# State Personnel and Pensions (GSP)

## Title 35. Supplemental Retirement Plans

### Subtitle 4. Tax Sheltered Annuity Plan

#### Section 35-401

There is a tax sheltered annuity plan for eligible participants as allowed by Sec. 403(b) of the Internal Revenue Code.

#### Section 35-402

An individual is eligible to participate in the tax sheltered annuity plan if the individual:

(1) is eligible for coverage under Sec. 403(b) of the Internal Revenue Code; and

(2) is an officer or employee of:

  (i) this State; or

  (ii) any other governmental entity in this State, including a county board of education.

#### Section 35-403

Subject to the conditions that the Board may set and in accordance with a contract between the participant and the employer, a participant may have contributions made to the tax sheltered annuity plan on the participant's behalf by a salary reduction or in place of a salary increase.

#### Section 35-404

This section does not prohibit a county board of education from adopting a plan for its employees that qualifies under Sec. 403(b) of the Internal Revenue Code.

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Md. Code Ann., State Pers. & Pens. (as displayed at mgaleg.maryland.gov, October 16, 2026)