<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".13" citation="COMAR 09.32.02.13" title_num="09" subtitle_num="32" chapter_num="02" heading="Retirement Payments.">
  <paragraph num="A.">
    <text>Definitions.</text>
    <paragraph num="(1)">
      <text>“Contributory retirement plan” means a plan providing a retirement payment under which an employing unit pays or has paid some, but not all, of the premiums or contributions, and the claimant has paid some, but not all, of the premiums or contributions.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>“Lump-sum retirement payment” means the gross amount of a retirement payment that is paid in one payment. Any retirement payment paid in more than one payment is not a lump-sum retirement payment, even if the installments are paid irregularly.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>“Noncontributory retirement payment” means a plan providing a retirement payment under which an employing unit pays or has paid all premiums or contributions and the claimant pays or has paid none.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>“Periodic retirement payment” means the gross amount of a retirement payment payable on a recurring basis.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Deductible Retirement Payments.</text>
    <paragraph num="(1)">
      <text>Retirement payments shall be deducted from benefits if the payments are made under a plan maintained or contributed to by a base period employer.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Deductible retirement payments include but are not limited to:</text>
      <paragraph num="(a)">
        <text>State government pensions;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Local government pensions;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Federal Civil Service retirement pensions and annuities;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Federal Civil Service disability pensions;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Private employer pensions;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Military retirement pensions;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Military disability pensions;</text>
      </paragraph>
      <paragraph num="(h)">
        <text>Railroad retirement annuities;</text>
      </paragraph>
      <paragraph num="(i)">
        <text>Individual Retirement Accounts (IRA) and Keogh Plans, to which the base period employer contributed directly;</text>
      </paragraph>
      <paragraph num="(j)">
        <text>Trust, annuity, or insurance funds, to which the base period employer contributed; and</text>
      </paragraph>
      <paragraph num="(k)">
        <text>Profit-sharing plans established to provide employees with income on retirement.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Nondeductible Retirement Payments. Retirement payments may not be deducted from benefits if the payments derive from:</text>
    <paragraph num="(1)">
      <text>Social Security benefits;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Survivor's or widow's pensions;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Military service connected disability compensation as defined in 38 U.S.C. §301 et seq. (Veterans' Administration Disability Benefits);</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Temporary disability insurance; or</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Workers' compensation and black lung benefits.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Method of Deduction.</text>
    <paragraph num="(1)">
      <text>Verification.</text>
      <paragraph num="(a)">
        <text>A claimant shall provide documentary proof of any retirement payment. When the claimant cannot provide the verification, the Secretary shall request verification from the employer.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>When a claimant cannot provide documentary proof of the retirement payment, the claimant's sworn statement shall be accepted subject to employer verification and may not affect payment of claims.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Calculation. Deductible retirement payments shall be deducted from benefits payable to the claimant as follows:</text>
      <paragraph num="(a)">
        <text>100 percent of each noncontributory retirement payment paid by or originating from a base period employer shall be fully deducted from basic weekly benefit amounts payable throughout the claimant's benefit year;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>50 percent of each contributory retirement payment paid by or originating from a base period employer shall be deducted from basic weekly benefit amounts payable throughout the claimant's benefit year;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A periodic contributory or noncontributory retirement payment prorated by week shall be deducted from the claimant's basic weekly benefit amount beginning with the first week in which the effective date of the retirement payment falls and for which the claimant has filed a continued claim.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Dependents' Allowance. The deduction of retirement payments from benefits paid does not affect the weekly benefit amount for purposes of calculating the dependents' allowance, except that if no benefit payment is due after the deduction, the dependents' allowance is not payable.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Duration of Benefit Payments. Benefits reduced as a result of a retirement payment deduction are payable until the maximum benefit amount is exhausted for the claimant's benefit year, provided all of the eligibility requirements of the Unemployment Insurance Law are met.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Effect on Partial Earnings. If a claimant has partial earnings in any week for which the claimant's weekly benefit amount is to be reduced by a deductible retirement payment amount, the partial benefits are computed first, and the retirement payment is deducted from the remainder, if any.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Lump Sum Retirement Payments.</text>
    <paragraph num="(1)">
      <text>Deductible Lump Sum Retirement Payments.</text>
      <paragraph num="(a)">
        <text>Except as otherwise provided, a lump sum retirement payment shall be deducted from benefits if the payment is made under a plan maintained or contributed to by a base period employer.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A deductible lump sum retirement payment shall be deducted from benefits payable to the claimant only if the payment is actually received within the claimant's first benefit year.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A deductible lump sum retirement payment shall be deducted from benefits payable to the claimant as follows: A lump sum retirement payment shall be allocated by week, beginning with the week the claimant was separated from employment, according to the claimant's last weekly rate of pay.</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The allocation in §E(1)(c) of this regulation extends for as long as the employer maintaining or contributing to the plan is a base period employer.</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Other calculations concerning deductible lump sum retirement payments shall be made pursuant to §D of this regulation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Nondeductible Lump Sum Retirement Payments.</text>
      <paragraph num="(a)">
        <text>A lump sum retirement payment or lump sum profit-sharing payment may not be deducted from benefits if the:</text>
        <paragraph num="(i)">
          <text>Claimant is separated from employment due to layoff or shutdown of the operation;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Payment is received after the end of a benefit year in which the contributing employer is a base period employer; or</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Claimant places the lump sum payment in a qualified retirement plan within 30 days of receipt.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>With regard to §E(2)(a)(iii) of this regulation, the:</text>
        <paragraph num="(i)">
          <text>Claimant shall provide documentation to the Secretary that states that the lump sum retirement payment has been placed in a qualified retirement plan, and gives the name of the institution or fund in which the payment was placed;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Lump sum retirement payment shall be verified as set forth in §D(1) of this regulation.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>