This section applies only to a member of the Judges’ Retirement System who becomes a member on or after July 1, 2012. A member may elect to receive a vested allowance if: the member is separated from employment other than by death or retirement; and the member has at least 5 years of eligibility service. A member is deemed to have elected a vested allowance, unless the member requests the return of the accumulated contributions before membership ends. A vested allowance is a deferred allowance starting at age 60. A vested allowance: 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 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. 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. 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.

This section applies only to members of: the Correctional Officers’ Retirement System; the Employees’ Retirement System; the State Police Retirement System; and the Teachers’ Retirement System. This subsection applies to an individual who is a member on or before June 30, 2011. A member may elect to receive a vested allowance if: the member is separated from employment other than by death or retirement; and subject to paragraph (3) of this subsection, the member has at least 5 years of eligibility service. 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. A member is deemed to have elected a vested allowance, unless the member requests the return of the accumulated contributions before membership ends. This subsection applies to an individual who becomes a member on or after July 1, 2011. A member is eligible to receive a vested allowance if: the member separated from employment other than by death or retirement; and the member has at least 10 years of eligibility service. A vested allowance is a deferred allowance starting at: normal retirement age for members of: the Employees’ Retirement System; the State Police Retirement System; and the Teachers’ Retirement System; except as provided in item (3) of this subsection, age 55 for a member of the Correctional Officers’ Retirement System; or age 60 for a member of the Correctional Officers’ Retirement System who: served as a maximum security attendant at the Clifton T. Perkins Hospital Center; separated from employment as a maximum security attendant at the Clifton T. Perkins Hospital Center before July 1, 2016; and does not resume employment in a position eligible for membership in the Correctional Officers’ Retirement System. A vested allowance: 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 may be paid in one of the optional forms of allowances under § 21–403 of this article. 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. 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. 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.

This section applies only to an individual who: is a former member of: the Employees’ Retirement System; or the Teachers’ Retirement System; is eligible to receive a vested allowance under § 29-302 of this subtitle; and has not elected to receive a benefit under § 29-302 of this subtitle. 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: the vested allowance is less than $50 a month; the individual is not a member of the Optional Retirement Program and has terminated any employment with a participating employer for the State; or 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 the individual requests a lump-sum payment of the vested allowance on a form provided by the State Retirement Agency.

This section applies only to members of: the Employees’ Pension System; the Local Fire and Police System; the Law Enforcement Officers’ Pension System; or the Teachers’ Pension System. This subsection applies to an individual who is a member on or before June 30, 2011. A member is eligible to receive a vested allowance if: the member separated from employment other than by death or retirement; and the member has at least 5 years of eligibility service. This subsection applies to an individual who becomes a member on or after July 1, 2011. A member is eligible to receive a vested allowance if: the member separated from employment other than by death or retirement; and the member has at least 10 years of eligibility service. Except as provided in subsections (e) through (i) of this section, a vested allowance: is a deferred allowance that begins at normal retirement age; 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 may be paid in one of the optional forms of allowances under § 21–403 of this article. 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. 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. 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: begins on the first day of the month following the member’s 55th birthday; and equals the reduced allowance computed under § 23–402 of this article. 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: is a deferred allowance that begins at normal retirement age; and 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. 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: 8% of the member’s average final compensation that is not in excess of the Social Security integration level; and 5% of the member’s average final compensation that exceeds the Social Security integration level. 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. The former member’s vested allowance may be paid in one of the optional forms of allowances under § 21–403 of this article. 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: begins on the first day of the month following the member’s 55th birthday; and 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. 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: is a deferred allowance that begins at normal retirement age; and 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. 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: 1% of the member’s average final compensation that is not in excess of the Social Security integration level; and 7% of the member’s average final compensation that exceeds the Social Security integration level. 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. This subsection applies only to a former member of the Law Enforcement Officers’ Pension System who: transferred to the Law Enforcement Officers’ Pension System from the Employees’ Retirement System; and separates from employment on or before June 30, 2000. The vested allowance of a former member: is a deferred allowance that begins at normal retirement age; and 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. Except as provided in paragraph (4) of this subsection, the vested allowance described under paragraph (2) of this subsection shall equal: 2% of the member’s average final compensation multiplied by each year of the member’s first 30 years of creditable service; and 1% of the member’s average final compensation multiplied by each year of creditable service in excess of 30 years. 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. This paragraph applies only to a former member who is: receiving a deferred allowance under subsection (g) of this section; and under the age of 62 years. On receipt of a vested allowance, a former member shall receive a supplemental deferred allowance that equals the difference between: the former member’s vested allowance; and 7% of the member’s average final compensation for each year of creditable service. Payment of the supplemental deferred allowance ends when the former member: attains the age of 62 years; or dies. 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. 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.

This section applies only to an individual who: is a former member of: the Employees’ Pension System; or the Teachers’ Pension System; is eligible to receive a vested allowance under § 29-303 of this subtitle; and has not elected to receive a benefit under § 29-303 of this subtitle. 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: the vested allowance is less than $50 a month; the individual is not a member of the Optional Retirement Program and has terminated any employment with a participating employer for the State; or 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 the individual requests a lump-sum payment of the vested allowance on a form provided by the State Retirement Agency.

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: secretary of a principal department of the Executive Branch of State government as provided under § 8–201 of the State Government Article; Executive Director of the Alcohol, Tobacco, and Cannabis Commission; Adjutant General of the Military Department; Chair of the State Board of Contract Appeals; Chair of the Public Service Commission; Chair of the Workers’ Compensation Commission; Chief Administrative Law Judge of the Office of Administrative Hearings; Director of the Health Care Alternative Dispute Resolution Office; Director of the Maryland Energy Administration; Director of the Office of the Deaf, Deaf blind, and Hard of Hearing; Director of the Office of Homeland Security; Director of the Office of Performance Improvement; Director of the State Department of Assessments and Taxation; Director of the State Lottery and Gaming Control Agency; Executive Director of the Governor’s Office of Community and Crime; Executive Director of the Governor’s Office of Crime Prevention and Policy; Executive Director of the State Retirement Agency; Insurance Commissioner of the Maryland Insurance Administration; Special Secretary of the Governor’s Office for Children; State Archivist; State Prosecutor of the State Prosecutor’s Office; or State Superintendent of Schools.

In this section, “constitutional officer” means: the Attorney General of the State; the Comptroller of the State; the Lieutenant Governor of the State; the Secretary of State; or the Treasurer of the State. A constitutional officer who is a member of the Employees’ Pension System: on taking office, has immediate vesting rights in the Employees’ Pension System; and 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. 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.