or the beneficiary as of July 1, 1999, by multiplying the adjustment by a fraction that has:</text> <level label="1"> <text>as its numerator, the Consumer Price Index for the calendar year ending December 31 of the preceding fiscal year; and</text> </level> <level label="2"> <text>as its denominator, the Consumer Price Index for the calendar year ending December 31, 1998.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-114" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="1" subtitle_name="Disability Benefits"> <text>A member entitled to an accidental disability retirement allowance or a special disability retirement allowance may not receive a retirement allowance for ordinary disability.</text> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-115" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="1" subtitle_name="Disability Benefits"> <level label="a"> <level label="1"> <text>This section applies only to a disability retiree who is not eligible to receive a normal service retirement.</text> </level> <level label="2"> <text>This section does not apply to a disability retiree:</text> <level label="i"> <text>who is a retiree of:</text> <level label="1"> <text>the State Police Retirement System;</text> </level> <level label="2"> <text>the Law Enforcement Officers’ Pension System;</text> </level> <level label="3"> <text>the Local Fire and Police System; or</text> </level> <level label="4"> <text>the Employees’ Retirement System or the Employees’ Pension System, if at the time of retirement the retiree was a law enforcement officer for a participating employer under § 26–201(a) of this article;</text> </level> </level> <level label="ii"> <text>who is reemployed by a participating employer in any position other than a probationary status law enforcement officer, a law enforcement officer, as defined in § 1–101 of the Public Safety Article, or chief; and</text> </level> <level label="iii"> <text>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.</text> </level> </level> </level> <level label="b"> <level label="1"> <level label="i"> <text>The Board of Trustees shall, after giving notice, temporarily suspend the retiree’s allowance if the retiree:</text> <level label="1"> <text>began receiving a disability retirement allowance on or after July 1, 1998; and</text> </level> <level label="2"> <text>is employed by a participating employer at an annual compensation that is at least equal to the retiree’s average final compensation at retirement.</text> </level> </level> <level label="ii"> <text>A temporary suspension under this subsection shall begin as of the date the retiree is reemployed by a participating employer under subparagraph (i)2 of this paragraph.</text> </level> </level> <level label="2"> <text>A retiree whose allowance is temporarily suspended under this subsection is not subject to a reduction as provided in § 29–116 of this subtitle during the period of employment by a participating employer.</text> </level> <level label="3"> <text>Upon receiving satisfactory documentation that the retiree is no longer employed by a participating employer, the Board of Trustees shall reinstate the retiree’s allowance with accumulated cost–of–living adjustments from the date the allowance was temporarily suspended.</text> </level> <level label="4"> <text>The retiree’s allowance will be reinstated on the first day of the month following the month in which the retiree ceased employment with the participating employer.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-116" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="1" subtitle_name="Disability Benefits"> <level label="a"> <text>This section does not apply to a disability retiree:</text> <level label="1"> <level label="i"> <text>who is a retiree of:</text> <level label="1"> <text>the State Police Retirement System;</text> </level> <level label="2"> <text>the Law Enforcement Officers’ Pension System;</text> </level> <level label="3"> <text>the Local Fire and Police System; or</text> </level> <level label="4"> <text>the Employees’ Retirement System or the Employees’ Pension System, if at the time of retirement the retiree was a law enforcement officer for a participating employer under § 26–201(a) of this article; and</text> </level> </level> <level label="ii"> <text>who is reemployed by a participating employer in any position other than a probationary status law enforcement officer, a law enforcement officer, as defined in § 1–101 of the Public Safety Article, or chief; or</text> </level> </level> <level label="2"> <level label="i"> <text>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</text> </level> <level label="ii"> <text>who is reemployed by a participating employer.</text> </level> </level> </level> <level label="b"> <text>The Board of Trustees shall reduce the pension of a retiree on ordinary disability if:</text> <level label="1"> <text>the retiree is under normal retirement age;</text> </level> <level label="2"> <text>the medical board certifies in a report to the Board of Trustees that the retiree is employed by a participating employer at an annual compensation that is greater than the difference between:</text> <level label="i"> <text>the retiree’s retirement allowance at retirement; and</text> </level> <level label="ii"> <text>the sum of:</text> <level label="1"> <text>the retiree’s average final compensation; and</text> </level> <level label="2"> <text>$5,000, which shall be adjusted annually by the percentage growth in the Consumer Price Index, as defined in § 29–401 of this title, in the calendar year preceding the fiscal year, and each subsequent adjustment shall be made on the amount calculated in the prior fiscal year;</text> </level> </level> </level> <level label="3"> <text>the Board of Trustees agrees with the medical board’s report; and</text> </level> <level label="4"> <text>the retiree’s allowance has not been temporarily suspended as provided in § 29–115 of this subtitle.</text> </level> </level> <level label="c"> <text>The Board of Trustees shall reduce the pension of a retiree who has been receiving an ordinary disability retirement allowance for:</text> <level label="1"> <text>less than 10 years, by $1 for every $2 that the retiree’s current compensation exceeds the limit under subsection (b) of this section; or</text> </level> <level label="2"> <text>at least 10 years, by $1 for every $5 that the retiree’s current compensation exceeds the limit under subsection (b) of this section.</text> </level> </level> <level label="d"> <text>The pension to be reduced under this section is the pension at retirement without any cost–of–living adjustment.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-117" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="1" subtitle_name="Disability Benefits"> <level label="a"> <text>A disability retiree who is rehired by a participating employer may not receive creditable service or eligibility service during the period of reemployment.</text> </level> <level label="b"> <text>The disability retiree’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="c"> <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="d"> <level label="1"> <text>Immediately on the employment of any retiree, a participating employer shall notify the State Retirement Agency of the type of employment and the anticipated earnings of the retiree.</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="e"> <text>An individual who is receiving a disability 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> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-118" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="1" subtitle_name="Disability Benefits"> <level label="a"> <level label="1"> <text>Except as otherwise provided in this subsection, this section applies to a retiree and any designated beneficiary.</text> </level> <level label="2"> <level label="i"> <text>This section does not apply to:</text> <level label="1"> <text>a retiree of a participating governmental unit, or a designated beneficiary of that retiree; or</text> </level> <level label="2"> <text>a retiree of the Employees’ Pension System or the Employees’ Retirement System who receives a disability retirement benefit as a former employee of a county board of education or the Board of School Commissioners of Baltimore City, or a designated beneficiary of that retiree.</text> </level> </level> <level label="ii"> <text>A retiree described in subparagraph (i) of this paragraph, or a designated beneficiary of that retiree is subject to § 9–610 of the Labor and Employment Article.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>Subject to paragraph (2) of this subsection, the Board of Trustees shall reduce an accidental or special disability retirement benefit by any related workers’ compensation benefits paid or payable after the effective date of retirement if the workers’ compensation benefits:</text> <level label="i"> <text>are paid or payable while a pension is paid or payable; and</text> </level> <level label="ii"> <text>are for an accidental personal injury arising out of and in the course of the retiree’s employment by a participating employer.</text> </level> </level> <level label="2"> <level label="i"> <text>This paragraph applies to a retiree who was originally awarded an ordinary disability retirement benefit, but whose benefit was later converted to an accidental or special disability retirement benefit by the Board of Trustees.</text> </level> <level label="ii"> <text>If the retiree was awarded related workers’ compensation benefits paid or payable after the effective date of retirement, the Board of Trustees shall adjust its reduction of the retiree’s accidental or special disability retirement benefit under paragraph (1) of this subsection to reflect any offset awarded to the retiree’s employer by the Workers’ Compensation Commission for the original ordinary disability retirement benefit.</text> </level> </level> <level label="3"> <text>A retirement allowance may not be reduced:</text> <level label="i"> <text>to be less than the sum of the retiree’s annuity and the amount authorized to be deducted for health insurance premiums; or</text> </level> <level label="ii"> <text>for workers’ compensation benefits that are reimbursements for legal fees, medical expenses, or other payments made to third parties and not to the retiree.</text> </level> </level> </level> <level label="c"> <text>The retirement allowance to be reduced under this section is the retirement allowance at retirement without any cost–of–living adjustment.</text> </level> <level label="d"> <text>Subject to subsection (b)(2) of this section, the retirement allowance to be reduced under this section is retroactive.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-201" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="2" subtitle_name="Death Benefits"> <text>Except as provided in § 29–204.3 of this subtitle, this subtitle does not apply to the Judges’ Retirement System.</text> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-202" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="2" subtitle_name="Death Benefits"> <level label="a"> <level label="1"> <level label="i"> <text>Subject to subparagraph (ii) of this paragraph, when the Board of Trustees receives proof of death of an individual who died while employed as a member, the Board of Trustees shall pay to the designated beneficiary or, if there is no designated beneficiary, to the member’s estate the amounts specified in this subsection.</text> </level> <level label="ii"> <text>If a member designates more than one beneficiary, on the death of the member, the Board of Trustees shall pay the amounts specified in this subsection in equal shares to each of the designated beneficiaries.</text> </level> </level> <level label="2"> <text>Subject to paragraph (1) of this subsection, the Board of Trustees shall pay the member’s accumulated contributions.</text> </level> <level label="3"> <text>Subject to paragraph (1) of this subsection, the Board of Trustees shall pay an amount equal to the member’s annual earnable compensation at death if the member dies in the course of the performance of duty or the member has at least 1 year of eligibility service.</text> </level> </level> <level label="b"> <level label="1"> <text>A death benefit under this section may not be paid for the death of a member of the State Police Retirement System if a special death benefit under § 29–204 of this subtitle is paid for that death.</text> </level> <level label="2"> <text>A death benefit under this section may not be paid for the death of a member of the Correctional Officers’ Retirement System if a special death benefit under § 29–204.1 of this subtitle is paid for that death.</text> </level> <level label="3"> <text>A death benefit under this section may not be paid for the death of a member of the Employees’ Retirement System, Employees’ Pension System, Teachers’ Retirement System, or Teachers’ Pension System if a special death benefit under § 29–204.2 of this subtitle is paid for that death.</text> </level> <level label="4"> <text>A death benefit under this section may not be paid for the death of a member of the Law Enforcement Officers’ Pension System if a special death benefit under § 29–203 of this subtitle is paid for that death.</text> </level> <level label="5"> <text>A death benefit under this section may not be paid for the death of a member if a retirement allowance under § 29–205 or § 29–206 of this subtitle is paid for that death.</text> </level> <level label="6"> <level label="i"> <text>If all individuals who are eligible for a special death benefit under § 29–203, § 29–204, § 29–204.1, or § 29–204.2 of this subtitle elect to waive the payment of a special death benefit, a benefit shall be paid in accordance with subsection (a) of this section.</text> </level> <level label="ii"> <text>If all individuals who are eligible for an allowance under § 29–205 or § 29–206 of this subtitle elect to waive the payment of an allowance, a benefit shall be paid in accordance with subsection (a) of this section.</text> </level> </level> </level> <level label="c"> <text>The Board of Trustees may provide the death benefit as group life insurance if the Board of Trustees finds that the designated beneficiaries would receive a more favorable tax treatment of the death benefit.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-203" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="2" subtitle_name="Death Benefits"> <level label="a"> <level label="1"> <text>This subsection applies only to an individual who dies while employed as a member of the Law Enforcement Officers’ Pension System:</text> <level label="i"> <text>without willful negligence by the member; and</text> </level> <level label="ii"> <text>with more than 2 years of eligibility service.</text> </level> </level> <level label="2"> <text>When the Board of Trustees receives proof of death of a member and finds that the death has occurred in the manner described in paragraph (1) of this subsection, the Board of Trustees shall pay:</text> <level label="i"> <text>if the member is survived by a spouse, a child under the age of 26 years, a disabled child, or a dependent parent:</text> <level label="1"> <text>the member’s accumulated contributions to the designated beneficiary, or otherwise to the member’s estate; and</text> </level> <level label="2"> <text>an allowance of 50% of the ordinary disability retirement allowance provided for in § 29–108 of this title:</text> </level> <level label="A"> <text>to the surviving spouse;</text> </level> <level label="B"> <text>if there is no surviving spouse or if the surviving spouse dies, to any children of the deceased member who are under the age of 26 years or disabled, as defined under § 72(m)(7) of the Internal Revenue Code, in accordance with subsection (c) of this section; or</text> </level> <level label="C"> <text>if there is no surviving spouse, no child younger than 26 years of age, or no disabled child, to the member’s dependent parent to continue as the Board of Trustees may direct for the rest of the parent’s life; or</text> </level> </level> <level label="ii"> <text>if the member is not survived by a spouse, a child under the age of 26 years, a disabled child, or a dependent parent, the death benefit under § 29–202 of this subtitle.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>This subsection applies only to an individual who dies while employed as a member of the Law Enforcement Officers’ Pension System:</text> <level label="i"> <text>without willful negligence by the member; and</text> </level> <level label="ii"> <text>with death arising out of or in the course of the actual performance of duty.</text> </level> </level> <level label="2"> <text>When the Board of Trustees receives proof of death of a member and finds that the death has occurred in the manner described in paragraph (1) of this subsection, the Board of Trustees shall pay:</text> <level label="i"> <text>if the member is survived by a spouse, a child under the age of 26 years, a disabled child, or a dependent parent:</text> <level label="1"> <text>the member’s accumulated contributions to the designated beneficiary, or otherwise to the member’s estate; and</text> </level> <level label="2"> <text>an allowance of two–thirds of the member’s average final compensation:</text> </level> <level label="A"> <text>to the surviving spouse;</text> </level> <level label="B"> <text>if there is no surviving spouse or if the surviving spouse dies, to any children of the deceased member who are under the age of 26 years or disabled, as defined under § 72(m)(7) of the Internal Revenue Code, in accordance with subsection (c) of this section; or</text> </level> <level label="C"> <text>if there is no surviving spouse, no child younger than 26 years of age, or no disabled child, to the member’s dependent parent to continue as the Board of Trustees may direct for the rest of the parent’s life; or</text> </level> </level> <level label="ii"> <text>if the member is not survived by a spouse, a child under the age of 26 years, a disabled child, or a dependent parent, the death benefit under § 29–202 of this subtitle.</text> </level> </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 under this section 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 26 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 26 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 26 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 subparagraph (i) of this paragraph shall be divided equally among the disabled children.</text> </level> </level> </level> <level label="d"> <text>Before the payment of any special death benefit is made under this section, if all individuals eligible for a special death benefit under this section elect to waive the payment of the special death benefit, a benefit shall be paid in accordance with § 29–202(a) of this subtitle.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-204" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="2" subtitle_name="Death Benefits"> <level label="a"> <level label="1"> <text>This subsection applies only to an individual who dies while employed as a member of the State Police Retirement System:</text> <level label="i"> <text>without willful negligence by the member; and</text> </level> <level label="ii"> <text>with more than 2 years of eligibility service.</text> </level> </level> <level label="2"> <text>When the Board of Trustees receives proof of death of a member and finds that the death has occurred in the manner described in paragraph (1) of this subsection, the Board of Trustees shall pay:</text> <level label="i"> <text>if the member is survived by a spouse, a child under the age of 26 years, a disabled child, or a dependent parent:</text> <level label="1"> <text>the member’s accumulated contributions to the designated beneficiary, or otherwise to the member’s estate; and</text> </level> <level label="2"> <text>an allowance of 50% of the member’s average final compensation:</text> </level> <level label="A"> <text>to the surviving spouse;</text> </level> <level label="B"> <text>if there is no surviving spouse or if the surviving spouse dies, to any children of the deceased member who are under the age of 26 years or disabled, as defined under § 72(m)(7) of the Internal Revenue Code, in accordance with subsection (c) of this section; or</text> </level> <level label="C"> <text>if there is no surviving spouse, no children younger than 26 years of age, or no disabled child, to the member’s dependent parent to continue as the Board of Trustees may direct for the rest of the parent’s life; or</text> </level> </level> <level label="ii"> <text>if the member is not survived by a spouse, a child under the age of 26 years, a disabled child, or a dependent parent, the death benefit under § 29–202 of this subtitle.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>This subsection applies only to an individual who dies while employed as a member of the State Police Retirement System:</text> <level label="i"> <text>without willful negligence by the member; and</text> </level> <level label="ii"> <text>with death arising out of or in the course of the actual performance of duty.</text> </level> </level> <level label="2"> <text>When the Board of Trustees receives proof of death of a member and finds that the death has occurred in the manner described in paragraph (1) of this subsection, the Board of Trustees shall pay:</text> <level label="i"> <text>if the member is survived by a spouse, a child under the age of 26 years, a disabled child, or a dependent parent:</text> <level label="1"> <text>the member’s accumulated contributions to the designated beneficiary, or otherwise to the member’s estate; and</text> </level> <level label="2"> <text>an allowance of two–thirds of the member’s average final compensation:</text> </level> <level label="A"> <text>to the surviving spouse;</text> </level> <level label="B"> <text>if there is no surviving spouse or if the surviving spouse dies, to any children of the deceased member who are under the age of 26 years or disabled, as defined under § 72(m)(7) of the Internal Revenue Code, in accordance with subsection (c) of this section; or</text> </level> <level label="C"> <text>if there is no surviving spouse, no children younger than 26 years of age, or no disabled child, to the member’s dependent parent to continue as the Board of Trustees may direct for the rest of the parent’s life; or</text> </level> </level> <level label="ii"> <text>if the member is not survived by a spouse, a child under the age of 26 years, a disabled child, or a dependent parent, the death benefit under § 29–202 of this subtitle.</text> </level> </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 under this section 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 26 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 26 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 26 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 subparagraph (i) of this paragraph shall be divided equally among the disabled children.</text> </level> </level> </level> <level label="d"> <text>Before the payment of any special death benefit is made under this section, if all individuals eligible for a special death benefit under this section elect to waive the payment of the special death benefit, a benefit shall be paid in accordance with § 29–202(a) of this subtitle.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-204.1" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="2" subtitle_name="Death Benefits"> <level label="a"> <text>This section applies only to an individual who dies while employed as a member of the Correctional Officers’ Retirement System:</text> <level label="1"> <text>without willful negligence by the member; and</text> </level> <level label="2"> <text>with death arising out of or in the course of the actual performance of duty.</text> </level> </level> <level label="b"> <text>When the Board of Trustees receives proof of death of a member and finds that the death has occurred in the manner described in subsection (a) of this section, the Board of Trustees shall pay:</text> <level label="1"> <text>if the member is survived by a spouse, a child under the age of 26 years, a disabled child, or a dependent parent:</text> <level label="i"> <text>the member’s accumulated contributions to the designated beneficiary, or otherwise to the member’s estate; and</text> </level> <level label="ii"> <text>an allowance of two–thirds of the member’s average final compensation:</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 member who are under the age of 26 years or disabled, as defined under § 72(m)(7) of the Internal Revenue Code, in accordance with subsection (c) of this section; or</text> </level> <level label="3"> <text>if there is no surviving spouse, no child younger than 26 years of age, or no disabled child, to the member’s dependent parent to continue as the Board of Trustees may direct for the rest of the parent’s life; or</text> </level> </level> </level> <level label="2"> <text>if the member is not survived by a spouse, a child under the age of 26 years, a disabled child, or a dependent parent, the death benefit under § 29–202 of this subtitle.</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 under this section 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 26 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 26 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 26 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 subparagraph (i) of this paragraph shall be divided equally among the disabled children.</text> </level> </level> </level> <level label="d"> <text>Before the payment of any special death benefit is made under this section, if all individuals eligible for a special death benefit under this section elect to waive the payment of the special death benefit, a benefit shall be paid in accordance with § 29–202(a) of this subtitle.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-204.2" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="2" subtitle_name="Death Benefits"> <level label="a"> <text>This section applies only to an individual who is killed while a member of the Employees’ Retirement System, Employees’ Pension System, Teachers’ Retirement System, or Teachers’ Pension System:</text> <level label="1"> <text>without willful negligence by the member; and</text> </level> <level label="2"> <text>with death arising out of or in the course of the actual performance of duty.</text> </level> </level> <level label="b"> <text>When the Board of Trustees receives proof of death of a member and finds that the death has occurred in the manner described in subsection (a) of this section, the Board of Trustees shall pay:</text> <level label="1"> <text>if the member is survived by a spouse, a child under the age of 26 years, a disabled child, or a dependent parent:</text> <level label="i"> <text>the member’s accumulated contributions to the designated beneficiary, or otherwise to the member’s estate; and</text> </level> <level label="ii"> <text>an allowance of two–thirds of the member’s average final compensation:</text> <level label="1"> <text>to the surviving spouse;</text> </level> <level label="2"> <text>if there is no surviving spouse or if the surviving spouse dies, to any children of the deceased member who are under the age of 26 years or disabled, as defined under § 72(m)(7) of the Internal Revenue Code, in accordance with subsection (c) of this section; or</text> </level> <level label="3"> <text>if there is no surviving spouse, no child younger than 26 years of age, or no disabled child, to the member’s dependent parent to continue as the Board of Trustees may direct for the rest of the parent’s life; or</text> </level> </level> </level> <level label="2"> <text>if the member is not survived by a spouse, a child under the age of 26 years, a disabled child, or a dependent parent, the death benefit under § 29–202 of this subtitle.</text> </level> </level> <level label="c"> <level label="1"> <text>Except as provided under paragraphs (2) and (3) of this subsection, if the Board of Trustees pays an allowance under this section 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 26 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 26 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 26 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 subparagraph (i) of this paragraph shall be divided equally among the disabled children.</text> </level> </level> </level> <level label="d"> <text>Before the payment of any special death benefit is made under this section, if all individuals eligible for a special death benefit under this section elect to waive the payment of the special death benefit, a benefit shall be paid in accordance with § 29–202(a) of this subtitle.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-204.3" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="2" subtitle_name="Death Benefits"> <level label="a"> <text>This section applies only to an individual who is killed while a member of the Judges’ Retirement System:</text> <level label="1"> <text>without willful negligence by the member; and</text> </level> <level label="2"> <text>with death arising out of or in the course of the actual performance of duty.</text> </level> </level> <level label="b"> <text>When the Board of Trustees receives proof of death of a member and finds that the death has occurred in the manner described in subsection (a) of this section, the Board of Trustees shall pay:</text> <level label="1"> <text>if the member is survived by a spouse, a child under the age of 26 years, a disabled child, or a dependent parent:</text> <level label="i"> <text>the member’s accumulated contributions to the designated beneficiary, or otherwise to the member’s estate; and</text> </level> <level label="ii"> <text>an allowance of two–thirds of the salary payable in that fiscal year to a member holding the same level judicial position as that held by the member as of the date of death of the member:</text> <level label="1"> <text>to the surviving spouse;</text> </level> <level label="2"> <text>if there is no surviving spouse or if the surviving spouse dies, to any children of the deceased member who are under the age of 26 years or disabled, as defined under § 72(m)(7) of the Internal Revenue Code, in accordance with subsection (c) of this section; or</text> </level> <level label="3"> <text>if there is no surviving spouse, no child under the age of 26 years, or no disabled child, to the member’s dependent parent to continue as the Board of Trustees may direct for the rest of the parent’s life; or</text> </level> </level> </level> <level label="2"> <text>if the member is not survived by a spouse, a child under the age of 26 years, a disabled child, or a dependent parent, a death benefit in accordance with § 27–403(a)(2) of this article.</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 under this section 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 26 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 26 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 26 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 subparagraph (i) of this paragraph shall be divided equally among the disabled children.</text> </level> </level> </level> <level label="d"> <text>Before the payment of any special death benefit is made under this section, if all individuals eligible for a special death benefit under this section elect to waive the payment of the special death benefit, a benefit shall be paid in accordance with § 27–403 of this article.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-205" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="2" subtitle_name="Death Benefits"> <level label="a"> <text>This section applies to an individual who died while employed as a member:</text> <level label="1"> <level label="i"> <text>of the Correctional Officers’ Retirement System;</text> </level> <level label="ii"> <text>of the Employees’ Retirement System;</text> </level> <level label="iii"> <text>of the Local Fire and Police System, if the member had transferred from the Employees’ Retirement System; or</text> </level> <level label="iv"> <text>of the Teachers’ Retirement System; and</text> </level> </level> <level label="2"> <level label="i"> <text>who was eligible to retire; or</text> </level> <level label="ii"> <text>who was at least 55 years old with at least 15 years of eligibility service.</text> </level> </level> </level> <level label="b"> <text>Except as provided in subsections (d) and (e) of this section, a member’s surviving spouse may elect to receive one of the following:</text> <level label="1"> <text>the death benefit, under § 29–202 of this subtitle; or</text> </level> <level label="2"> <text>an allowance equal to the amount payable under Option 2 as described in § 21–403 of this article.</text> </level> </level> <level label="c"> <level label="1"> <text>Except as provided in subsections (d) and (e) of this section, when the Board of Trustees receives proof of a death of a member described under subsection (a) of this section and there is no surviving spouse, a child under the age of 26 years or a disabled child of the member may elect to receive an allowance in accordance with this subsection.</text> </level> <level label="2"> <text>If an election is made under paragraph (1) of this subsection, the Board of Trustees shall pay, in accordance with paragraph (3) of this subsection, an allowance equal to 50% of the basic allowance the member was eligible to receive under Division II of this article to any children of the deceased member who are under the age of 26 years or disabled, as defined under § 72(m)(7) of the Internal Revenue Code.</text> </level> <level label="3"> <level label="i"> <text>Except as provided in subparagraphs (ii) and (iii) of this paragraph, if the Board of Trustees pays an allowance under this subsection 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="1"> <text>each child has died; or</text> </level> <level label="2"> <text>each child becomes 26 years old.</text> </level> </level> <level label="ii"> <text>Notwithstanding subparagraph (i)2 of this paragraph, 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.</text> </level> <level label="iii"> <level label="1"> <text>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:</text> </level> <level label="A"> <text>all other nondisabled surviving children have died; or</text> </level> <level label="B"> <text>the youngest nondisabled surviving child becomes 26 years old.</text> </level> <level label="2"> <text>If more than one surviving child is disabled, as defined under § 72(m)(7) of the Internal Revenue Code, the retirement allowance payable under subsubparagraph 1 of this subparagraph shall be divided equally among the disabled children.</text> </level> </level> </level> <level label="4"> <text>Before the payment of an allowance under this subsection, if all individuals who are eligible to receive a death benefit under this subsection elect to waive the payment of an allowance, a benefit shall be paid in accordance with § 29–202(a) of this subtitle.</text> </level> </level> <level label="d"> <text>A death benefit under this section may not be paid for the death of a member of the Correctional Officers’ Retirement System if a special death benefit under § 29–204.1 of this subtitle is payable or has been paid for that death.</text> </level> <level label="e"> <text>A death benefit under this section may not be paid for the death of a member of the Employees’ Retirement System or Teachers’ Retirement System if a special death benefit under § 29–204.2 of this subtitle is payable or has been paid for that death.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-206" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="2" subtitle_name="Death Benefits"> <level label="a"> <text>This section applies to an individual who died while employed as a member:</text> <level label="1"> <level label="i"> <text>of the Employees’ Pension System;</text> </level> <level label="ii"> <text>of the Teachers’ Pension System; or</text> </level> <level label="iii"> <text>of the Local Fire and Police System, if the member had not transferred from the Employees’ Retirement System; and</text> </level> </level> <level label="2"> <level label="i"> <text>who was eligible to retire;</text> </level> <level label="ii"> <text>who had at least 25 years of eligibility service; or</text> </level> <level label="iii"> <text>who:</text> <level label="1"> <text>was not subject to the Reformed Contributory Pension Benefit and was at least 55 years old with at least 15 years of eligibility service; or</text> </level> <level label="2"> <text>was subject to the Reformed Contributory Pension Benefit and was at least 60 years old with at least 15 years of eligibility service.</text> </level> </level> </level> </level> <level label="b"> <text>Except as provided in subsection (d) of this section, a member’s surviving spouse may elect to receive one of the following:</text> <level label="1"> <text>the death benefit under § 29–202 of this subtitle; or</text> </level> <level label="2"> <text>an allowance equal to the amount payable under Option 2 as described in § 21–403 of this article.</text> </level> </level> <level label="c"> <level label="1"> <text>Except as provided in subsection (d) of this section, when the Board of Trustees receives proof of a death of a member described under subsection (a) of this section and there is no surviving spouse, a child under the age of 26 years or a disabled child of the member may elect to receive an allowance in accordance with this subsection.</text> </level> <level label="2"> <text>If an election is made under paragraph (1) of this subsection, the Board of Trustees shall pay, in accordance with paragraph (3) of this subsection, an allowance equal to 50% of the basic allowance the member was eligible to receive under Division II of this article to any children of the deceased member who are under the age of 26 years or disabled, as defined under § 72(m)(7) of the Internal Revenue Code.</text> </level> <level label="3"> <level label="i"> <text>Except as provided in subparagraphs (ii) and (iii) of this paragraph, if the Board of Trustees pays an allowance under this subsection 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="1"> <text>each child has died; or</text> </level> <level label="2"> <text>each child becomes 26 years old.</text> </level> </level> <level label="ii"> <text>Notwithstanding subparagraph (i)2 of this paragraph, 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.</text> </level> <level label="iii"> <level label="1"> <text>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:</text> </level> <level label="A"> <text>all other nondisabled surviving children have died; or</text> </level> <level label="B"> <text>the youngest nondisabled surviving child becomes 26 years old.</text> </level> <level label="2"> <text>If more than one surviving child is disabled, as defined under § 72(m)(7) of the Internal Revenue Code, the retirement allowance payable under subsubparagraph 1 of this subparagraph shall be divided equally among the disabled children.</text> </level> </level> </level> <level label="4"> <text>Before the payment of an allowance under this subsection, if all individuals who are eligible to receive a death benefit under this subsection elect to waive the payment of an allowance, a benefit shall be paid in accordance with § 29–202(a) of this subtitle.</text> </level> </level> <level label="d"> <text>A death benefit under this section may not be paid for the death of a member of the Employees’ Pension System or Teachers’ Pension System if a special death benefit under § 29–204.2 of this subtitle is payable or has been paid for that death.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-207" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="2" subtitle_name="Death Benefits"> <level label="a"> <text>If a former member who is eligible for a vested allowance dies before payment of the vested allowance starts, the Board of Trustees, after receiving proof of death, shall pay the former member’s accumulated contributions to:</text> <level label="1"> <text>the designated beneficiary; or</text> </level> <level label="2"> <text>if there is no designated beneficiary, the former member’s estate.</text> </level> </level> <level label="b"> <text>If a former member who is not eligible for a vested allowance dies before withdrawing the former member’s accumulated contributions, the Board of Trustees, after receiving proof of death, shall pay the former member’s accumulated contributions to:</text> <level label="1"> <text>the designated beneficiary; or</text> </level> <level label="2"> <text>if there is no designated beneficiary, the former member’s estate.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-301" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="3" subtitle_name="Deferred Vested Benefits"> <level label="a"> <text>This section applies only to a member of the Judges’ Retirement System who becomes a member on or after July 1, 2012.</text> </level> <level label="b"> <level label="1"> <text>A member may elect to receive a vested allowance if:</text> <level label="i"> <text>the member is separated from employment other than by death or retirement; and</text> </level> <level label="ii"> <text>the member has at least 5 years of eligibility service.</text> </level> </level> <level label="2"> <text>A member is deemed to have elected a vested allowance, unless the member requests the return of the accumulated contributions before membership ends.</text> </level> </level> <level label="c"> <text>A vested allowance is a deferred allowance starting at age 60.</text> </level> <level label="d"> <text>A vested allowance:</text> <level label="1"> <text>is computed as a retirement allowance under § 27–402 of this article on the basis of the former member’s creditable service at the time of separation from employment; and</text> </level> <level label="2"> <text>may be paid in one of the optional forms of allowances under § 21–403 of this article, if at retirement, the member does not have a spouse or child who is under the age of 26 or is disabled.</text> </level> </level> <level label="e"> <level label="1"> <text>If a former member who elected a vested allowance requests the return of accumulated contributions before payment of the vested allowance begins, the Board of Trustees shall return the accumulated contributions to the former member.</text> </level> <level label="2"> <text>When accumulated contributions are returned to a former member, the former member is not entitled to further benefits on account of the former member’s previous membership.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-302" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="3" subtitle_name="Deferred Vested Benefits"> <level label="a"> <text>This section applies only to members of:</text> <level label="1"> <text>the Correctional Officers’ Retirement System;</text> </level> <level label="2"> <text>the Employees’ Retirement System;</text> </level> <level label="3"> <text>the State Police Retirement System; and</text> </level> <level label="4"> <text>the Teachers’ Retirement System.</text> </level> </level> <level label="b"> <level label="1"> <text>This subsection applies to an individual who is a member on or before June 30, 2011.</text> </level> <level label="2"> <text>A member may elect to receive a vested allowance if:</text> <level label="i"> <text>the member is separated from employment other than by death or retirement; and</text> </level> <level label="ii"> <text>subject to paragraph (3) of this subsection, the member has at least 5 years of eligibility service.</text> </level> </level> <level label="3"> <text>A former member of the State Police Retirement System who separated from employment on or before June 30, 1989, must have at least 15 years of eligibility service to elect a vested allowance.</text> </level> <level label="4"> <text>A member is deemed to have elected a vested allowance, unless the member requests the return of the accumulated contributions before membership ends.</text> </level> </level> <level label="b–1"> <level label="1"> <text>This subsection applies to an individual who becomes a member on or after July 1, 2011.</text> </level> <level label="2"> <text>A member is eligible to receive a vested allowance if:</text> <level label="i"> <text>the member separated from employment other than by death or retirement; and</text> </level> <level label="ii"> <text>the member has at least 10 years of eligibility service.</text> </level> </level> </level> <level label="c"> <text>A vested allowance is a deferred allowance starting at:</text> <level label="1"> <text>normal retirement age for members of:</text> <level label="i"> <text>the Employees’ Retirement System;</text> </level> <level label="ii"> <text>the State Police Retirement System; and</text> </level> <level label="iii"> <text>the Teachers’ Retirement System;</text> </level> </level> <level label="2"> <text>except as provided in item (3) of this subsection, age 55 for a member of the Correctional Officers’ Retirement System; or</text> </level> <level label="3"> <text>age 60 for a member of the Correctional Officers’ Retirement System who:</text> <level label="i"> <text>served as a maximum security attendant at the Clifton T. Perkins Hospital Center;</text> </level> <level label="ii"> <text>separated from employment as a maximum security attendant at the Clifton T. Perkins Hospital Center before July 1, 2016; and</text> </level> <level label="iii"> <text>does not resume employment in a position eligible for membership in the Correctional Officers’ Retirement System.</text> </level> </level> </level> <level label="d"> <text>A vested allowance:</text> <level label="1"> <text>is computed as a normal service retirement allowance on the basis of the former member’s creditable service and average final compensation at the time of separation from employment; and</text> </level> <level label="2"> <text>may be paid in one of the optional forms of allowances under § 21–403 of this article.</text> </level> </level> <level label="e"> <text>If a member separated from employment on or before June 30, 1990, unused sick leave reported by the member’s employer at the time of separation from employment is creditable service for computing the vested allowance.</text> </level> <level label="f"> <level label="1"> <text>If a former member who elected a vested allowance requests the return of accumulated contributions before payment of the vested allowance begins, the Board of Trustees shall return the accumulated contributions to the former member.</text> </level> <level label="2"> <text>When accumulated contributions are returned to a former member, the former member is not entitled to further benefits on account of the former member’s previous membership.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-302.1" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="3" subtitle_name="Deferred Vested Benefits"> <level label="a"> <text>This section applies only to an individual who:</text> <level label="1"> <text>is a former member of:</text> <level label="i"> <text>the Employees’ Retirement System; or</text> </level> <level label="ii"> <text>the Teachers’ Retirement System;</text> </level> </level> <level label="2"> <text>is eligible to receive a vested allowance under § 29-302 of this subtitle; and</text> </level> <level label="3"> <text>has not elected to receive a benefit under § 29-302 of this subtitle.</text> </level> </level> <level label="b"> <text>Notwithstanding § 29-302 of this subtitle, an individual under subsection (a) of this section may elect a lump-sum payment equal to the present value of the individual’s vested allowance if:</text> <level label="1"> <text>the vested allowance is less than $50 a month;</text> </level> <level label="2"> <level label="i"> <text>the individual is not a member of the Optional Retirement Program and has terminated any employment with a participating employer for the State; or</text> </level> <level label="ii"> <text>the individual is a member of the Optional Retirement Program and has terminated employment with an employing institution as defined in § 30-101(e) of this article; and</text> </level> </level> <level label="3"> <text>the individual requests a lump-sum payment of the vested allowance on a form provided by the State Retirement Agency.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-303" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="3" subtitle_name="Deferred Vested Benefits"> <level label="a"> <text>This section applies only to members of:</text> <level label="1"> <text>the Employees’ Pension System;</text> </level> <level label="2"> <text>the Local Fire and Police System;</text> </level> <level label="3"> <text>the Law Enforcement Officers’ Pension System; or</text> </level> <level label="4"> <text>the Teachers’ Pension System.</text> </level> </level> <level label="b"> <level label="1"> <text>This subsection applies to an individual who is a member on or before June 30, 2011.</text> </level> <level label="2"> <text>A member is eligible to receive a vested allowance if:</text> <level label="i"> <text>the member separated from employment other than by death or retirement; and</text> </level> <level label="ii"> <text>the member has at least 5 years of eligibility service.</text> </level> </level> </level> <level label="b–1"> <level label="1"> <text>This subsection applies to an individual who becomes a member on or after July 1, 2011.</text> </level> <level label="2"> <text>A member is eligible to receive a vested allowance if:</text> <level label="i"> <text>the member separated from employment other than by death or retirement; and</text> </level> <level label="ii"> <text>the member has at least 10 years of eligibility service.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>Except as provided in subsections (e) through (i) of this section, a vested allowance:</text> <level label="i"> <text>is a deferred allowance that begins at normal retirement age;</text> </level> <level label="ii"> <text>except as provided in paragraph (2) of this subsection, is computed as a normal service retirement allowance on the basis of the member’s average final compensation and eligibility service at separation from employment; and</text> </level> <level label="iii"> <text>may be paid in one of the optional forms of allowances under § 21–403 of this article.</text> </level> </level> <level label="2"> <text>On retirement under this subsection, if a former member’s annuity is greater than the former member’s normal service retirement allowance calculated under paragraph (1) of this subsection, the former member’s normal service retirement allowance shall equal the former member’s annuity.</text> </level> </level> <level label="d"> <text>If a member of the Employees’ Pension System or the Teachers’ Pension System separated from employment on or before June 30, 1990, unused sick leave reported by the member’s employer at the time of separation from employment is creditable service for computing the vested allowance.</text> </level> <level label="e"> <text>Except as provided in subsection (f) of this section, a former member of the Employees’ Pension System or the Teachers’ Pension System who has separated from employment before the age of 55 with at least 15 years of eligibility service is eligible to receive a vested allowance that:</text> <level label="1"> <text>begins on the first day of the month following the member’s 55th birthday; and</text> </level> <level label="2"> <text>equals the reduced allowance computed under § 23–402 of this article.</text> </level> </level> <level label="f"> <level label="1"> <text>The vested allowance of a former member of the Employees’ Pension System or the Teachers’ Pension System who separates from employment on or before June 30, 1998:</text> <level label="i"> <text>is a deferred allowance that begins at normal retirement age; and</text> </level> <level label="ii"> <text>except as provided in paragraph (2)(ii) of this subsection, is computed on the basis of the member’s average final compensation and eligibility service at separation from employment.</text> </level> </level> <level label="2"> <level label="i"> <text>Except as provided in subparagraph (ii) of this paragraph, the vested allowance described under paragraph (1) of this subsection shall equal the number of years of the member’s creditable service multiplied by:</text> <level label="1"> <level label="0"> <text>8% of the member’s average final compensation that is not in excess of the Social Security integration level; and</text> </level> </level> <level label="2"> <level label="1"> <text>5% of the member’s average final compensation that exceeds the Social Security integration level.</text> </level> </level> </level> <level label="ii"> <text>If the former member’s annuity is greater than the former member’s vested allowance calculated under subparagraph (i) of this paragraph, the former member’s vested allowance shall equal the former member’s annuity.</text> </level> <level label="iii"> <text>The former member’s vested allowance may be paid in one of the optional forms of allowances under § 21–403 of this article.</text> </level> </level> <level label="3"> <text>A former member of the Employees’ Pension System or the Teachers’ Pension System who has separated from employment on or before June 30, 1998 and before the age of 55 with at least 15 years of eligibility service is eligible to receive a vested allowance that:</text> <level label="i"> <text>begins on the first day of the month following the member’s 55th birthday; and</text> </level> <level label="ii"> <text>equals the allowance under paragraph (2) of this subsection, reduced by 0.5% for each month that the member’s early retirement date precedes the date the member will be 62 years old.</text> </level> </level> </level> <level label="g"> <level label="1"> <text>Except as provided in subsection (h) of this section and subject to subsection (i) of this section, the vested allowance of a former member of the Law Enforcement Officers’ Pension System who separates from employment on or before June 30, 2000:</text> <level label="i"> <text>is a deferred allowance that begins at normal retirement age; and</text> </level> <level label="ii"> <text>except as provided in paragraph (2)(ii) of this subsection, is computed on the basis of the member’s average final compensation and eligibility service at separation from employment.</text> </level> </level> <level label="2"> <level label="i"> <text>Except as provided in subparagraph (ii) of this paragraph, the vested allowance described under paragraph (1) of this subsection shall equal the number of years of the member’s creditable service multiplied by:</text> <level label="1"> <text>1% of the member’s average final compensation that is not in excess of the Social Security integration level; and</text> </level> <level label="2"> <level label="1"> <text>7% of the member’s average final compensation that exceeds the Social Security integration level.</text> </level> </level> </level> <level label="ii"> <text>If the former member’s annuity is greater than the former member’s vested allowance calculated under subparagraph (i) of this paragraph, the former member’s vested allowance shall equal the former member’s annuity.</text> </level> </level> </level> <level label="h"> <level label="1"> <text>This subsection applies only to a former member of the Law Enforcement Officers’ Pension System who:</text> <level label="i"> <text>transferred to the Law Enforcement Officers’ Pension System from the Employees’ Retirement System; and</text> </level> <level label="ii"> <text>separates from employment on or before June 30, 2000.</text> </level> </level> <level label="2"> <text>The vested allowance of a former member:</text> <level label="i"> <text>is a deferred allowance that begins at normal retirement age; and</text> </level> <level label="ii"> <text>except as provided in paragraph (4) of this subsection, is computed on the basis of the member’s average final compensation and eligibility service at separation from employment.</text> </level> </level> <level label="3"> <text>Except as provided in paragraph (4) of this subsection, the vested allowance described under paragraph (2) of this subsection shall equal:</text> <level label="i"> <text>2% of the member’s average final compensation multiplied by each year of the member’s first 30 years of creditable service; and</text> </level> <level label="ii"> <text>1% of the member’s average final compensation multiplied by each year of creditable service in excess of 30 years.</text> </level> </level> <level label="4"> <text>If the former member’s annuity is greater than the former member’s vested allowance calculated under paragraph (3) of this subsection, the former member’s vested allowance shall equal the former member’s annuity.</text> </level> </level> <level label="i"> <level label="1"> <text>This paragraph applies only to a former member who is:</text> <level label="i"> <text>receiving a deferred allowance under subsection (g) of this section; and</text> </level> <level label="ii"> <text>under the age of 62 years.</text> </level> </level> <level label="2"> <text>On receipt of a vested allowance, a former member shall receive a supplemental deferred allowance that equals the difference between:</text> <level label="i"> <text>the former member’s vested allowance; and</text> </level> <level label="ii"> <level label="1"> <text>7% of the member’s average final compensation for each year of creditable service.</text> </level> </level> </level> <level label="3"> <text>Payment of the supplemental deferred allowance ends when the former member:</text> <level label="i"> <text>attains the age of 62 years; or</text> </level> <level label="ii"> <text>dies.</text> </level> </level> </level> <level label="j"> <level label="1"> <text>If a former member who elected a vested allowance requests the return of accumulated contributions before payment of the vested allowance begins, the Board of Trustees shall return the accumulated contributions to the former member.</text> </level> <level label="2"> <text>When accumulated contributions are returned to a former member, the former member is not entitled to further benefits on account of the former member’s previous membership.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-303.1" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="3" subtitle_name="Deferred Vested Benefits"> <level label="a"> <text>This section applies only to an individual who:</text> <level label="1"> <text>is a former member of:</text> <level label="i"> <text>the Employees’ Pension System; or</text> </level> <level label="ii"> <text>the Teachers’ Pension System;</text> </level> </level> <level label="2"> <text>is eligible to receive a vested allowance under § 29-303 of this subtitle; and</text> </level> <level label="3"> <text>has not elected to receive a benefit under § 29-303 of this subtitle.</text> </level> </level> <level label="b"> <text>Notwithstanding § 29-303 of this subtitle, an individual under subsection (a) of this section may elect a lump-sum payment equal to the present value of the vested allowance if:</text> <level label="1"> <text>the vested allowance is less than $50 a month;</text> </level> <level label="2"> <level label="i"> <text>the individual is not a member of the Optional Retirement Program and has terminated any employment with a participating employer for the State; or</text> </level> <level label="ii"> <text>the individual is a member of the Optional Retirement Program and has terminated employment with an employing institution as defined in § 30-101(e) of this article; and</text> </level> </level> <level label="3"> <text>the individual requests a lump-sum payment of the vested allowance on a form provided by the State Retirement Agency.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-304" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="3" subtitle_name="Deferred Vested Benefits"> <text>An individual shall have immediate vesting rights on taking office in the State system in which the individual is a member if the individual is the:</text> <level label="1"> <text>secretary of a principal department of the Executive Branch of State government as provided under § 8–201 of the State Government Article;</text> </level> <level label="2"> <text>Executive Director of the Alcohol, Tobacco, and Cannabis Commission;</text> </level> <level label="3"> <text>Adjutant General of the Military Department;</text> </level> <level label="4"> <text>Chair of the State Board of Contract Appeals;</text> </level> <level label="5"> <text>Chair of the Public Service Commission;</text> </level> <level label="6"> <text>Chair of the Workers’ Compensation Commission;</text> </level> <level label="7"> <text>Chief Administrative Law Judge of the Office of Administrative Hearings;</text> </level> <level label="8"> <text>Director of the Health Care Alternative Dispute Resolution Office;</text> </level> <level label="9"> <text>Director of the Maryland Energy Administration;</text> </level> <level label="10"> <text>Director of the Office of the Deaf, Deaf blind, and Hard of Hearing;</text> </level> <level label="11"> <text>Director of the Office of Homeland Security;</text> </level> <level label="12"> <text>Director of the Office of Performance Improvement;</text> </level> <level label="13"> <text>Director of the State Department of Assessments and Taxation;</text> </level> <level label="14"> <text>Director of the State Lottery and Gaming Control Agency;</text> </level> <level label="15"> <text>Executive Director of the Governor’s Office of Community and Crime;</text> </level> <level label="16"> <text>Executive Director of the Governor’s Office of Crime Prevention and Policy;</text> </level> <level label="17"> <text>Executive Director of the State Retirement Agency;</text> </level> <level label="18"> <text>Insurance Commissioner of the Maryland Insurance Administration;</text> </level> <level label="19"> <text>Special Secretary of the Governor’s Office for Children;</text> </level> <level label="20"> <text>State Archivist;</text> </level> <level label="21"> <text>State Prosecutor of the State Prosecutor’s Office; or</text> </level> <level label="22"> <text>State Superintendent of Schools.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-305" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="3" subtitle_name="Deferred Vested Benefits"> <level label="a"> <text>In this section, “constitutional officer” means:</text> <level label="1"> <text>the Attorney General of the State;</text> </level> <level label="2"> <text>the Comptroller of the State;</text> </level> <level label="3"> <text>the Lieutenant Governor of the State;</text> </level> <level label="4"> <text>the Secretary of State; or</text> </level> <level label="5"> <text>the Treasurer of the State.</text> </level> </level> <level label="b"> <level label="1"> <text>A constitutional officer who is a member of the Employees’ Pension System:</text> <level label="i"> <text>on taking office, has immediate vesting rights in the Employees’ Pension System; and</text> </level> <level label="ii"> <text>except as provided in paragraph (2) of this subsection, is entitled to a retirement allowance as provided in Title 23, Subtitle 4 of this article.</text> </level> </level> <level label="2"> <text>The retirement allowance of a constitutional officer who serves at least one full term may not be less than 10% of the annual salary received during the constitutional officer's last term.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-401" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="4" subtitle_name="Cost–of–living Adjustments"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <level label="1"> <text>“Accumulated cost–of–living adjustment amount” means the sum of all prior cost–of–living adjustments made to an allowance.</text> </level> <level label="2"> <text>“Accumulated cost–of–living adjustment amount” does not include the cost–of–living adjustment made as of July 1 of the current fiscal year.</text> </level> </level> <level label="c"> <level label="1"> <text>“Allowance” has the meaning stated in § 20–101 of this article.</text> </level> <level label="2"> <text>“Allowance” includes an annual retirement allowance adjustment payable as of July 1, 1999, to a retiree of the State Police Retirement System who retired on or before June 30, 1999, under § 24–401(e) of this article.</text> </level> </level> <level label="d"> <text>“Consumer Price Index” means the annual average Consumer Price Index (all urban consumers, United States city average, all items, not seasonally adjusted, 1982–1984 = 100) for the calendar year ending December 31 as published by the United States Department of Labor, Bureau of Labor Statistics.</text> </level> <level label="e"> <text>“Cost–of–living adjustment” means the amount by which an allowance is adjusted as of July 1 of a fiscal year.</text> </level> <level label="f"> <text>“Cost–of–living rate” means the rate computed in accordance with § 29–402(c) of this subtitle that is used to determine a cost–of–living adjustment.</text> </level> <level label="g"> <text>“Cost–of–living rate cap” means the maximum cost–of–living rate that may be used to determine a cost–of–living adjustment in a fiscal year.</text> </level> <level label="h"> <text>“Effective date” means:</text> <level label="1"> <text>for an allowance of a former member, a retiree, or the surviving beneficiary of a deceased member, the first day of the month in which an allowance is first paid to the former member, retiree, or surviving beneficiary; or</text> </level> <level label="2"> <text>for an allowance of a surviving beneficiary of a former member or a retiree, the first day of the month in which an allowance was first paid to the former member or retiree.</text> </level> </level> <level label="i"> <text>“Initial allowance” means a basic allowance or an optional allowance paid in accordance with § 21–403 of this article, not including a cost–of–living adjustment, accumulated cost–of–living adjustment, or any additional annuity.</text> </level> <level label="j"> <text>“Selection A (Additional member contributions)” means the retirement selection described in § 22–219 of this article.</text> </level> <level label="k"> <text>“Selection B (Limited cost–of–living adjustment)” means the retirement selection described in § 22–220 of this article.</text> </level> <level label="l"> <text>“Selection C (Combination formula)” means the retirement selection described in § 22–221 of this article.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-402" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="4" subtitle_name="Cost–of–living Adjustments"> <level label="a"> <level label="1"> <text>This subtitle applies only to an allowance paid to a former member, a retiree, or the surviving beneficiary of a deceased member, former member, or retiree of:</text> <level label="i"> <text>the Correctional Officers’ Retirement System;</text> </level> <level label="ii"> <text>the Employees’ Pension System;</text> </level> <level label="iii"> <text>the Employees’ Retirement System;</text> </level> <level label="iv"> <text>the Law Enforcement Officers’ Pension System;</text> </level> <level label="v"> <text>the Local Fire and Police System;</text> </level> <level label="vi"> <text>the State Police Retirement System;</text> </level> <level label="vii"> <text>the Teachers’ Pension System; and</text> </level> <level label="viii"> <text>the Teachers’ Retirement System.</text> </level> </level> <level label="2"> <text>This subtitle does not apply to an allowance that is payable under the Judges’ Retirement System, under the Legislative Pension Plan, or for a Governor under § 22–405 of this article.</text> </level> </level> <level label="b"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, each fiscal year, the Board of Trustees shall adjust an allowance as provided in this subtitle.</text> </level> <level label="2"> <text>An initial cost–of–living adjustment may not be made until the second July 1 after the day preceding the effective date of an allowance.</text> </level> <level label="3"> <text>A cost–of–living adjustment does not apply to:</text> <level label="i"> <text>benefits paid in a single payment;</text> </level> <level label="ii"> <text>the return of accumulated contributions; or</text> </level> <level label="iii"> <text>benefits attributable to additional contributions.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, and subject to subsection (f) of this section, to determine the cost–of–living rate used to adjust an allowance in a fiscal year, the Board of Trustees shall:</text> <level label="i"> <text>subtract the Consumer Price Index for the calendar year ending December 31 in the second preceding fiscal year from the Consumer Price Index for the calendar year ending December 31 in the preceding fiscal year; and</text> </level> <level label="ii"> <text>divide the amount determined under item (i) of this paragraph by the Consumer Price Index for the calendar year ending December 31 in the second preceding fiscal year.</text> </level> </level> <level label="2"> <text>The cost–of–living rate used to adjust an allowance in a fiscal year may not exceed any cost–of–living rate cap that is applicable to the allowance under § 29–404(c), § 29–405(c), § 29–406(c), or § 29–408(c) of this subtitle.</text> </level> </level> <level label="d"> <level label="1"> <text>A cost–of–living adjustment payable in a fiscal year shall be determined as provided in this subsection.</text> </level> <level label="2"> <text>For a compound cost–of–living adjustment, the cost–of–living adjustment as of July 1 of a fiscal year shall be determined by multiplying the cost–of–living rate determined in subsection (c) of this section by the sum of:</text> <level label="i"> <text>the initial allowance; and</text> </level> <level label="ii"> <text>the accumulated cost–of–living adjustment amount.</text> </level> </level> <level label="3"> <text>For a simple cost–of–living adjustment, the cost–of–living adjustment as of July 1 of a fiscal year shall be determined by multiplying the cost–of–living rate determined in subsection (c) of this section by the initial allowance.</text> </level> </level> <level label="e"> <text>The total allowance payable in any fiscal year shall be the sum of:</text> <level label="1"> <text>the initial allowance;</text> </level> <level label="2"> <text>the cost–of–living adjustment;</text> </level> <level label="3"> <text>the accumulated cost–of–living adjustment amount; and</text> </level> <level label="4"> <text>any additional annuity.</text> </level> </level> <level label="f"> <level label="1"> <text>In this subsection, “zero rate fiscal year” means any fiscal year when the cost–of–living rate calculated under subsection (c) of this section is less than 0%.</text> </level> <level label="2"> <text>For any fiscal year in which the cost–of–living rate determined under subsection (c) of this section is less than 0%, the cost–of–living rate for that fiscal year shall be 0%.</text> </level> <level label="3"> <level label="i"> <text>This paragraph applies only to a fiscal year that is not a zero rate fiscal year.</text> </level> <level label="ii"> <text>Subject to subparagraph (iii) of this paragraph:</text> <level label="1"> <text>for a fiscal year that follows immediately after a zero rate fiscal year, the cost–of–living rate determined under subsection (c) of this section shall be reduced by the difference between 0% and the cost–of–living rate that would have been determined under subsection (c) of this section for the preceding fiscal year without regard to paragraph (2) of this subsection; and</text> </level> <level label="2"> <text>for a fiscal year that follows immediately after 2 or more consecutive zero rate fiscal years, the cost–of–living rate determined under subsection (c) of this section shall be reduced by the difference between 0% and the total cost–of–living rate that would have been determined under subsection (c) of this section for each of those fiscal years without regard to paragraph (2) of this subsection.</text> </level> </level> <level label="iii"> <text>If the rate reduction required for any fiscal year under subparagraph (ii) of this paragraph would reduce the cost–of–living rate for the fiscal year to be less than 0%, the difference between 0% and the excess rate reduction shall be deducted from the cost–of–living rate in future years, subject to paragraph (2) of this subsection, until the total required rate reduction has been fully applied.</text> </level> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-403" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="4" subtitle_name="Cost–of–living Adjustments"> <level label="a"> <text>This section applies only to:</text> <level label="1"> <text>an allowance of a former member, retiree, or surviving beneficiary of a deceased member, former member, or retiree:</text> <level label="i"> <text>of the Employees’ Retirement System or the Teachers’ Retirement System who elected Selection A (Additional member contributions);</text> </level> <level label="ii"> <text>who transferred to the Local Fire and Police System from the Employees’ Retirement System; or</text> </level> <level label="iii"> <text>who transferred to the Law Enforcement Officers’ Pension System from the Employees’ Retirement System and had elected Selection A (Additional member contributions);</text> </level> </level> <level label="2"> <text>an allowance based on creditable service earned before July 1, 2011, for a former member, retiree, or surviving beneficiary of a deceased member, former member, or retiree of:</text> <level label="i"> <text>the Correctional Officers’ Retirement System; or</text> </level> <level label="ii"> <text>the State Police Retirement System; and</text> </level> </level> <level label="3"> <text>an additional annual allowance adjustment payable to a retiree or the beneficiary of a retiree of the State Police Retirement System under § 24–401(e) of this article.</text> </level> </level> <level label="b"> <text>A cost–of–living adjustment payable under this section shall be a compound cost–of–living adjustment computed in accordance with § 29–402(d)(2) of this subtitle.</text> </level> <level label="c"> <text>A cost–of–living adjustment payable under this section is not subject to any cost–of–living rate cap.</text> </level> <level label="d"> <text>A cost–of–living adjustment payable under this section may not reduce an allowance to an amount that is less than the initial allowance.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-404" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="4" subtitle_name="Cost–of–living Adjustments"> <level label="a"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, this section applies only to an allowance based on creditable service earned before July 1, 2011, for a former member, retiree, or surviving beneficiary of a deceased member, former member, or retiree of:</text> <level label="i"> <text>the Employees’ Pension System, if the deceased member, former member, or retiree was an employee of:</text> <level label="1"> <text>a participating governmental unit that has not elected the contributory pension benefit or the Alternate Contributory Pension Selection for its members in accordance with § 31–116 or § 31–116.1 of this article; or</text> </level> <level label="2"> <text>a former participating governmental unit, other than Frederick County, that has withdrawn before July 1, 1998, while a member;</text> </level> </level> <level label="ii"> <text>the Law Enforcement Officers’ Pension System, only if the deceased member, former member, or retiree transferred to the Law Enforcement Officers’ Pension System from the Employees’ Retirement System and did not elect to participate in the Law Enforcement Officers’ Modified Pension Benefit on or before December 31, 2000, as provided in § 26–211 of this article; or</text> </level> <level label="iii"> <text>the Local Fire and Police System.</text> </level> </level> <level label="2"> <text>This section does not apply to an allowance that is subject to adjustment under § 29–403, § 29–405, § 29–406, § 29–407, or § 29–408 of this subtitle.</text> </level> </level> <level label="b"> <text>A cost–of–living adjustment payable under this section shall be a simple cost–of–living adjustment computed in accordance with § 29–402(d)(3) of this subtitle.</text> </level> <level label="c"> <text>A cost–of–living adjustment payable under this section shall be subject to a cost–of–living rate cap of 3%.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-405" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="4" subtitle_name="Cost–of–living Adjustments"> <level label="a"> <text>This section applies only to an allowance received by a former member, retiree, or surviving beneficiary of a deceased member, former member, or retiree:</text> <level label="1"> <text>of the Employees’ Retirement System or the Teachers’ Retirement System who elected Selection B (Limited cost–of–living adjustment); or</text> </level> <level label="2"> <text>who transferred to the Law Enforcement Officers’ Pension System from the Employees’ Retirement System and had elected Selection B (Limited cost–of–living adjustment).</text> </level> </level> <level label="b"> <text>A cost–of–living adjustment payable under this section shall be a compound cost–of–living adjustment computed in accordance with § 29–402(d)(2) of this subtitle.</text> </level> <level label="c"> <text>A cost–of–living adjustment payable under this section shall be subject to a cost–of–living rate cap of 5%.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-406" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="4" subtitle_name="Cost–of–living Adjustments"> <level label="a"> <level label="1"> <text>Except as provided in subsection (a)(2) of this section, this section applies:</text> <level label="i"> <text>on or after July 1, 1998, only to an allowance based on creditable service earned before July 1, 2011, and received by a former member, retiree, or surviving beneficiary of a deceased member, former member, or retiree of the Employees’ Pension System or the Teachers’ Pension System; and</text> </level> <level label="ii"> <text>on or after December 31, 2000, only to an allowance based on creditable service earned before July 1, 2011, and received by a former member, retiree, or surviving beneficiary of a deceased member, former member, or retiree of the Law Enforcement Officers’ Pension System.</text> </level> </level> <level label="2"> <text>This section does not apply if the member, former member, or retiree:</text> <level label="i"> <text>was an employee of a participating governmental unit that did not elect the contributory pension benefit or the Alternate Contributory Pension Selection for its employees in accordance with § 31–116 or § 31–116.1 of this article;</text> </level> <level label="ii"> <text>was an employee of a former participating governmental unit, other than Frederick County, that has withdrawn before July 1, 1998, while a member; or</text> </level> <level label="iii"> <text>transferred to the Law Enforcement Officers’ Pension System from the Employees’ Retirement System and did not elect to participate in the Law Enforcement Officers’ Modified Pension Benefit on or before December 31, 2000, as provided in § 26–211 of this article.</text> </level> </level> </level> <level label="b"> <text>A cost–of–living adjustment payable under this section shall be a compound cost–of–living adjustment computed in accordance with § 29–402(d)(2) of this subtitle.</text> </level> <level label="c"> <text>A cost–of–living adjustment payable under this section shall be subject to a cost–of–living rate cap of 3%.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-407" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="4" subtitle_name="Cost–of–living Adjustments"> <level label="a"> <text>This section applies only to an allowance received by a former member, retiree, or surviving beneficiary of a deceased member, former member, or retiree of the Employees’ Retirement System or the Teachers’ Retirement System who elected Selection C (Combination formula).</text> </level> <level label="b"> <text>Except as provided in subsection (c) or (d) of this section, the Board of Trustees shall adjust an allowance subject to this section:</text> <level label="1"> <text>for creditable service before the effective date of selection, the cost–of–living adjustment as provided by § 29–403 of this subtitle; and</text> </level> <level label="2"> <text>for creditable service on or after the effective date of selection, the cost–of–living adjustment as provided by § 29–406 of this subtitle.</text> </level> </level> <level label="c"> <text>For a member, former member, or retiree who was subject to Selection B (Limited cost–of–living adjustment) before electing Selection C (Combination formula), the Board of Trustees shall adjust an allowance subject to this section:</text> <level label="1"> <text>for creditable service before the effective date of selection, the cost–of–living adjustment as provided by § 29–405 of this subtitle; and</text> </level> <level label="2"> <text>subject to subsection (d) of this section, for creditable service on or after the effective date of selection, the cost–of–living adjustment as provided by § 29–406 of this subtitle.</text> </level> </level> <level label="d"> <text>If an allowance is received by a former member, retiree, or a surviving beneficiary of a deceased member, former member, or retiree who, while a member, was an employee of a participating governmental unit that has not elected the contributory pension benefit or the Alternate Contributory Pension Selection for its members in accordance with § 31–116 or § 31–116.1 of this article, or a former participating governmental unit, other than Frederick County, that has withdrawn before July 1, 1998, the Board of Trustees shall adjust the allowance for creditable service on or after the effective date of selection as provided in § 29–404 of this subtitle.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-408" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="4" subtitle_name="Cost–of–living Adjustments"> <level label="a"> <text>This section applies only to an allowance based on creditable service earned on or after July 1, 2011, for a former member, retiree, or surviving beneficiary of a deceased member, former member, or retiree of:</text> <level label="1"> <text>the Correctional Officers’ Retirement System;</text> </level> <level label="2"> <text>the Employees’ Pension System;</text> </level> <level label="3"> <text>the Law Enforcement Officers’ Pension System;</text> </level> <level label="4"> <text>the State Police Retirement System; or</text> </level> <level label="5"> <text>the Teachers’ Pension System.</text> </level> </level> <level label="b"> <text>A cost–of–living adjustment payable under this section shall be a compound cost–of–living adjustment computed in accordance with § 29–402(d)(2) of this subtitle.</text> </level> <level label="c"> <text>A cost–of–living adjustment payable under this section shall be subject to a cost–of–living rate cap of:</text> <level label="1"> <level label="2"> <text>5% if, for the calendar year ending December 31 in the preceding fiscal year, the total investment performance of the several systems equals or exceeds the assumed rate of investment return established by the Board of Trustees in accordance with § 21–125(c) of this article and in effect as of December 31 of the preceding fiscal year; or</text> </level> </level> <level label="2"> <text>1% if, for the calendar year ending December 31 in the preceding fiscal year, the total investment performance of the several systems does not equal or exceed the assumed rate of investment return established by the Board of Trustees in accordance with § 21–125(c) of this article and in effect as of December 31 of the preceding fiscal year.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-409" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="4" subtitle_name="Cost–of–living Adjustments"> <level label="a"> <text>This section applies only to a retiree of the Employees’ Retirement System or Employees’ Pension System who:</text> <level label="1"> <text>retired from the Employees’ Retirement System or Employees’ Pension System on or before June 30, 2009;</text> </level> <level label="2"> <text>before retirement was an employee of the Maryland School for the Deaf; and</text> </level> <level label="3"> <text>before retirement, as an employee of the Maryland School for the Deaf, was a 10–month employee incorrectly classified as a 12–month employee.</text> </level> </level> <level label="b"> <level label="1"> <text>If a retiree is receiving a benefit that differs from the benefit the retiree is entitled to receive, the Board of Trustees shall, beginning July 1, 2010, and each subsequent July 1, suspend any annual cost–of–living adjustment the retiree may otherwise be entitled to receive under this subtitle.</text> </level> <level label="2"> <text>Beginning July 1, 2010, and each subsequent July 1, any adjustment to the retiree’s annual retirement allowance described under paragraph (1) of this subsection shall be calculated using the current retirement allowance the retiree is entitled to receive and not the current retirement allowance the retiree is receiving.</text> </level> <level label="3"> <text>The Board of Trustees shall suspend any annual cost–of–living adjustment otherwise payable under this subsection until the total amount of retirement allowance the retiree is entitled to receive, including any suspended annual cost–of–living adjustment, equals or exceeds the total amount of retirement allowance the retiree is receiving on July 1, 2010.</text> </level> <level label="4"> <text>When the total amount of retirement allowance the retiree is entitled to receive, including any suspended annual cost–of–living adjustments, equals or exceeds the total amount of retirement allowance the retiree is receiving on July 1, 2010, the Board of Trustees shall resume adjusting the retiree’s annual allowance on July 1 of each year in accordance with this subtitle, so that the amount of the allowance, including any cost–of–living adjustments, equals the total allowance the retiree is entitled to receive.</text> </level> </level> <level label="c"> <text>If a retiree dies before the total amount of retirement allowance the retiree was entitled to receive, including any suspended annual cost–of–living adjustments, equals the total amount of retirement allowance the retiree was receiving on July 1, 2010, and the retiree has selected an optional form of allowance under Title 21, Subtitle 4 of this article, the deceased retiree’s beneficiary shall receive a benefit calculated on the retirement allowance the deceased retiree was entitled to receive at the time of the retiree’s death and not what the retiree was receiving at the time of the retiree’s death.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="29-501" title_number="29" title_name="Benefits Other Than Service Retirement Benefits" subtitle_number="5" subtitle_name="Accumulated Contributions"> <text>The Board of Trustees shall pay a member or former member the amount of the member’s or former member’s accumulated contributions if:</text> <level label="1"> <text>the member or former member separated from employment for a reason other than death or retirement; and</text> </level> <level label="2"> <text>the member or former member requests the payment.</text> </level> </section>