<subtitle num="01" heading="General Regulations"> <chapter num="01" heading="Definitions and General Provisions"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this title, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Allowance” means a benefit that is payable in equal monthly installments for the life of the recipient, except as otherwise provided for an optional form of an allowance under State Personnel and Pensions Article, §21-403, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>“Beneficiary” means a person other than a retiree, in receipt of a benefit under State Personnel and Pensions Article, Division II, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Board of Trustees” means the Board of Trustees for the State Retirement and Pension System.</text> </paragraph> <paragraph num="(4)"> <text>“Creditable Service” means the service credit of a member that is recognized for computing a benefit under State Personnel and Pensions Article, Division II, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(5)"> <text>Earnable Compensation.</text> <paragraph num="(a)"> <text>“Earnable compensation” means 1/12 of a member's annual salary rate payable for working the normal time in the member's position, including:</text> <paragraph num="(i)"> <text>The employer pickup contribution provided for in State Personnel and Pensions Article, §21-313, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(ii)"> <text>A contribution made under a salary reduction or supplemental retirement plan in accordance with State Personnel and Pensions Article, Title 35, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(iii)"> <text>Longevity pay;</text> </paragraph> <paragraph num="(iv)"> <text>For a member of the State Police Retirement System, flight pay; and</text> </paragraph> <paragraph num="(v)"> <text>For a member of the Teachers' Retirement System or the Teachers' Pension System, the compensation paid to the member for performing the member's regular job responsibilities during the period of the member's mandatory assignment that extends beyond the member's 10-month assignment in accordance with the standards and guidelines adopted by the State Superintendent of Schools.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Earnable compensation” does not include:</text> <paragraph num="(i)"> <text>Bonuses;</text> </paragraph> <paragraph num="(ii)"> <text>Overtime;</text> </paragraph> <paragraph num="(iii)"> <text>Summer school salaries;</text> </paragraph> <paragraph num="(iv)"> <text>Adult education salary;</text> </paragraph> <paragraph num="(v)"> <text>Additional temporary payments from special research projects;</text> </paragraph> <paragraph num="(vi)"> <text>Honorariums;</text> </paragraph> <paragraph num="(vii)"> <text>Vehicle stipends; and</text> </paragraph> <paragraph num="(viii)"> <text>Other payments that the Board of Trustees determines are not part of the normal salary for working the normal time in the member's position.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(6)"> <text>“Electronic signature” has the meaning stated in Commercial Law Article, §21-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(7)"> <text>“Eligibility service” means the service credit of a member that is recognized for determining eligibility for a benefit under State Personnel and Pensions Article, Division II, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(8)"> <text>“Executive Director” means the Executive Director of the Retirement Agency.</text> </paragraph> <paragraph num="(9)"> <text>“Fiscal year” means the year beginning July 1 and ending June 30.</text> </paragraph> <paragraph num="(10)"> <text>“Participant” means a beneficiary, designated beneficiary, former member, member, or retiree who is or may become eligible to receive a benefit of any type from the several systems.</text> </paragraph> <paragraph num="(11)"> <text>“Participating employer” means the employer of an individual who, because of the employment relationship, is eligible for membership in a State system.</text> </paragraph> <paragraph num="(12)"> <text>“Retirement Agency” means the State Retirement Agency established under State Personnel and Pensions Article, §21-117, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(13)"> <text>“Secure access participant portal” means the Retirement Agency’s internet website that participants may access only after completing the registration and authentication requirements specified by the Retirement Agency.</text> </paragraph> <paragraph num="(14)"> <text>“Service credit” means the basic unit of eligibility service or creditable service, or both.</text> </paragraph> <paragraph num="(15)"> <text>“Several systems” means the State systems specified in State Personnel and Pensions Article, §21-102, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(16)"> <text>“State system” means a retirement or pension system that is included in the State Retirement and Pension System under State Personnel and Pensions Article, §21-102, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Submission of Forms through the Secure Access Participant Portal."> <paragraph num="A."> <text>Scope. This regulation applies only to forms that the Retirement Agency permits a participant to submit in an electronic format to the Retirement Agency through the secure access participant portal.</text> </paragraph> <paragraph num="B."> <text>The Retirement Agency may establish a secure access participant portal and specify the registration and authentication requirements that participants must satisfy in order to access and use the secure access participant portal.</text> </paragraph> <paragraph num="C."> <text>A participant may submit a form through the secure access participant portal by properly completing submission and affixing an electronic signature in the manner and format required by the Retirement Agency.</text> </paragraph> <paragraph num="D."> <text>Except when Division II of the State Personnel and Pensions Article requires notarization, and notwithstanding any other provision of this title, a participant who submits a form through the secure access participant portal and satisfies its authentication requirements is not required to have the form acknowledged by a notary public.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">State Personnel and Pensions Article, §§21-108 and 21-110, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1996 (22:26 Md. R. 2031)</annotation> <annotation type="History" subtype="Administrative History">Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective November 30, 1998 (25:24 Md. R. 1774); September 6, 1999 (26:18 Md. R. 1377); December 10, 2001 (28:24 Md. R. 2130)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective February 11, 2019 (46:3 Md. R. 108)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 repealed and new Regulation .02 adopted effective February 11, 2019 (46:3 Md. R. 108)</annotation> </annotations> </chapter> <chapter num="02" heading="Public Information Act Requests"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter sets out the procedures for filing and processing requests to the Retirement Agency for the inspection and copying of public records of the Board of Trustees or the Retirement Agency under the Public Information Act, General Provisions Article, Title 4, Annotated Code of Maryland. It is the policy of the Board of Trustees to facilitate public access to the public records of the Board of Trustees and the Retirement Agency, when this access is allowed by law, by minimizing costs and time delays to applicants. It is also the policy of the Board of Trustees to safeguard the privacy of participants in any of the several systems by restricting access to records when access is denied or restricted by law. Further, it is the policy of the Board of Trustees to restrict access to certain investment records when access is denied or restricted by law.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Act” means the Public Information Act, General Provisions Article, Title 4, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>“Agency custodian” has the meaning stated in General Provisions Article, §4-101(d), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Alternate payee” means a former spouse named in an eligible domestic relations order that the Retirement Agency has accepted for administration pursuant to a notice of administration issued in accordance with State Personnel and Pensions Article, §21-502, Annotated Code of Maryland, and COMAR 22.01.03.04.</text> </paragraph> <paragraph num="(4)"> <text>“Applicant” has the meaning stated in General Provisions Article, §4-101(b), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(5)"> <text>“Compliance Board” has the meaning stated in General Provisions Article, §4-101(c), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(6)"> <text>“Copy” means any form of reproduction using a photocopying machine or other reproduction technology, including a paper copy, an electronic copy, a printout, or an image.</text> </paragraph> <paragraph num="(7)"> <text>“Executive Director” means the Executive Director of the Retirement Agency or the Executive Director’s designated representative.</text> </paragraph> <paragraph num="(8)"> <text>“Indigent” has the meaning stated in General Provisions Article, §4-206(a)(2), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(9)"> <text>Investment Record.</text> <paragraph num="(a)"> <text>“Investment record” means any record, regardless of physical form or characteristic, with information about:</text> <paragraph num="(i)"> <text>A proposed purchase or program of purchases leading to a cumulative position in a security;</text> </paragraph> <paragraph num="(ii)"> <text>An existing position in a security;</text> </paragraph> <paragraph num="(iii)"> <text>The making, sale, or prepayment of a loan;</text> </paragraph> <paragraph num="(iv)"> <text>Any proposed sale or program of sales leading to the elimination of a position in a security; or</text> </paragraph> <paragraph num="(v)"> <text>The sale or purchase of real property or any interest therein.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Investment record” includes:</text> <paragraph num="(i)"> <text>Analyses, forecasts, and negotiations pertinent to the transactions described in §B(9)(a) of this regulation; and</text> </paragraph> <paragraph num="(ii)"> <text>Information compiled by the Board of Trustees for conducting the review of the performance, form, and contents of the annuity contracts offered under the Optional Retirement Program established under State Personnel and Pensions Article, §30-201, Annotated Code of Maryland.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(10)"> <text>“Metadata” has the meaning stated in General Provisions Article, §4-205(a), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(11)"> <text>Person in Interest.</text> <paragraph num="(a)"> <text>"Person in interest” means:</text> <paragraph num="(i)"> <text>An individual who is the subject of a record;</text> </paragraph> <paragraph num="(ii)"> <text>The individual’s representative who has been designated in writing by the individual who is the subject of a record; or</text> </paragraph> <paragraph num="(iii)"> <text>If the subject of the record has a legal disability, the parent or legal representative of the individual.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Person in interest” includes an alternate payee, to the extent a public record pertains to the benefits payable under an eligible domestic relations order as defined in COMAR 22.01.03.02B.</text> </paragraph> </paragraph> <paragraph num="(12)"> <text>“Public Access Ombudsman” means the official appointed under General Provisions Article, Title 4, Subtitle 1B, Annotated Code of Maryland, to resolve disputes under the Act.</text> </paragraph> <paragraph num="(13)"> <text>“Public record” has the meaning stated in General Provisions Article, §4-101(j), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(14)"> <text>“Reasonable fee” has the meaning stated in General Provisions Article, §4-206(a)(3), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(15)"> <text>“Retirement record” means any record, regardless of physical form or characteristics, indexed by a participant’s name, participant’s home address, Social Security number, or other identification number.</text> </paragraph> <paragraph num="(16)"> <text>“Working day” means a day other than Saturday, Sunday, a State holiday, or a day or partial day when the Retirement Agency is closed to the public.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Availability of Requested Public Records."> <paragraph num="A."> <text>The public records of, or in the custody of, the Board of Trustees or Retirement Agency are available for inspection and copying only to the extent provided under the Act and in this regulation.</text> </paragraph> <paragraph num="B."> <text>Except for any portion of a retirement record that is exempt from disclosure under the Act or this regulation, a retirement record is available for inspection and copying:</text> <paragraph num="(1)"> <text>By the person in interest;</text> </paragraph> <paragraph num="(2)"> <text>By the appointing authority of the person in interest;</text> </paragraph> <paragraph num="(3)"> <text>After the death of the person in interest, by:</text> <paragraph num="(a)"> <text>The person in interest’s designated beneficiary;</text> </paragraph> <paragraph num="(b)"> <text>The personal representative of the person in interest’s estate; or</text> </paragraph> <paragraph num="(c)"> <text>Any person who demonstrates to the satisfaction of the Executive Director that the person has a valid claim to the benefits of the person in interest;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>By a law enforcement agency in order to obtain the home address of a retired employee of the law enforcement agency when contact with a retired employee is documented to be necessary for official agency business; or</text> </paragraph> <paragraph num="(5)"> <text>By the employees of a county unit that, by county law, is required to audit the retirement records for current or former employees of the county, if the county unit and the employees of the county unit agree to protect the confidentiality of the records in accordance with Regulation .10 of this chapter.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Medical records contained in an individual’s retirement record are available for inspection and copying by the person in interest, other than an alternate payee, but if the medical record relates to a psychiatric or psychological problem then the request shall be subject to the requirements of the Health-General Article, §4-304(a), Annotated Code of Maryland.</text> </paragraph> <paragraph num="D."> <text>Elected or Appointed Officials.</text> <paragraph num="(1)"> <text>In this section, “appointed official” means an individual appointed to a public office in the State or political subdivision of the State who meets the legal criteria for an appointed official as determined by the Office of the Attorney General.</text> </paragraph> <paragraph num="(2)"> <text>The Agency custodian shall disclose to an applicant the amount of that part of a retirement allowance that is derived from employer contributions and that is granted to:</text> <paragraph num="(a)"> <text>A retired elected or appointed official of the State; or</text> </paragraph> <paragraph num="(b)"> <text>A retired elected official of a political subdivision.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Agency custodian shall disclose to an applicant the benefit formula and the variables for calculating the retirement allowance of:</text> <paragraph num="(a)"> <text>A current elected or appointed official of the State; or</text> </paragraph> <paragraph num="(b)"> <text>A current elected official of a political subdivision.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Investment Records.</text> <paragraph num="(1)"> <text>Except for any portion of an investment record that is exempt from disclosure under the Act or this regulation, and except as provided in §E(2) of this regulation, investment records are available for inspection and copying by an applicant when the:</text> <paragraph num="(a)"> <text>Chief Investment Officer of the Retirement Agency determines that the release of information would not adversely affect the negotiation for, or market price of, a security or real property; and</text> </paragraph> <paragraph num="(b)"> <text>Retirement Agency completes:</text> <paragraph num="(i)"> <text>A proposed purchase or program of purchases leading to a cumulative position in a security;</text> </paragraph> <paragraph num="(ii)"> <text>The making, sale, or prepayment of a loan;</text> </paragraph> <paragraph num="(iii)"> <text>Any proposed sale or program of sales leading to the elimination of a position in a security; or</text> </paragraph> <paragraph num="(iv)"> <text>The sale or purchase of real property.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Agency custodian shall make available for inspection and copying that portion of an investment record that contains information compiled by the Board of Trustees for conducting the review of the performance, form, and contents of the annuity contracts offered under the Optional Retirement Program established under State Personnel and Pensions Article, §30-201, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>With respect to the disclosure of records concerning an alternative investment, the Retirement Agency shall follow the Board of Trustees’ policies set forth in the Investment Policy Manual pursuant to State Personnel and Pensions Article, §§21-116(c) and 21-123(c), Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Except as provided in §G of this regulation, the home address or telephone number of an employee of a unit or instrumentality of the State or of a political subdivision may not be available for inspection and copying by an applicant unless the:</text> <paragraph num="(1)"> <text>Employee consents to inspection of the record; or</text> </paragraph> <paragraph num="(2)"> <text>Unit or instrumentality that employs the employee determines that inspection is needed to protect the public interest.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Access to Public Employee Organizations.</text> <paragraph num="(1)"> <text>This section applies only to the:</text> <paragraph num="(a)"> <text>Employees’ Pension System;</text> </paragraph> <paragraph num="(b)"> <text>Employees’ Retirement System;</text> </paragraph> <paragraph num="(c)"> <text>Teachers’ Pension System; and</text> </paragraph> <paragraph num="(d)"> <text>Teachers’ Retirement System.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Except as provided in §G(4) of this regulation, each year, the Retirement Agency shall release the information set forth in §G(3) of this regulation to a public employee organization if the public employee organization:</text> <paragraph num="(a)"> <text>Submits a written request for the information;</text> </paragraph> <paragraph num="(b)"> <text>Pays the applicable fee; and</text> </paragraph> <paragraph num="(c)"> <text>Agrees to maintain the confidentiality of the records as provided in Regulation .10 of this chapter.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Retirement Agency may release the following information to a public employee organization at no fee:</text> <paragraph num="(a)"> <text>The name and last known address of each individual who became a retiree or began receiving a vested allowance in the last year;</text> </paragraph> <paragraph num="(b)"> <text>The name and last known address of each retiree or former member receiving a vested allowance who died in the last year; and</text> </paragraph> <paragraph num="(c)"> <text>Any change in address in the last year of a retiree or former member receiving a vested allowance.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If the public employee organization requests the information set forth in §G(3) of this regulation in such a manner and format that it cannot be obtained from a standard report that is regularly run by the Retirement Agency, the Retirement Agency may impose a reasonable fee for the information based upon the actual expense to the Retirement Agency for any special software programming and testing required.</text> </paragraph> <paragraph num="(5)"> <text>At any time, a retiree, or former member who is receiving a vested allowance, may submit written instructions to the Retirement Agency to cease providing the information set forth in §G(3) of this regulation to a public employee organization.</text> </paragraph> <paragraph num="(6)"> <text>On receipt of written instructions pursuant to §G(5) of this regulation, the Retirement Agency may not release information about the retiree, or former member who is receiving a vested allowance, to a public employee organization.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Notwithstanding §G(5) of this regulation, on request of a retiree organization that complies with State Personnel and Pensions Article, §21-128, Annotated Code of Maryland, the Board of Trustees shall provide retiree data to a mail processing center for the purpose of providing a direct mailing to a retiree of the several systems who is a member or eligible to become a member of the retiree organization.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Application to Inspect, Copy, or Receive Information from Records."> <paragraph num="A."> <text>Except as provided in §B of this regulation, a person or governmental unit wishing to inspect a public record in the custody and control of the Retirement Agency shall submit a written application to the Agency custodian.</text> </paragraph> <paragraph num="B."> <text>A person or governmental unit need not submit a written application to the Agency custodian if:</text> <paragraph num="(1)"> <text>The requested public record is of a type that the Retirement Agency has designated and listed as being available to any applicant immediately on request; or</text> </paragraph> <paragraph num="(2)"> <text>The Agency custodian waives the requirement for a written application.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The written request shall:</text> <paragraph num="(1)"> <text>Contain the applicant’s contact information; and</text> </paragraph> <paragraph num="(2)"> <text>Reasonably identify, by brief description, the public record sought.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The applicant shall address a written request for a record in the custody and control of the Retirement Agency or the Board of Trustees to the Agency’s designated representative for public records requests pursuant to General Provisions Article, §4-503, Annotated Code of Maryland. The name and contact information of the designated representative shall be posted on the Retirement Agency’s website.</text> </paragraph> <paragraph num="E."> <text>An individual who calls the Retirement Agency for basic information from the individual’s retirement record may receive the requested information over the telephone if the individual provides the identifying information that the Retirement Agency requires.</text> </paragraph> <paragraph num="F."> <text>On request, the Agency custodian shall state whether an individual is receiving a retirement or pension allowance.</text> </paragraph> <paragraph num="G."> <text>An applicant’s identity, affiliation, and purpose for making the public record request are not required information for granting the request, except as necessary to assist in determining whether:</text> <paragraph num="(1)"> <text>The applicant is a person in interest;</text> </paragraph> <paragraph num="(2)"> <text>Denial of part of the requested record is appropriate under General Provisions Article, Title 4, Subtitle 3 Part IV, Annotated Code of Maryland; or</text> </paragraph> <paragraph num="(3)"> <text>A requested fee waiver is appropriate.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Response Granting Applicant’s Request."> <paragraph num="A."> <text>If the Agency custodian decides to grant a request for inspection in its entirety, the custodian shall produce the public record for inspection:</text> <paragraph num="(1)"> <text>Immediately; or</text> </paragraph> <paragraph num="(2)"> <text>Within a reasonable period, not to exceed 30 days after the date of the request, if that period is needed to retrieve the public record and conduct any necessary review.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If the Agency custodian reasonably believes that producing the public record will take more than 10 working days, the custodian shall state in writing within 10 working days after receiving the request:</text> <paragraph num="(1)"> <text>The amount of time the custodian anticipates will be necessary to produce the public record;</text> </paragraph> <paragraph num="(2)"> <text>The reason for that delay; and</text> </paragraph> <paragraph num="(3)"> <text>An estimated range of fees that the Retirement Agency may charge to comply with the request.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Any time limit imposed under this regulation:</text> <paragraph num="(1)"> <text>May be extended by not more than 30 days with the consent of the applicant; and</text> </paragraph> <paragraph num="(2)"> <text>Shall be extended pending resolution of any dispute that the applicant has referred to the Public Access Ombudsman.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Response Denying All or Part of Applicant’s Request."> <paragraph num="A."> <text>If the Agency custodian determines that a requested record no longer exists, then the Agency shall notify the applicant of that determination:</text> <paragraph num="(1)"> <text>Immediately, if the custodian reached that determination on initial review of the application; or</text> </paragraph> <paragraph num="(2)"> <text>Promptly after completing a search for potentially responsive public records and not more than 30 days after receiving the application.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If the Agency custodian decides to deny all or part of an applicant’s request on any basis other than the requested public record’s non-existence, the custodian shall within 10 working days give the applicant a written statement that provides:</text> <paragraph num="(1)"> <text>The reasons, including the legal authority, for the denial;</text> </paragraph> <paragraph num="(2)"> <text>For applications denied as contrary to the public interest under General Provisions Article, §4-343, Annotated Code of Maryland:</text> <paragraph num="(a)"> <text>A brief explanation of why the denial is necessary; and</text> </paragraph> <paragraph num="(b)"> <text>An explanation of why redacting information would not address the reasons for the denial;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>For applications denied as misdirected to an individual who is not the custodian:</text> <paragraph num="(a)"> <text>The name of the public record’s custodian, if known; and</text> </paragraph> <paragraph num="(b)"> <text>The public record’s actual or possible location, if known;</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>A brief description of any undisclosed public record or category of public records that will not disclose the protected information but will enable the applicant to assess the applicability of the legal authority for the denial; and</text> </paragraph> <paragraph num="(5)"> <text>Notice of the remedies under the Act for review of the denial.</text> </paragraph> </paragraph> <paragraph num="C."> <text>If the Agency custodian denies an applicant’s request in part, the custodian shall allow inspection of any part of the record that is subject to inspection.</text> </paragraph> <paragraph num="D."> <text>Any time limit imposed under this regulation:</text> <paragraph num="(1)"> <text>May be extended by not more than 30 days with the consent of the applicant; and</text> </paragraph> <paragraph num="(2)"> <text>Shall be extended pending resolution of any dispute that the applicant has referred to the Public Access Ombudsman.</text> </paragraph> </paragraph> <paragraph num="E."> <text>A custodian may not ignore an application to inspect public records on the ground that the application was intended for purposes of harassment.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Format of Public Records."> <paragraph num="A."> <text>Except as otherwise provided in this section, if an applicant who is authorized to inspect a public record requests a copy, printout, or photograph of the public record, the Agency custodian shall provide the applicant with:</text> <paragraph num="(1)"> <text>A copy, printout, or photograph of the public record; or</text> </paragraph> <paragraph num="(2)"> <text>If the custodian does not have facilities to reproduce the public record, access to the public record to make the copy, printout, or photograph.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Agency custodian shall provide an applicant with a copy of the public record in a searchable and analyzable electronic format if:</text> <paragraph num="(1)"> <text>The public record already exists in a searchable and analyzable electronic format;</text> </paragraph> <paragraph num="(2)"> <text>The applicant requests a copy of the public record in a searchable and analyzable electronic format; and</text> </paragraph> <paragraph num="(3)"> <text>The custodian can provide a copy of the public record, in whole or in part, in a searchable and analyzable electronic format that does not disclose confidential or protected information for which the custodian must or may deny inspection in accordance with the Act or this regulation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The Agency custodian may have metadata removed from an electronic document before providing the electronic document to an applicant by:</text> <paragraph num="(1)"> <text>Using a software program or function; or</text> </paragraph> <paragraph num="(2)"> <text>Converting the electronic document into a different searchable and analyzable format.</text> </paragraph> </paragraph> <paragraph num="D."> <text>This regulation may not be construed to:</text> <paragraph num="(1)"> <text>Require the custodian to reconstruct a public record in an electronic format if the custodian no longer has the public record available in an electronic format;</text> </paragraph> <paragraph num="(2)"> <text>Allow a custodian to make a public record available only in an electronic format;</text> </paragraph> <paragraph num="(3)"> <text>Require a custodian to create, compile, or program a new public record; or</text> </paragraph> <paragraph num="(4)"> <text>Require a custodian to release an electronic record in a format that would jeopardize or compromise the security or integrity of the original record or of any proprietary software in which the record is maintained.</text> </paragraph> </paragraph> <paragraph num="E."> <text>If a public record exists in a searchable and analyzable electronic format, the act of a custodian providing a portion of the public record in a searchable and analyzable electronic format does not constitute creating a new public record.</text> </paragraph> <paragraph num="F."> <text>The copy, printout, or photograph shall be made:</text> <paragraph num="(1)"> <text>While the public record is in the custody of the custodian;</text> </paragraph> <paragraph num="(2)"> <text>Whenever practicable, where the public record is kept; and</text> </paragraph> <paragraph num="(3)"> <text>Within any reasonable time schedule that the Agency custodian may choose to set.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Fees."> <paragraph num="A."> <text>Fee Schedule for Certifying and Copying a Public Record.</text> <paragraph num="(1)"> <text>If the public records are susceptible to photocopying, the charge for each copy of a document is:</text> <paragraph num="(a)"> <text>25 cents per page for copies made on a photocopying machine within the Retirement Agency offices; or</text> </paragraph> <paragraph num="(b)"> <text>Based on actual costs of reproduction if the copies could not be made on a photocopying machine within the Retirement Agency offices.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If the public records are not susceptible to photocopying, for example, diskettes, magnetic cartridges, magnetic tapes, drawings, maps, blueprints, microfilm, or photographs, the fee for copies will be based on the actual costs of reproduction.</text> </paragraph> <paragraph num="(3)"> <text>If the public record requested to be reproduced is more than 25 pages, the Agency custodian shall charge a $3.50 per hour photocopying processing fee in addition to the per page fee.</text> </paragraph> <paragraph num="(4)"> <text>If an applicant requests that a copy of a public record be certified as a true copy, the Agency custodian shall charge an additional fee of $1 per record.</text> </paragraph> <paragraph num="(5)"> <text>If the Agency custodian is required to provide a computer printout, the charge for the printout shall include all related expenses associated with the time expended to produce the computer printout.</text> </paragraph> <paragraph num="(6)"> <text>Search, Review, and Preparation Fees.</text> <paragraph num="(a)"> <text>Except as provided in §B(6)(b) of this regulation, the Agency custodian may charge reasonable fees for the time that an official or employee of the Agency, or an employee of the Office of the Attorney General on behalf of the Agency, spends to search for public records and review and prepare them for inspection and copying, in addition to the cost for reproduction.</text> </paragraph> <paragraph num="(b)"> <text>The Agency custodian may not charge a fee for the first 2 hours that are needed to search for a public record and prepare it for inspection.</text> </paragraph> <paragraph num="(c)"> <text>The Agency custodian shall determine the search, review, and preparation fees by multiplying the employee’s salary, prorated to an hourly basis, by the actual time attributable to the search for, review of, and preparation of public records for inspection and copying.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Payment of Fees.</text> <paragraph num="(1)"> <text>The Agency custodian shall:</text> <paragraph num="(a)"> <text>Estimate the cost of reproduction, including any search fee; and</text> </paragraph> <paragraph num="(b)"> <text>Advise the applicant of the estimated costs.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Before reproducing a public record, the Agency custodian shall:</text> <paragraph num="(a)"> <text>Obtain the written agreement of the applicant that the cost shall be paid; or</text> </paragraph> <paragraph num="(b)"> <text>Request prepayment of the estimated fee before reproducing the public record.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Subject to §C of this regulation, the Agency custodian shall provide the requested and completed copies and printouts only on:</text> <paragraph num="(a)"> <text>Payment of all applicable fees by the applicant; and</text> </paragraph> <paragraph num="(b)"> <text>If an applicant requests transmittal of the copies by mail or delivery to the applicant, payment of or written agreement to pay the cost of postage or delivery.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>The Executive Director may waive or reduce any fee charged under this regulation, on request, if the Executive Director determines that the:</text> <paragraph num="(1)"> <text>Item requested is promotional in nature, is routinely distributed to the public, or may be reproduced free of charge;</text> </paragraph> <paragraph num="(2)"> <text>Applicant is indigent and files an affidavit verifying facts that support a claim of indigency; or</text> </paragraph> <paragraph num="(3)"> <text>Waiver or reduction is in the public interest based upon relevant factors including the applicant’s ability to pay the fee.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Time and Place of Inspection."> <paragraph num="A."> <text>An applicant may inspect a public record during the normal working hours of any working day of the Retirement Agency.</text> </paragraph> <paragraph num="B."> <text>The place of inspection shall be the place where the document is located unless the Agency custodian determines that another place of inspection is more suitable and convenient after taking into account any expressed wish of the applicant.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Protection of Privacy and Confidentiality."> <text>A person entitled by law to inspect or obtain copies of any records set forth in Regulation .03B(4) and (5), F, and G of this chapter shall, before inspection, in writing:</text> <paragraph num="A."> <text>Specify the basis for the request;</text> </paragraph> <paragraph num="B."> <text>Agree not to release any information derived from the inspection to a third party without the express prior agreement, in writing, of the Agency custodian; and</text> </paragraph> <paragraph num="C."> <text>Agree to the entry of an appropriate protective order in a court of competent jurisdiction ensuring that information may not be disclosed generally.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Maintenance of Records; Relevance of Material."> <paragraph num="A."> <text>The Agency shall maintain records which are not subject to public inspection under this chapter in a manner which assures the right to privacy of the individual who is the subject of the record.</text> </paragraph> <paragraph num="B."> <text>The Retirement Agency may retain in its records only information which is relevant and necessary to accomplish the purpose of the Board of Trustees and the Retirement Agency.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Referral and Review of Disputes."> <paragraph num="A."> <text>If the Retirement Agency’s fee for responding to an applicant’s public record request exceeds $350 and the applicant considers it unreasonable, the applicant may file a complaint with the Public Information Act Compliance Board, and appeal from a decision of that Board, as stated in General Provisions Article, Title 4, Subtitle 1A, and §4-362, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>The applicant may refer to the Public Access Ombudsman, as stated in General Provisions Article, Title 4, Subtitle 1A, a dispute concerning any of the following issues:</text> <paragraph num="(1)"> <text>The custodian’s application of an exemption from disclosure;</text> </paragraph> <paragraph num="(2)"> <text>Redactions of information in the public record;</text> </paragraph> <paragraph num="(3)"> <text>The failure of the custodian to produce a public record in a timely manner or to disclose all records relevant to the request;</text> </paragraph> <paragraph num="(4)"> <text>Overly broad requests for public records;</text> </paragraph> <paragraph num="(5)"> <text>The amount of time a custodian needs, given available staff and resources, to produce public records;</text> </paragraph> <paragraph num="(6)"> <text>A request for or denial of a fee waiver; and</text> </paragraph> <paragraph num="(7)"> <text>Repetitive or redundant requests from an applicant.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An applicant who is denied a requested public record or a requested copy, printout, or photograph of a public record may file a complaint with the circuit court for the county where:</text> <paragraph num="(1)"> <text>The complainant resides or has a principal place of business; or</text> </paragraph> <paragraph num="(2)"> <text>The public record is located.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">General Provisions Article, §§4-101—4-601; State Personnel and Pensions Article, §§21-110, 21-123, 21-128, 21-504, and 30-208; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1996 (22:26 Md. R. 2031)</annotation> <annotation type="History" subtype="Administrative History">Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.</annotation> <annotation type="History" subtype="Administrative History">Regulation .05G amended effective April 26, 2004 (31:8 Md. R. 647)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.16 repealed and new Regulations .01—.12 adopted effective February 11, 2019 (46:3 Md. R. 108)</annotation> </annotations> </chapter> <chapter num="03" heading="Domestic Relations Orders"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter establishes procedures for review and administration by the Agency of an eligible domestic relations order which assigns to an alternate payee all or a portion of the plan benefit payable to a participant. This chapter also sets forth the circumstances that will result in rejection of a domestic relations order by the Agency.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Agency” means the State Retirement Agency established under State Personnel and Pensions Article, §21-117, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>Allowance.</text> <paragraph num="(a)"> <text>“Allowance” has the meaning stated in State Personnel and Pensions Article, §20-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(b)"> <text>“Allowance” includes, but is not limited to:</text> <paragraph num="(i)"> <text>A service retirement allowance;</text> </paragraph> <paragraph num="(ii)"> <text>A disability retirement allowance;</text> </paragraph> <paragraph num="(iii)"> <text>A vested allowance;</text> </paragraph> <paragraph num="(iv)"> <text>Cost of living adjustments provided in accordance with State Personnel and Pensions Article, Title 29, Subtitle 4, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(v)"> <text>Except as provided in §B(10)(c) of this regulation, a lump sum payment of the amount accrued in the Deferred Retirement Option Program on termination of participation.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(3)"> <text>“Alternate payee” means a former spouse who is named in a domestic relations order as entitled to receive all or a portion of the plan benefit of a participant in accordance with State Personnel and Pensions Article, §21-502, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>“Consent agreement” means a written statement that:</text> <paragraph num="(a)"> <text>Is signed by both parties to an eligible domestic relations order;</text> </paragraph> <paragraph num="(b)"> <text>Sets forth the agreed upon method for administering the parties' domestic relations order; and</text> </paragraph> <paragraph num="(c)"> <text>Does not contravene the parties' domestic relations order.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>“Cost-of-living adjustment” has the meaning set forth in State Personnel and Pensions Article, §29-401, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(6)"> <text>“Court” means a court of competent jurisdiction.</text> </paragraph> <paragraph num="(7)"> <text>Domestic Relations Order.</text> <paragraph num="(a)"> <text>“Domestic relations order” means an assignment of plan benefits in a court decree or order of divorce, or in a court-approved property settlement incident to a court decree or order in accordance with State Personnel and Pensions Article, §21-502, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(b)"> <text>“Domestic relations order” does not include a qualified domestic relations order as defined in the Employees' Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>“Eligible domestic relations order” means a domestic relations order that conforms to the requirements of Regulation .03 of this chapter.</text> </paragraph> <paragraph num="(9)"> <text>“Marital share fraction” means a formula in which the numerator represents the participant’s numerically specified or unspecified number of total months of service credit received or accrued during the parties’ marriage or other relevant period, and the denominator represents the participant’s total number of months of service credit.</text> </paragraph> <paragraph num="(10)"> <text>“Military service credit” means service credit for military service that a participant receives in accordance with State Personnel and Pensions Article, Title 38, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(11)"> <text>“Notice of administration” means the written notice issued by the Agency under Regulation .04 of this chapter.</text> </paragraph> <paragraph num="(12)"> <text>“Participant” means a member, former member, or retiree, as defined in State Personnel and Pensions Article, §20-101, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(13)"> <text>Plan Benefit.</text> <paragraph num="(a)"> <text>“Plan benefit” means, unless otherwise stated by an eligible domestic relations order, an amount payable by the Board of Trustees to a participant, including:</text> <paragraph num="(i)"> <text>An allowance, as defined in §B(2) of this regulation;</text> </paragraph> <paragraph num="(ii)"> <text>A participant's accumulated contributions;</text> </paragraph> <paragraph num="(iii)"> <text>A refund payable to a participant under State Personnel and Pensions Article, §22-212 or 22-213, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(iv)"> <text>Except as provided in §B(10)(c) of this regulation, a preretirement death benefit.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Except as provided in §B(10)(c) of this regulation, “plan benefit” may include, if specified in an eligible domestic relations order, a postretirement survivor benefit.</text> </paragraph> <paragraph num="(c)"> <text>“Plan benefit” does not include:</text> <paragraph num="(i)"> <text>A preretirement death benefit or postretirement survivor benefit for which payment is restricted to a surviving spouse, parent, or minor child under State Personnel and Pensions Article, Division II, Annotated Code of Maryland; or</text> </paragraph> <paragraph num="(ii)"> <text>Payment of the amount accrued in the Deferred Retirement Option Program for which payment is restricted to a surviving spouse or minor child in accordance with State Personnel and Pensions Article, §24-401.1(i) or 26-401.1(i), Annotated Code of Maryland.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(14)"> <text>“Postretirement survivor benefit” means an optional survivor benefit payable to a designated beneficiary or a participant's estate in accordance with State Personnel and Pensions Article, Title 21, Subtitle 4, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(15)"> <text>“Preretirement death benefit” means a death benefit payable on behalf of a member or former member to a designated beneficiary or a participant's estate, including a benefit payable under State Personnel and Pensions Article, §29-202 or 29-207, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(16)"> <text>“Projected service credit” means service credit that a participant receives in connection with an ordinary disability retirement allowance in accordance with State Personnel and Pensions Article, §29-106(d) or 29-108(b), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(17)"> <text>Purchased Service Credit.</text> <paragraph num="(a)"> <text>“Purchased service credit” means service credit that a participant purchases in accordance with provisions of State Personnel and Pensions Article, Division II, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(b)"> <text>“Purchased service credit” includes, but is not limited to, service credit a participant receives by paying or redepositing accumulated member contributions.</text> </paragraph> </paragraph> <paragraph num="(18)"> <text>“Unused sick leave credit” means service credit for unused sick leave that a participant receives in accordance with State Personnel and Pensions Article, §20-206, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Eligible Domestic Relations Orders."> <paragraph num="A."> <text>Domestic relations orders shall be submitted to the Agency and shall be directed to the attention of Eligible Domestic Relations Orders.</text> </paragraph> <paragraph num="B."> <text>A domestic relations order shall constitute an eligible domestic relations order only if it satisfies all of the following requirements:</text> <paragraph num="(1)"> <text>Contains the:</text> <paragraph num="(a)"> <text>Name of the State system or State systems to which the order applies;</text> </paragraph> <paragraph num="(b)"> <text>Name and last known mailing address of the participant;</text> </paragraph> <paragraph num="(c)"> <text>Name and last known mailing address of the alternate payee; and</text> </paragraph> <paragraph num="(d)"> <text>Date of the parties' marriage, and the date of the parties' divorce;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Creates or recognizes the right of the alternate payee to receive all or a portion of the participant's plan benefit if, when, and as paid by the Board of Trustees;</text> </paragraph> <paragraph num="(3)"> <text>Constitutes a method of division of a participant's plan benefit which conforms to the provisions of State Personnel and Pensions Article, Division II, Annotated Code of Maryland, including State Personnel and Pensions Article, Title 21, Subtitle 4, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(4)"> <text>Does not require the payment of any type or form of benefit, or any option, not otherwise provided by State Personnel and Pensions Article, Division II, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(5)"> <text>Does not affect the rights of a different alternate payee who was named by the participant in an eligible domestic relations order on file at the Agency;</text> </paragraph> <paragraph num="(6)"> <text>Provides for payment of an amount that does not exceed the participant's plan benefit;</text> </paragraph> <paragraph num="(7)"> <text>Directs the Board of Trustees to pay all or a portion of the participant's plan benefit to the alternate payee directly at a time and in a form that is available to the participant;</text> </paragraph> <paragraph num="(8)"> <text>Describes each type of plan benefit set forth in Regulation .02B(10) that is assigned to the alternate payee, using terms that are sufficient to precisely identify each type of plan benefit;</text> </paragraph> <paragraph num="(9)"> <text>Provides for payment of the alternate payee's share of the plan benefit in one of the following ways:</text> <paragraph num="(a)"> <text>A fixed dollar amount;</text> </paragraph> <paragraph num="(b)"> <text>A fixed percentage of the participant's plan benefit; or</text> </paragraph> <paragraph num="(c)"> <text>A fixed formula that satisfies the criteria specified in Regulation .07 of this chapter;</text> </paragraph> </paragraph> <paragraph num="(10)"> <text>If the alternate payee has been assigned a portion of an allowance and will receive payment of:</text> <paragraph num="(a)"> <text>A fixed dollar amount, states that the alternate payee shall receive a pro rata share of any cost-of-living adjustments payable after the date of administration of the order by the Agency; or</text> </paragraph> <paragraph num="(b)"> <text>A fixed percentage or fixed formula, states the alternate payee shall receive a pro rata share of all cost-of-living adjustments;</text> </paragraph> </paragraph> <paragraph num="(11)"> <text>Subject to §D of this regulation, if a participant is eligible to elect an optional form of allowance that provides a postretirement survivor benefit:</text> <paragraph num="(a)"> <text>States whether the participant is permitted or required to elect the basic allowance or an optional form of allowance;</text> </paragraph> <paragraph num="(b)"> <text>If the participant is permitted or required to elect an optional form of allowance, states whether the participant is required to select a specific optional form of allowance under State Personnel and Pensions Article, §21-403, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(c)"> <text>States whether the participant is required to designate the alternate payee as the beneficiary of a postretirement survivor benefit; and</text> </paragraph> <paragraph num="(d)"> <text>If the participant is permitted to designate a beneficiary other than the alternate payee, states whether and what share, if any, of the beneficiary's postretirement survivor benefit is payable to the alternate payee;</text> </paragraph> </paragraph> <paragraph num="(12)"> <text>Is titled “Eligible Domestic Relations Order”;</text> </paragraph> <paragraph num="(13)"> <text>Does not reference Qualified Domestic Relations Orders or the Employee Retirement Income Security Act of 1974;</text> </paragraph> <paragraph num="(14)"> <text>States that it is the obligation of the alternate payee to promptly:</text> <paragraph num="(a)"> <text>Provide the Agency a certified or true-test copy of the domestic relations order and any modifications or amendments to the order;</text> </paragraph> <paragraph num="(b)"> <text>Provide the following information to the Agency in writing contemporaneously with the submission of a domestic relations order:</text> <paragraph num="(i)"> <text>The Social Security numbers and dates of birth of the participant and alternate payee; and</text> </paragraph> <paragraph num="(ii)"> <text>The current address and current telephone number of the alternate payee;</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Submit documentation to verify the alternate payee’s date of birth;</text> </paragraph> <paragraph num="(d)"> <text>When an alternate payee becomes eligible to receive a monthly allowance, submit the required forms to commence receipt of the allowance by electronic fund transfer;</text> </paragraph> <paragraph num="(e)"> <text>Notify the Agency in writing of:</text> <paragraph num="(i)"> <text>The death of the participant; or</text> </paragraph> <paragraph num="(ii)"> <text>Any change of the alternate payee’s name, address, or telephone number; and</text> </paragraph> </paragraph> <paragraph num="(f)"> <text>Comply with all reasonable requests from the Agency for information and documentation necessary for administering the domestic relations order;</text> </paragraph> </paragraph> <paragraph num="(15)"> <text>States that it is the obligation of the participant to promptly:</text> <paragraph num="(a)"> <text>Submit any applications or forms required by the Agency to effectuate any provision of the domestic relations order;</text> </paragraph> <paragraph num="(b)"> <text>Notify the Agency in writing of:</text> <paragraph num="(i)"> <text>The death of the alternate payee; or</text> </paragraph> <paragraph num="(ii)"> <text>Any change of the participant’s name, address, or telephone number; and</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Comply with all reasonable requests from the Agency for information and documentation necessary for administering the domestic relations order;</text> </paragraph> </paragraph> <paragraph num="(16)"> <text>States that if the participant fails to act as required by the domestic relations order, or takes any action in contravention of the domestic relations order, the participant, and not the Agency, shall bear the sole and exclusive liability for the action;</text> </paragraph> <paragraph num="(17)"> <text>States that the Agency is not liable to make further payments to the alternate payee if the participant transfers to another retirement or pension system that is not administered by the Agency;</text> </paragraph> <paragraph num="(18)"> <text>States that:</text> <paragraph num="(a)"> <text>All payments to the alternate payee shall be includable in the taxable income of and taxable to the alternate payee in accordance with the applicable provisions of the Internal Revenue Code, Treasury regulations, and other guidance; and</text> </paragraph> <paragraph num="(b)"> <text>After-tax contributions shall be allocated to the parties in the same proportion as the total amount of the alternate payee’s share bears to the participant’s total plan benefit; and</text> </paragraph> </paragraph> <paragraph num="(19)"> <text>Is:</text> <paragraph num="(a)"> <text>Signed and dated by a judge of a court of competent jurisdiction;</text> </paragraph> <paragraph num="(b)"> <text>A certified or true-test copy by the clerk of the court; and</text> </paragraph> <paragraph num="(c)"> <text>In the case of an out-of-State domestic relations order, filed in a Circuit Court in the State in accordance with the Uniform Enforcement of Foreign Judgments Act, Courts and Judicial Proceedings Article, Title 11, Subtitle 8, Annotated Code of Maryland.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>The Social Security numbers and dates of birth of the participant and alternate payee shall be provided to the Agency in written correspondence accompanying a domestic relations order.</text> </paragraph> <paragraph num="D."> <text>If the participant is required to designate the alternate payee as the beneficiary of a postretirement survivor benefit that provides for payments for life, an eligible domestic relations order may not permit the designation of more than one individual as the beneficiary.</text> </paragraph> <paragraph num="E."> <text>If the Agency determines that the domestic relations order satisfies the requirements set forth in §§B through D of this regulation, the domestic relations order shall be administered as an eligible domestic relations order in accordance with Regulation .04 of this chapter.</text> </paragraph> <paragraph num="F."> <text>If the Agency determines that the domestic relations order or written correspondence accompanying the domestic relations order does not satisfy the requirements set forth in §B, C, or D of this regulation, the domestic relations order shall be rejected according to the procedure in Regulation .05 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Administration of an Eligible Domestic Relations Order."> <paragraph num="A."> <text>The Agency shall issue a notice of administration to each party to an eligible domestic relations order which specifies how the Agency shall administer the division of the participant's plan benefits under the order.</text> </paragraph> <paragraph num="B."> <text>Subject to §C of this regulation, the Agency shall pay plan benefits to a participant and an alternate payee in accordance with the notice of administration issued under §A of this regulation.</text> </paragraph> <paragraph num="C."> <text>Notice of Disagreement.</text> <paragraph num="(1)"> <text>Within 45 days of the date that a notice of administration is sent to the parties, a party shall advise the Agency and the other party to the order, in writing, if the party disagrees with the Agency’s proposed method of distribution set forth in the notice of administration and the basis for the party’s disagreement.</text> </paragraph> <paragraph num="(2)"> <text>On receipt of a notice of disagreement from a party, if the Agency determines that a genuine dispute exists regarding the proper interpretation of the order, the Agency shall:</text> <paragraph num="(a)"> <text>Refrain from making payment of plan benefits to the participant and the alternate payee as soon as practical;</text> </paragraph> <paragraph num="(b)"> <text>Request the parties to the order to:</text> <paragraph num="(i)"> <text>Obtain and submit an amended order in accordance with Regulation .06 of this chapter; or</text> </paragraph> <paragraph num="(ii)"> <text>Promptly file a consent agreement with the Agency; and</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Notify the parties that payment of plan benefits shall begin not earlier than the last day of the month following the month of receipt of the amended order or consent agreement.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Agency shall begin making payments of plan benefits to the participant and the alternate payee as provided in the consent agreement as soon as is practicable. Unless otherwise provided in the consent agreement, the payments shall be retroactive to the date the Agency ceased making payments to the participant and the alternate payee. Interest is not payable by the Agency with respect to any plan benefits that were not paid when due.</text> </paragraph> <paragraph num="(4)"> <text>If the Agency does not receive a consent agreement or an amended eligible domestic relations order within 3 months following receipt of a notice of disagreement from a party, the Agency shall administer the domestic relations order in accordance with the notice of administration.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The System, the Agency, and the Board of Trustees are not liable for any payment made to a party under an eligible domestic relations order in accordance with the Agency's notice of administration or the parties' consent agreement.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Rejection of Domestic Relations Order."> <paragraph num="A."> <text>The Agency shall reject a domestic relations order that is not an eligible domestic relations order.</text> </paragraph> <paragraph num="B."> <text>If the Agency rejects a domestic relations order, the Agency shall notify the participant and the alternate payee, in writing, that it has rejected the order and specify the reason or reasons for rejection of the order. The Agency shall provide a copy of this chapter with the rejection notice to the parties to the domestic relations order.</text> </paragraph> <paragraph num="C."> <text>The System, the Agency, and the Board of Trustees are not liable for payment of benefits to a person pursuant to a domestic relations order if the order is not an eligible domestic relations order.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Amendment or Modification of Order."> <paragraph num="A."> <text>The Agency does not have an obligation to determine if a domestic relations order has been amended or modified. If a court amends a domestic relations order, the participant or alternate payee shall submit the amended or modified order to the Agency.</text> </paragraph> <paragraph num="B."> <text>On receipt of the amended or modified order, the Agency shall:</text> <paragraph num="(1)"> <text>Determine whether the amended or modified order is an eligible domestic relations order; and</text> </paragraph> <paragraph num="(2)"> <text>Issue a notice of administration or reject the amended or modified domestic relations order as provided in Regulations .04 and .05 of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Formula for Computation of Plan Benefit."> <paragraph num="A."> <text>Parties to a domestic relations order may use a formula, including a marital share fraction, to determine the amount or percentage of a participant's plan benefit which is payable to an alternate payee if:</text> <paragraph num="(1)"> <text>The formula is expressed in a format that the Agency understands;</text> </paragraph> <paragraph num="(2)"> <text>The information necessary to compute the amount or percentage of the plan benefit payable to the alternate payee under the formula is:</text> <paragraph num="(a)"> <text>Expressly provided in the domestic relations order; or</text> </paragraph> <paragraph num="(b)"> <text>Readily ascertainable from data in the Agency's records at the time the plan benefit becomes payable;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Where the plan benefit is payable in regular installments, the formula does not require the Agency to recompute the amount or percentage of the plan benefit that is payable to the alternate payee after the first payment is made; and</text> </paragraph> <paragraph num="(4)"> <text>Where the formula refers to an amount of time, the formula is expressed in terms of months, and not years or days.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Agency shall recalculate a plan benefit payable under an eligible domestic relations order to the extent required each fiscal year under State Personnel and Pensions Article, Division II, Annotated Code of Maryland.</text> </paragraph> <paragraph num="C."> <text>In computing the number of months for purposes of a formula under this regulation, the Agency may not consider partial months in the total number of months.</text> </paragraph> <paragraph num="D."> <text>Domestic Relations Orders Which Contain Marital Share Fractions.</text> <paragraph num="(1)"> <text>If a domestic relations order contains a marital share fraction with a numerically specified numerator, and does not otherwise state how to divide the participant’s military service credit, projected service credit, purchased service credit, or unused sick leave credit, then the Agency shall:</text> <paragraph num="(a)"> <text>Include the participant’s military service credit and purchased service credit only in the marital share fraction’s denominator; and</text> </paragraph> <paragraph num="(b)"> <text>Exclude the participant’s projected service credit and unused sick leave credit from both the numerator and denominator of the marital share fraction.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If a domestic relations order contains a marital share fraction with a numerically unspecified numerator, and does not otherwise state how to divide the participant’s military service credit, projected service credit, purchased service credit, or unused sick leave credit, then the Agency shall:</text> <paragraph num="(a)"> <text>Include in the marital share fraction’s numerator only those months of the participant’s military service credit and purchased service credit based on the participant’s military service or employment that took place during the marital or other relevant time period;</text> </paragraph> <paragraph num="(b)"> <text>Include in the marital share fraction’s denominator the participant’s total months of military service credit and purchased service credit; and</text> </paragraph> <paragraph num="(c)"> <text>Exclude the participant’s projected service credit and unused sick leave credit from both the numerator and denominator of the marital share fraction.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Alternate Payee Responsibilities."> <text>An alternate payee shall promptly:</text> <paragraph num="A."> <text>Submit a certified or true-test copy of a domestic relations order and any modifications or amendments to the order to the Agency;</text> </paragraph> <paragraph num="B."> <text>Provide the following information to the Agency in writing contemporaneously with the submission of a domestic relations order:</text> <paragraph num="(1)"> <text>The Social Security numbers and dates of birth of the participant and the alternate payee; and</text> </paragraph> <paragraph num="(2)"> <text>The current address and current telephone number of the alternate payee;</text> </paragraph> </paragraph> <paragraph num="C."> <text>Submit documentation to verify the alternate payee’s date of birth in accordance with COMAR 22.01.05;</text> </paragraph> <paragraph num="D."> <text>When an alternate payee becomes eligible to receive a monthly allowance, properly complete an electronic fund transfer sign-up form and file it with the Agency in accordance with COMAR 22.01.06;</text> </paragraph> <paragraph num="E."> <text>Notify the Agency in writing of:</text> <paragraph num="(1)"> <text>Any change of the alternate payee’s name, address, or telephone number; or</text> </paragraph> <paragraph num="(2)"> <text>The death of the participant; and</text> </paragraph> </paragraph> <paragraph num="F."> <text>Comply with all reasonable requests from the Agency for information and documentation necessary for processing payment of all or any portion of a participant's plan benefit to the alternate payee.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Participant Responsibilities."> <paragraph num="A."> <text>A participant shall promptly:</text> <paragraph num="(1)"> <text>Notify the Agency in writing of:</text> <paragraph num="(a)"> <text>Any change of the participant’s name, address, or telephone number; or</text> </paragraph> <paragraph num="(b)"> <text>The death of the alternate payee;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Comply with all reasonable requests from the Agency for information and documentation necessary for processing payment of all or any portion of a participant's plan benefit to the alternate payee; and</text> </paragraph> <paragraph num="(3)"> <text>Submit any applications or forms required by the Agency to effectuate any provision of the domestic relations order.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If the participant takes any action in contravention of an eligible domestic relations order, the participant, and not the Agency, shall bear the sole and exclusive liability for the action.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Compliance with 26 U.S.C. §414(p) for Eligible Domestic Relations Orders."> <paragraph num="A."> <text>An eligible domestic relations order does not include a qualified domestic relations order as defined in the Employees' Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986.</text> </paragraph> <paragraph num="B."> <text>Nothing in §A of this regulation modifies the definition of eligible domestic relations order or the requirements of Regulation .03B of this chapter.</text> </paragraph> <paragraph num="C."> <text>For the limited purpose of minimum distributions, taxation, and rollovers, benefits payable pursuant to an eligible domestic relations order shall be subject to and shall comply with 26 U.S.C. §414(p).</text> </paragraph> </regulation> <annotations> <annotation type="Authority">State Personnel and Pensions Article, §§21-110, 21-502, and 21-603, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1996 (22:26 Md. R. 2031)</annotation> <annotation type="History" subtype="Administrative History">Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 11, 2004 (31:20 Md. R. 1486)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective August 4, 2014 (41:15 Md. R. 892); February 11, 2019 (46:3 Md. R. 108)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective August 4, 2014 (41:15 Md. R. 892)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective November 23, 2015 (42:23 Md. R. 1434); February 11, 2019 (46:3 Md. R. 108)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03E amended effective February 11, 2019 (46:3 Md. R. 108)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C amended effective August 4, 2014 (41:15 Md. R. 892)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective February 11, 2019 (46:3 Md. R. 108)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05C adopted effective August 4, 2014 (41:15 Md. R. 892)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective August 4, 2014 (41:15 Md. R. 892)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07A amended effective February 11, 2019 (46:3 Md. R. 108)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07D adopted effective February 11, 2019 (46:3 Md. R. 108)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08 amended effective August 4, 2014 (41:15 Md. R. 892)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09A amended effective August 4, 2014 (41:15 Md. R. 892)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10 adopted effective March 23, 2009 (36:6 Md. R. 492)</annotation> </annotations> </chapter> <chapter num="04" heading="Average Final Compensation"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter does not apply to the Judges' Retirement System or the Legislative Pension Plan.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Average Final Compensation — Retirement Systems."> <paragraph num="A."> <text>This regulation applies only to the Correctional Officers' Retirement System, the Employees' Retirement System, the State Police Retirement System, and the Teachers' Retirement System.</text> </paragraph> <paragraph num="B."> <text>Except as provided in §§D and E of this regulation, the average final compensation of a member who became a member before July 1, 2011 equals the average annual earnable compensation of the member, adjusted as provided in Regulation .04 of this chapter, for the:</text> <paragraph num="(1)"> <text>3 years of employment as a member during which the member's earnable compensation was highest, if the member was employed at least 3 years as a member; or</text> </paragraph> <paragraph num="(2)"> <text>Member's total period of employment, if the member was employed less than 3 years as a member.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Except as provided in §§D and F of this regulation, the average final</text> <paragraph num="(1)"> <text>5 years of employment as a member during which the member’s earnable compensation was highest, if the member was employed at least 5 years as a member; or</text> </paragraph> <paragraph num="(2)"> <text>Member’s total period of employment, if the member was employed less than 5 years as a member.</text> </paragraph> </paragraph> <paragraph num="D."> <text>An increase of more than 20 percent to a member’s average annual earnable compensation in any one of the last 3 years of employment for a member who became a member before July 1, 2011, or in any one of the last 5 years of employment for a member who became a member on or after July 1, 2011, is an extraordinary salary increase that is not included in determining the member’s average final compensation unless:</text> <paragraph num="(1)"> <text>The increase is the result of the member’s:</text> <paragraph num="(a)"> <text>Promotion by the member’s employer; or</text> </paragraph> <paragraph num="(b)"> <text>Appointment or election to a public office;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Including the increase when determining the member’s average final compensation would increase the member’s allowance by $25 or less per month; or</text> </paragraph> <paragraph num="(3)"> <text>The Board of Trustees determines that the increase is not an extraordinary salary increase in accordance with Regulation .05 of this chapter.</text> </paragraph> </paragraph> <paragraph num="E."> <text>If a member of the State Police Retirement System who became a member before July 1, 2011 and who transferred from another actuarial retirement system in the State retires after less than 3 years of employment as a member of the State Police Retirement System, the member’s earnable compensation in the other system shall be used to determine the member’s average final compensation.</text> </paragraph> <paragraph num="F."> <text>If a member of the State Police Retirement System who became a member on or after July 1, 2011 and who transferred from another actuarial retirement system in the State retires after less than 5 years of employment as a member of the State Police Retirement System, the member’s earnable compensation in the other system shall be used to determine the member’s average final compensation.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Average Final Compensation — Pension Systems."> <paragraph num="A."> <text>This regulation applies only to the Employees’ Pension System, the Local Fire and Police System, the Law Enforcement Officers’ Pension System, and the Teachers’ Pension System.</text> </paragraph> <paragraph num="B."> <text>Except as provided in §D of this regulation, for the purpose of computing benefits under State Personnel and Pensions Article, Division II, Annotated Code of Maryland, the average final compensation of a member who became a member before July 1, 2011 equals the average annual earnable compensation of the member, adjusted as provided in Regulation .04 of this chapter, for the:</text> <paragraph num="(1)"> <text>3 consecutive years that provide the highest average earnable compensation; or</text> </paragraph> <paragraph num="(2)"> <text>Member's total period of employment, if the member was employed less than 3 years as a member.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Except as provided in §D of this regulation, for the purpose of computing benefits under State Personnel and Pensions Article, Division II, Annotated Code Maryland, the average final compensation of a member who became a member on or after July 1, 2011 equals the average annual earnable compensation of the member, adjusted as provided in Regulation .04 of this chapter, for the:</text> <paragraph num="(1)"> <text>5 consecutive years that provide the highest average earnable compensation; or</text> </paragraph> <paragraph num="(2)"> <text>Member’s total period of employment, if the member was employed less than 5 years as a member.</text> </paragraph> </paragraph> <paragraph num="D."> <text>An increase of more than 20 percent to a member’s average annual earnable compensation in any one of the last 3 years of employment for a member who became a member before July 1, 2011, or</text> <paragraph num="(1)"> <text>The increase is the result of the member’s:</text> <paragraph num="(a)"> <text>Promotion by the member’s employer; or</text> </paragraph> <paragraph num="(b)"> <text>Appointment or election to a public office;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Including the increase when determining the member’s average final compensation would increase the member’s allowance by $25 or less per month; or</text> </paragraph> <paragraph num="(3)"> <text>The Board of Trustees determines that the increase is not an extraordinary salary increase in accordance with Regulation .05 of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Adjustment to Earnable Compensation."> <paragraph num="A."> <text>The Board of Trustees shall adjust the member’s annual earnable compensation if, during the time period included in the computation of average final compensation, the member:</text> <paragraph num="(1)"> <text>Was on a qualifying leave of absence; and</text> </paragraph> <paragraph num="(2)"> <text>Received eligibility service credit as provided in COMAR 22.05.01.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Part-time Employment.</text> <paragraph num="(1)"> <text>This section applies only to a member of the Employees’ Pension System, the Local Fire and Police System, the Law Enforcement Officers’ Pension System, or the Teachers’ Pension System whose eligibility service has been adjusted under State Personnel and Pensions Article, Division II, Annotated Code of Maryland to compute creditable service on the basis of the member having completed less than the normal hours of service for the member’s position.</text> </paragraph> <paragraph num="(2)"> <text>The Board of Trustees shall adjust the member’s annual earnable compensation to a full-time basis for any time period included in the computation of average final compensation.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Extraordinary Salary Increase — Board of Trustees' Determination."> <paragraph num="A."> <text>Retirement Agency’s Report and Notice.</text> <paragraph num="(1)"> <text>The Retirement Agency shall issue a preliminary report that includes the following information:</text> <paragraph num="(a)"> <text>The name of each member that the Retirement Agency has preliminarily determined to have received an extraordinary salary increase;</text> </paragraph> <paragraph num="(b)"> <text>The name of the member’s employer;</text> </paragraph> <paragraph num="(c)"> <text>The amount of the increase in the member’s average annual earnable compensation;</text> </paragraph> <paragraph num="(d)"> <text>The reason or reasons for the increase; and</text> </paragraph> <paragraph num="(e)"> <text>A comparison of the member’s allowance calculated with and without inclusion of the extraordinary salary increase in the member’s annual final compensation.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Retirement Agency shall send to each member listed in the report written notice of:</text> <paragraph num="(a)"> <text>The Agency’s determination that the member has received an extraordinary salary increase;</text> </paragraph> <paragraph num="(b)"> <text>A comparison of the member’s average final compensation and resulting allowance amount calculated with and without inclusion of the extraordinary salary increase;</text> </paragraph> <paragraph num="(c)"> <text>The employer’s stated reason or reasons for the increase; and</text> </paragraph> <paragraph num="(d)"> <text>A statement of the member’s right to file with the Executive Director a written statement of the reasons why the member believes the determination that the member received an extraordinary salary increase is incorrect.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Board of Trustees Determination.</text> <paragraph num="(1)"> <text>The Executive Director shall submit to the Board of Trustees:</text> <paragraph num="(a)"> <text>Each report issued pursuant to §A(1) of this regulation; and</text> </paragraph> <paragraph num="(b)"> <text>A copy of a written statement filed by a member pursuant to §A(2)(d) of this regulation.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Following review of the Retirement Agency’s report and any written statement filed by a member, a majority of the Board of Trustees shall determine whether each member received an extraordinary salary increase.</text> </paragraph> <paragraph num="(3)"> <text>As soon as practicable after the meeting of the Board of Trustees, the Secretary to the Board of Trustees shall send each member listed on the Retirement Agency’s report written notice of the Board of Trustees’ decision and, if the decision is adverse to the member, of the member’s right to submit a petition for a hearing under COMAR 22.03.04.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">State Personnel and Pensions Article, §§20-204, 20-205, 20-205.1, and 21-110, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1996 (22:26 Md. R. 2031)</annotation> <annotation type="History" subtype="Administrative History">Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective February 11, 2019 (46:3 Md. R. 108)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective February 11, 2019 (46:3 Md. R. 108)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective February 11, 2019 (46:3 Md. R. 108)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective February 11, 2019 (46:3 Md. R. 108)</annotation> </annotations> </chapter> <chapter num="05" heading="Proof of Date of Birth"> <regulation prefix="Regulation" num=".01" heading="Definition."> <text>In this chapter, “alternate payee” means a former spouse named in an eligible domestic relations order that the Retirement Agency has accepted for administration pursuant to a notice of administration issued in accordance with State Personnel and Pensions Article, §21-502, Annotated Code of Maryland, and COMAR 22.01.03.04.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Proof of Birth."> <paragraph num="A."> <text>Individuals Required to Submit Proof of Birth.</text> <paragraph num="(1)"> <text>When an individual enrolls as a member of a State system, the individual shall submit documentation to verify the individual's date of birth to the Retirement Agency.</text> </paragraph> <paragraph num="(2)"> <text>On the request of the Retirement Agency, an individual who applies for an allowance shall submit documentation to verify the individual’s date of birth and the date of birth of any designated beneficiaries.</text> </paragraph> <paragraph num="(3)"> <text>On the request of the Retirement Agency, a participant or alternate payee who is or may become eligible to receive a benefit of any type under State Personnel and Pensions Article, Division II, Annotated Code of Maryland, shall submit documentation to the Retirement Agency to verify the individual’s date of birth.</text> </paragraph> </paragraph> <paragraph num="B."> <text>An individual who is a United States citizen shall submit any one of the following documents to verify the individual’s date of birth:</text> <paragraph num="(1)"> <text>Birth certificate;</text> </paragraph> <paragraph num="(2)"> <text>Adoption record;</text> </paragraph> <paragraph num="(3)"> <text>Statement of age card from the county health department or United States Bureau of Vital Statistics;</text> </paragraph> <paragraph num="(4)"> <text>United States passport;</text> </paragraph> <paragraph num="(5)"> <text>Naturalization records;</text> </paragraph> <paragraph num="(6)"> <text>Census record from the United States Bureau of the Census;</text> </paragraph> <paragraph num="(7)"> <text>Military documentation from any branch of the United States Armed Forces;</text> </paragraph> <paragraph num="(8)"> <text>Hospital birth record, certified by the custodian of the record;</text> </paragraph> <paragraph num="(9)"> <text>Unexpired driver's license; or</text> </paragraph> <paragraph num="(10)"> <text>Unexpired Maryland Identification Card issued by the Maryland State Motor Vehicle Administration.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An individual who is not a United State citizen shall submit a permanent resident card to verify the individual’s date of birth.</text> </paragraph> <paragraph num="D."> <text>The Retirement Agency shall accept a photostatic or electronically imaged copy of any one of the documents listed in §B or C of this regulation, but reserves the right to require the individual to submit the original document from which the copy was made.</text> </paragraph> <paragraph num="E."> <text>If an individual cannot obtain any of the documents listed in §B or C of this regulation, the Retirement Agency may determine an alternate form of documentation to verify the individual’s date of birth.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">State Personnel and Pensions Article, § 21-110, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1996 (22:26 Md. R. 2031)</annotation> <annotation type="History" subtype="Administrative History">Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.</annotation> <annotation type="History" subtype="Administrative History">Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the Administrative Histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 repealed and new Regulation .01 adopted effective February 11, 2019 (46:3 Md. R. 109)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective February 11, 2019 (46:3 Md. R. 109); July 21, 2025 (52:14 Md. R. 713)</annotation> </annotations> </chapter> <chapter num="06" heading="Payment of Benefits"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following words have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Alternate payee” means a former spouse named in an eligible domestic relations order that the Retirement Agency has accepted for administration pursuant to a notice of administration issued in accordance with State Personnel and Pensions Article, §21-502, Annotated Code of Maryland, and COMAR 22.01.03.04.</text> </paragraph> <paragraph num="(2)"> <text>“Participant” has the meaning set forth in COMAR 22.01.01.01B.</text> </paragraph> <paragraph num="(3)"> <text>“Payee” means a participant or alternate payee.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Electronic Fund Transfer."> <paragraph num="A."> <text>Except as provided in Regulation .04 of this chapter, the Retirement Agency shall pay the allowance of a payee by electronic fund transfer to the institution designated by the payee as provided in this regulation.</text> </paragraph> <paragraph num="B."> <text>A payee shall properly complete the electronic fund transfer sign-up form provided by the Retirement Agency and file it with the Retirement Agency.</text> </paragraph> <paragraph num="C."> <text>The Retirement Agency shall accept the electronic fund transfer sign-up form filed by a payee if:</text> <paragraph num="(1)"> <text>The form has been properly completed in accordance with the form’s instructions;</text> </paragraph> <paragraph num="(2)"> <text>The institution named by the payee on the form participates in the Automated Clearing House Network;</text> </paragraph> <paragraph num="(3)"> <text>Not more than five payees share the same account number at the institution; and</text> </paragraph> <paragraph num="(4)"> <text>The Retirement Agency deems the form acceptable.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The Executive Director, or the Executive Director’s designee, may waive the requirement of §C(3) of this regulation upon written request by a payee and for good cause shown. Determination of a waiver request is not a contested case under State Government Article, §10-202, Annotated Code of Maryland, for which a hearing is required under COMAR 22.03.04.</text> </paragraph> <paragraph num="E."> <text>At any time while receiving an allowance, a payee may change the designated institution by properly completing a new electronic fund transfer sign-up form and submitting the form to the Retirement Agency.</text> </paragraph> <paragraph num="F."> <text>The last electronic fund transfer sign-up form filed by a payee and accepted by the Retirement Agency shall control the electronic fund transfer of the payee’s monthly allowance.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Electronic Fund Transfer Procedures."> <paragraph num="A."> <text>The Retirement Agency shall transmit a payee’s monthly allowance to the institution designated by the payee as set forth in Regulation .02 of this chapter.</text> </paragraph> <paragraph num="B."> <text>The Retirement Agency shall give each payee who receives an allowance through electronic fund transfer an advice statement at least once per calendar year. The advice statement shall reflect the following:</text> <paragraph num="(1)"> <text>The total amount of the monthly allowance;</text> </paragraph> <paragraph num="(2)"> <text>Any amounts deducted from the monthly allowance; and</text> </paragraph> <paragraph num="(3)"> <text>The portion of the monthly allowance electronically transferred.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Payment of Allowance by Check."> <paragraph num="A."> <text>A payee may request payment of an allowance by check instead of an electronic fund transfer.</text> </paragraph> <paragraph num="B."> <text>The request shall be in writing to the Executive Director and describe the hardship created by the electronic fund transfer of the payee’s monthly allowance. The payee may submit documentation to support the hardship with the request to the Executive Director.</text> </paragraph> <paragraph num="C."> <text>The Executive Director or the Executive Director’s designee may grant the request on a temporary or indefinite basis and allow payment of the monthly allowance by check if the payee:</text> <paragraph num="(1)"> <text>Lives outside the United States;</text> </paragraph> <paragraph num="(2)"> <text>Maintains a bank account with a financial institution that is not a member of the Automated Clearing House Network;</text> </paragraph> <paragraph num="(3)"> <text>Receives less than a $250 net monthly allowance;</text> </paragraph> <paragraph num="(4)"> <text>Is of an advanced age, has a disability, or both, affecting the payee’s ability to maintain or access a bank account, or both;</text> </paragraph> <paragraph num="(5)"> <text>Resides in a remote geographic location lacking the infrastructure to support electronic fund transfer;</text> </paragraph> <paragraph num="(6)"> <text>Has been denied the opportunity to open or maintain a banking account; or</text> </paragraph> <paragraph num="(7)"> <text>Demonstrates that circumstances exist that would create a hardship if the payee is required to receive an allowance by electronic funds transfer.</text> </paragraph> </paragraph> <paragraph num="D."> <text>If the Executive Director or the Executive Director’s designee grants the request for payment by check, the Retirement Agency may require the payee to periodically submit documentation demonstrating the continued necessity for payment by check. If the Executive Director or Executive Director’s designee determines that a hardship no longer exists, the Retirement Agency may require the payee to complete and submit an electronic fund transfer sign-up form, in accordance with Regulation .02 of this chapter.</text> </paragraph> <paragraph num="E."> <text>If the Executive Director or the Executive Director’s designee denies the request for payment by check, and the payee fails to complete the electronic fund transfer sign-up form, the Retirement Agency may suspend payment of the payee’s allowance in accordance with Regulation .05 of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Suspension of Payment."> <paragraph num="A."> <text>The Retirement Agency may suspend payment of a payee’s benefit of any type for reasons including, but not limited to, the following:</text> <paragraph num="(1)"> <text>The payee fails to submit a properly completed electronic fund transfer sign-up form required for a monthly allowance;</text> </paragraph> <paragraph num="(2)"> <text>The payee fails to provide a current mailing address;</text> </paragraph> <paragraph num="(3)"> <text>The payee fails to return a properly completed verification form required to confirm receipt of a monthly allowance;</text> </paragraph> <paragraph num="(4)"> <text>The Retirement Agency receives conflicting payment instructions;</text> </paragraph> <paragraph num="(5)"> <text>The Retirement Agency has reason to believe the payee is a “vulnerable adult” being subject to “exploitation”, as those terms are defined by Family Law Article, §14-101, Annotated Code of Maryland;</text> </paragraph> <paragraph num="(6)"> <text>The Retirement Agency has reason to believe the payee is no longer living; or</text> </paragraph> <paragraph num="(7)"> <text>The Retirement Agency has reason to believe that it has received false or fraudulent information.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Retirement Agency shall notify the payee at the last address on file of a suspension of payment and provide instructions on actions required to resume payment. All properly due benefits held in suspension are payable to the payee upon reinstatement of the benefits.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Deductions from Allowance."> <paragraph num="A."> <text>A retiree may elect to have the Retirement Agency deduct from the retiree’s allowance and pay for the retiree:</text> <paragraph num="(1)"> <text>Dues for a retiree or employee organization that the Executive Director has approved to receive deductions;</text> </paragraph> <paragraph num="(2)"> <text>To the extent approved by the Executive Director, payments to the State Employees’ Credit Union of Maryland, Inc.;</text> </paragraph> <paragraph num="(3)"> <text>To the extent approved by the Executive Director, all or part of a premium for:</text> <paragraph num="(a)"> <text>Insurance offered through an employee organization; or</text> </paragraph> <paragraph num="(b)"> <text>State-approved or locally approved insurance for retirees; or</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If approved by the Executive Director, charitable contributions in connection with the Maryland Charity Campaign conducted by the Secretary of State.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Information Sharing with Entities Receiving Deductions.</text> <paragraph num="(1)"> <text>In connection with any deductions authorized under §A of this regulation, the Retirement Agency will exchange with an entity receiving deductions information, which in the Executive Director’s sole discretion is reasonably necessary, in order to conduct and reconcile the deductions, including the retiree’s name, the retiree’s Social Security number or other identification number, and the deduction amounts.</text> </paragraph> <paragraph num="(2)"> <text>On request by the Retirement Agency, an entity that receives retiree deductions shall enter into a nondisclosure agreement in the format required by the Retirement Agency requiring the entity to maintain specified security procedures and practices with respect to the information it receives in connection with the deductions.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">State Personnel and Pensions Article, §§21-110 and 21-501, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1996 (22:26 Md. R. 2031)</annotation> <annotation type="History" subtype="Administrative History">Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the Administrative Histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 repealed effective August 4, 2003 (30:15 Md. R. 993)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective October 15, 2012 (39:20 Md. R. 1309)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective March 10, 1997 (24:5 Md. R. 413)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C amended effective October 15, 2012 (39:20 Md. R. 1309)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C, D amended effective December 11, 2003 (30:24 Md. R. 1745)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective November 23, 2015 (42:23 Md. R. 1435)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 7, 2019 (46:20 Md. R. 847)</annotation> </annotations> </chapter> <chapter num="07" heading="Designation of Beneficiary"> <regulation prefix="Regulation" num=".01" heading="Definition."> <text>“Survivor benefit” means a benefit payable under State Personnel and Pensions Article, Division II, Annotated Code of Maryland, on the death of a member, former member, or retiree.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Designation of Beneficiary Form."> <paragraph num="A."> <text>Completion and Filing of Designation of Beneficiary Form.</text> <paragraph num="(1)"> <text>A member, former member, or retiree may designate a beneficiary to receive a survivor benefit by properly completing the appropriate form that the Retirement Agency provides and filing it with the Retirement Agency.</text> </paragraph> <paragraph num="(2)"> <text>A designation of beneficiary form is properly completed if it is completed in accordance with the form’s instructions, dated, signed by the member, former member, or retiree, and properly acknowledged by a notary public.</text> </paragraph> <paragraph num="(3)"> <text>Filing a Designation of Beneficiary Form.</text> <paragraph num="(a)"> <text>A designation of beneficiary form is filed on the date that it is received by the Retirement Agency.</text> </paragraph> <paragraph num="(b)"> <text>A designation of beneficiary form is not considered filed if it is submitted to the employing agency of a member, former member, or retiree.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Designation of Multiple Beneficiaries.</text> <paragraph num="(1)"> <text>Except as provided in §B(2) of this regulation, a member, former member, or retiree may designate multiple beneficiaries on the designation of beneficiary form to receive the survivor benefit in equal shares.</text> </paragraph> <paragraph num="(2)"> <text>Subject to State Personnel and Pensions Article, §21-402(b)(2), Annotated Code of Maryland, for an optional form of allowance providing for payment to a designated beneficiary for life, a retiree may designate only one individual.</text> </paragraph> </paragraph> <paragraph num="C."> <text>On the death of a member, former member, or retiree, the Retirement Agency shall use the last designation of beneficiary form properly completed and filed with the Retirement Agency by the member, former member, or retiree on or before the date of death to ascertain who is entitled to receive the survivor benefit.</text> </paragraph> <paragraph num="D."> <text>The Board of Trustees is not liable for an improper payment if the Board of Trustees pays the survivor benefit in accordance with the last designation of beneficiary form filed on or before the date of death of the member, former member, or retiree.</text> </paragraph> <paragraph num="E."> <text>Change of Designation of Beneficiary Form.</text> <paragraph num="(1)"> <text>Except as provided in §E(2) of this regulation, a member, former member, or retiree may change the designation of beneficiary at any time before the death of the member, former member, or retiree.</text> </paragraph> <paragraph num="(2)"> <text>Change of Designation of Beneficiary by Retiree Under Optional Forms of Allowance 2, 3, 5, or 6.</text> <paragraph num="(a)"> <text>This subsection applies only to a retiree who elected an optional form of allowance providing for payment to a designated beneficiary for life.</text> </paragraph> <paragraph num="(b)"> <text>Before a retiree may change the retiree’s designated beneficiary, the retiree shall first request a recalculation of the amount of the retiree’s allowance based on the new proposed beneficiary.</text> </paragraph> <paragraph num="(c)"> <text>The submission of a request for recalculation pursuant to §E(2)(b) of this regulation does not change the retiree’s designation of beneficiary.</text> </paragraph> <paragraph num="(d)"> <text>Upon receipt of a request for recalculation pursuant to §E(2)(b) of this regulation, the Retirement Agency will provide the retiree with the following:</text> <paragraph num="(i)"> <text>A written estimate of the retiree’s recalculated allowance based on the new proposed beneficiary; and</text> </paragraph> <paragraph num="(ii)"> <text>A form that may be used by the retiree to change the retiree’s designation of beneficiary to the new proposed beneficiary.</text> </paragraph> </paragraph> <paragraph num="(e)"> <text>A retiree may not change the retiree’s designated beneficiary until after receipt of the items specified in §E(2)(d) of this regulation.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Designation of Minor Beneficiary."> <paragraph num="A."> <text>This regulation applies only if a designated beneficiary is not 18 years old or older at the time of payment of the survivor benefit.</text> </paragraph> <paragraph num="B."> <text>The Retirement Agency shall pay the survivor benefit for the benefit of the designated beneficiary to the guardian of the property of the minor beneficiary who is appointed by a court in accordance with Estates and Trusts Article, Title 13, Subtitle 2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="C."> <text>If a guardian of the property has not been appointed by a court in accordance with the Estates and Trusts Article, Title 13, Subtitle 2, Annotated Code of Maryland, the Retirement Agency shall pay the survivor benefit for the benefit of the designated beneficiary in the following order:</text> <paragraph num="(1)"> <text>If the individual named a custodian under the Maryland Uniform Transfers to Minors Act, Estates and Trusts Article, Title 13, Subtitle 3, Annotated Code of Maryland, to receive the survivor benefit for each minor beneficiary on the designation of beneficiary form, to the named custodian for the designated minor;</text> </paragraph> <paragraph num="(2)"> <text>If the individual named a custodian or trustee to hold property for the benefit of the minor beneficiary under a will or trust on the designation of beneficiary form, to the named custodian or trustee;</text> </paragraph> <paragraph num="(3)"> <text>If the individual did not name a custodian or trustee as provided in §C(1) or (2) of this regulation, to an adult as custodian for the benefit of the minor beneficiary under the Maryland Uniform Transfers to Minors Act, Estates and Trusts Article, Title 13, Subtitle 3, Annotated Code of Maryland, if the:</text> <paragraph num="(a)"> <text>Survivor benefit payable to the minor beneficiary is less than $10,000; and</text> </paragraph> <paragraph num="(b)"> <text>Executive Director considers a transfer to an adult as custodian for the benefit of the minor beneficiary under the Maryland Uniform Transfers to Minors Act to be in the best interest of the minor; or</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>If the criteria specified in §C(3)(a) or (b) of this regulation are not satisfied, the Retirement Agency shall pay the survivor benefit only to a guardian of the property of the minor beneficiary who is appointed by a court in accordance with the Estates and Trusts Article, Title 13, Subtitle 2, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="No Designated Beneficiary."> <text>Upon the death of a member, former member, or retiree, the Board of Trustees shall pay any survivor benefit to the estate of the member, former member or retiree if:</text> <paragraph num="A."> <text>The member, former member, or retiree did not properly complete and file a designation of beneficiary form; or</text> </paragraph> <paragraph num="B."> <text>Each designated beneficiary has predeceased the member, former member, or retiree.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">State Personnel and Pensions Article, §21-110; Title 21, Subtitle 4;and Title 29, Subtitle 2; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1996 (22:26 Md. R. 2031)</annotation> <annotation type="History" subtype="Administrative History">Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective June 13, 2011 (38:12 Md. R. 707)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective February 11, 2019 (46:3 Md. R. 109)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective February 11, 2019 (46:3 Md. R. 109)</annotation> </annotations> </chapter> <chapter num="08" heading="Refund of Accumulated Contributions"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter establishes procedures for the refund of the accumulated contributions of each member or former member of a State system who separated from employment for a reason other than death or retirement.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Application for Withdrawal of Accumulated Contributions."> <paragraph num="A."> <text>A member or former member who has separated from employment with a participating employer for a reason other than death or retirement and is not employed by any other participating employer may request a refund of accumulated contributions by properly completing the appropriate form that the Retirement Agency provides and filing it with the Retirement Agency.</text> </paragraph> <paragraph num="B."> <text>A form to request a refund of accumulated contributions is properly completed if it is completed in accordance with the form’s instructions and signed and dated by the member or former member.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Refund of Accumulated Contributions."> <paragraph num="A."> <text>The Retirement Agency shall pay an applicant the accumulated contributions of the applicant within a reasonable time after receipt by the Retirement Agency of a properly completed application for refund form.</text> </paragraph> <paragraph num="B."> <text>If an applicant files a photocopy, electronically transmitted copy, or facsimile copy of the application for refund form with the Retirement Agency, the applicant shall retain any original to provide to the Retirement Agency at the request of the Retirement Agency.</text> </paragraph> <paragraph num="C."> <text>When requesting a refund of accumulated contributions, an applicant may request to have all or a portion of the refund that constitutes an eligible rollover distribution paid to an eligible retirement plan in a direct rollover in accordance with State Personnel and Pensions Article, Title 21, Subtitle 6, Annotated Code of Maryland and COMAR 22.07.02.05.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">State Personnel and Pensions Article, §§21-110, 21-603, 29-501, and 29-502, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1996 (22:26 Md. R. 2031)</annotation> <annotation type="History" subtype="Administrative History">Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective February 11, 2019 (46:3 Md. R. 109)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective February 11, 2019 (46:3 Md. R. 109)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective February 11, 2019 (46:3 Md. R. 109)</annotation> </annotations> </chapter> <chapter num="09" heading="Interest — Annuity Savings Fund"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Member” means a member or vested former member of a State system.</text> </paragraph> <paragraph num="(2)"> <text>“Regular interest” means interest at the rate payable on accumulated contributions as provided under State Personnel and Pensions Article, Division II, Annotated Code of Maryland, for each State system.</text> </paragraph> <paragraph num="(3)"> <text>Retirement.</text> <paragraph num="(a)"> <text>“Retirement” means the grant of a retirement allowance under State Personnel and Pensions Article, Division II, Annotated Code of Maryland, after separation from employment with a participating employer.</text> </paragraph> <paragraph num="(b)"> <text>“Retirement” includes the grant of a vested allowance under State Personnel and Pensions Article, Title 29, Subtitle 3, Annotated Code of Maryland.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Crediting Interest."> <paragraph num="A."> <text>Except as provided in §B or C of this regulation, the Retirement Agency shall credit regular interest to each member’s individual account in the annuity savings fund of the appropriate State system on June 30 of each fiscal year in an amount equal to the sum of:</text> <paragraph num="(1)"> <text>1/2 of the regular interest multiplied by the balance of the member's individual account at the beginning of the fiscal year; and</text> </paragraph> <paragraph num="(2)"> <text>1/2 of the regular interest multiplied by the balance of the member’s individual account at the earlier of the end of the fiscal year or the last day of the month in which membership ends.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Regular Interest on Retirement or Refund of Member’s Accumulated Contributions.</text> <paragraph num="(1)"> <text>In the fiscal year of a member’s retirement, the Retirement Agency shall credit regular interest on the balance of the member’s individual account in the annuity savings fund during the period:</text> <paragraph num="(a)"> <text>Beginning on July 1 of the fiscal year in which the member retires; and</text> </paragraph> <paragraph num="(b)"> <text>Ending on the day preceding the member’s date of retirement.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>For a refund of a member’s accumulated contributions to a member, the Retirement Agency shall credit regular interest on the balance of the member’s individual account in the annuity savings fund during the period:</text> <paragraph num="(a)"> <text>Beginning on July 1 of the fiscal year in which the member retires; and</text> </paragraph> <paragraph num="(b)"> <text>Ending on the date of payment.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Regular Interest on the Death of a Member.</text> <paragraph num="(1)"> <text>Scope. This section applies only to the regular interest payable on a deceased member's accumulated contributions held by the Retirement Agency in the deceased member's individual account in the annuity savings fund. Interest does not accrue on any other amounts payable by the Retirement Agency on the death of a member.</text> </paragraph> <paragraph num="(2)"> <text>On the death of a member, the Retirement Agency shall credit regular interest on the balance of the deceased member’s individual account in the annuity savings fund during the period:</text> <paragraph num="(a)"> <text>Beginning on July 1 of the fiscal year; and</text> </paragraph> <paragraph num="(b)"> <text>Ending on the date of death.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Regular Interest on Member Contributions.</text> <paragraph num="(1)"> <text>Except as provided in §D(2) of this regulation, interest shall be paid on member contributions after membership ends only if a former member is eligible to receive a vested allowance under State Personnel and Pensions Article, Title 29, Subtitle 3, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>Regular Interest on Reenrollment of Certain Nonvested Former Members.</text> <paragraph num="(a)"> <text>This subsection applies to a former member who is not eligible to receive a vested allowance but is eligible to resume receipt of regular interest under provisions of the State Personnel and Pensions Article, §23-213(c), Annotated Code of Maryland, or a similar provision.</text> </paragraph> <paragraph num="(b)"> <text>The Retirement Agency shall credit regular interest to the nonvested former member’s account in the annuity savings fund of the appropriate State system on June 30 of each fiscal year in an amount equal to the sum of:</text> <paragraph num="(i)"> <text>1/2 of the regular interest multiplied by the balance of the nonvested former member’s individual account at the date of reenrollment; and</text> </paragraph> <paragraph num="(ii)"> <text>1/2 of the regular interest multiplied by the balance of the nonvested former member’s individual account at the earlier of the end of the fiscal year, or the last day of the calendar month in which employment ends.</text> </paragraph> </paragraph> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">State Personnel and Pensions Article, §§21-110, 21-311, 22-215, 23-213, 24-206, 25-204, 26-205, 27-203, and 28-205, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1996 (22:26 Md. R. 2031)</annotation> <annotation type="History" subtype="Administrative History">Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the Administrative Histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective November 18, 2019 (46:23 Md. R. 1067)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective November 18, 2019 (46:23 Md. R. 1067)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 repealed effective November 18, 2019 (46:23 Md. R. 1067)</annotation> </annotations> </chapter> <chapter num="10" heading="Transfer of Membership to the Pension System" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1996 (22:26 Md. R. 2031)</annotation> <annotation type="History" subtype="Administrative History">Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the Administrative Histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.</annotation> <annotation type="History" subtype="Administrative History">Chapter repealed effective October 7, 2019 (46:20 Md. R. 847)</annotation> </annotations> </chapter> <chapter num="11" heading="Employment of a Retiree by a Participating Employer"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Allowance” means a disability retirement allowance, service retirement allowance, or vested allowance.</text> </paragraph> <paragraph num="(2)"> <text>“Earnable compensation” has the meaning stated in COMAR 22.01.01.01B(5).</text> </paragraph> <paragraph num="(3)"> <text>“Earnings” means the earnable compensation received by a retiree in a calendar year.</text> </paragraph> <paragraph num="(4)"> <text>“Earnings limitation” means the annual amount that a retiree may earn in certain types of re-employment during certain periods of time after retirement, as specified by law, before the retiree’s allowance is subject to a reduction.</text> </paragraph> <paragraph num="(5)"> <text>Effective Date of Retirement.</text> <paragraph num="(a)"> <text>“Effective date of retirement”, except as provided in §B(5)(b) of this regulation, means the first day of the month in which a retiree commences receipt of an allowance.</text> </paragraph> <paragraph num="(b)"> <text>“Effective date of retirement”, for the Judges’ Retirement System, means the first day in which a retiree commences receipt of an allowance.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>“Gross annual compensation” means the total compensation paid in a calendar year, before any deductions are taken.</text> </paragraph> <paragraph num="(7)"> <text>“Retiree” means an individual who has separated from employment with a participating employer and receives an allowance.</text> </paragraph> <paragraph num="(8)"> <text>Retirement.</text> <paragraph num="(a)"> <text>“Retirement” means the commencement of an allowance after separation from employment with a participating employer.</text> </paragraph> <paragraph num="(b)"> <text>“Retirement” includes the commencement of a vested allowance that is deferred after separation from employment until the former member is eligible for immediate payment.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Required Break in Service."> <paragraph num="A."> <text>Separation from Service Required.</text> <paragraph num="(1)"> <text>This section does not apply to the Legislative Pension Plan.</text> </paragraph> <paragraph num="(2)"> <text>Except as provided by law, an individual shall be separated from all employment with a participating employer at the time of retirement, and may not retire if the individual is employed by the State or other participating employer on any basis, including but not limited to employment on a temporary, permanent, or contractual basis, on the effective date of retirement.</text> </paragraph> </paragraph> <paragraph num="B."> <text>45-Day Rule.</text> <paragraph num="(1)"> <text>This section does not apply to:</text> <paragraph num="(a)"> <text>The Legislative Pension Plan;</text> </paragraph> <paragraph num="(b)"> <text>The temporary assignment of a retiree of the Judges’ Retirement System to sit in a court of this State under the authority of Article IV, §3A, of the Maryland Constitution; or</text> </paragraph> <paragraph num="(c)"> <text>A vested allowance.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>An individual who is receiving a service retirement allowance or disability retirement allowance may not be employed within 45 days of the date the individual retired, on a permanent, temporary, or contractual basis, by:</text> <paragraph num="(a)"> <text>The State or other participating employer; or</text> </paragraph> <paragraph num="(b)"> <text>A withdrawn participating governmental unit, if the retiree was an employee of the withdrawn participating governmental unit while it was a participating employer.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Statutory Reduction if Earnings Exceed Earnings Limitation."> <paragraph num="A."> <text>This regulation applies to a retiree who is subject to an earnings limitation on employment with a participating employer as set forth in State Personnel and Pensions Article, Division II, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>On or before January 31 of each year, a participating employer shall submit to the Retirement Agency the following information for the preceding calendar year:</text> <paragraph num="(1)"> <text>On request, the participating employer’s tax identification number;</text> </paragraph> <paragraph num="(2)"> <text>The name and Social Security number of all employees on any payroll of the employer at any time during the preceding calendar year; and</text> </paragraph> <paragraph num="(3)"> <text>The actual gross annual compensation paid to each employee during the preceding calendar year.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The participating employer shall submit the information to the Retirement Agency in a manner and format acceptable to the Retirement Agency.</text> </paragraph> <paragraph num="D."> <text>On or before May 31 of each year, the Retirement Agency shall review the information received from each participating employer, the Retirement Agency’s records, and any other relevant information to determine whether a retiree has received earnings from a participating employer that exceed the retiree’s earnings limitation.</text> </paragraph> <paragraph num="E."> <text>If the records referenced in §D of this regulation reflect that a retiree has received earnings that exceed the earnings limitation, the Retirement Agency shall send written notice to the retiree that shall:</text> <paragraph num="(1)"> <text>Reflect the:</text> <paragraph num="(a)"> <text>Earnings reported by the participating employer for the retiree; and</text> </paragraph> <paragraph num="(b)"> <text>Earnings limitation applicable to the retiree;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Advise the retiree of the amount of the reduction in the retiree’s allowance to recover the portion of the retiree’s allowance paid during the preceding calendar year that exceeded the earnings limitation;</text> </paragraph> <paragraph num="(3)"> <text>Advise the retiree of the option to pay all or a portion of the excess earnings to the Retirement Agency in a lump sum on or before July 1 in order to reduce or eliminate the reduction in the retiree’s allowance;</text> </paragraph> <paragraph num="(4)"> <text>State that, to the extent the retiree does not pay the excess earnings in a lump sum, the reduction in the retiree’s allowance will begin on July 1 and shall continue until the overpayment is recovered to the extent permitted by law; and</text> </paragraph> <paragraph num="(5)"> <text>Notify the retiree of the procedures under Regulation .05 of this chapter for obtaining relief from the offset provisions.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Reduction of a Service Retirement Allowance or Vested Allowance.</text> <paragraph num="(1)"> <text>This section applies to the reduction of a service retirement allowance or vested allowance for a participant who is subject to an earnings limitation.</text> </paragraph> <paragraph num="(2)"> <text>Earnings Limitation.</text> <paragraph num="(a)"> <text>Except as provided in §F(2)(b) of this regulation, or as otherwise required by law, the earnings limitation equals an amount determined by subtracting the retiree’s initial annual basic allowance from the retiree’s average final compensation used to compute the individual’s basic allowance.</text> </paragraph> <paragraph num="(b)"> <text>For a retiree of the Judges’ Retirement System, the earnings limitation equals an amount determined by subtracting the retiree’s annual retirement allowance from the compensation on which the retirement allowance is based.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Except as provided in §G of this regulation or as permitted under Regulation .05 of this chapter, on July 1 of each fiscal year, the Retirement Agency shall reduce the service retirement allowance or vested allowance of each retiree who has received earnings during the preceding calendar year that exceed the applicable earnings limitation, in order to recover the full amount of the overpayment.</text> </paragraph> <paragraph num="(4)"> <text>Reduction if Earnings Exceed the Earnings Limitation.</text> <paragraph num="(a)"> <text>Except as provided in §F(4)(b) of this regulation or as otherwise required by law, the reduction required to enforce the earnings limitation equals the amount by which the sum of the retiree’s initial annual basic allowance and the retiree’s earnings exceeds the average final compensation used to compute the individual’s basic allowance.</text> </paragraph> <paragraph num="(b)"> <text>For a retiree of the Judges’ Retirement System, the reduction required to enforce the earnings limitation equals the amount by which the sum of the retiree’s annual retirement allowance and the retiree’s earnings exceeds the amount of the compensation on which the retirement allowance is based.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>The Retirement Agency may not recover more than the allowance paid to the retiree during the applicable calendar year under review.</text> </paragraph> <paragraph num="(6)"> <text>Payment of Retiree Medical Insurance Premiums.</text> <paragraph num="(a)"> <text>The reduced allowance for a fiscal year shall be an amount at least sufficient to pay the employer-approved deduction for retiree medical insurance premiums.</text> </paragraph> <paragraph num="(b)"> <text>Any amounts not reduced from an allowance pursuant to §F(6)(a) of this regulation shall be deducted in the next year, or in future years if needed, until the difference is fully recovered.</text> </paragraph> </paragraph> </paragraph> <paragraph num="G."> <text>Reduction of an Ordinary Disability Allowance.</text> <paragraph num="(1)"> <text>This section applies to the reduction of an ordinary disability allowance for a retiree who is subject to an earnings limitation, if the retiree is under normal retirement age and has exceeded the retiree’s earnings limitation in the preceding calendar year.</text> </paragraph> <paragraph num="(2)"> <text>The earnings limitation equals the amount determined by subtracting the retiree’s basic allowance at retirement from the sum of:</text> <paragraph num="(a)"> <text>The retiree’s average final compensation; and</text> </paragraph> <paragraph num="(b)"> <text>$5,000, which, beginning in calendar year 2017, shall be adjusted annually by the percentage growth in the Consumer Price Index in the calendar year preceding the fiscal year, with each subsequent adjustment to be made on the amount calculated in the prior fiscal year.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>On July 1 of each fiscal year, the Retirement Agency shall reduce the allowance of each retiree who has received earnings during the preceding calendar year that exceeded the applicable earnings limitation.</text> </paragraph> <paragraph num="(4)"> <text>Amount of Pension Reduction.</text> <paragraph num="(a)"> <text>The portion of the retiree’s allowance to be reduced under this section is the retiree’s pension derived from employer contributions at retirement, before any reductions based on the retiree’s election of an optional form of allowance, and without any cost-of-living adjustment.</text> </paragraph> <paragraph num="(b)"> <text>The Retirement Agency shall reduce the pension of a retiree who has been receiving an allowance for:</text> <paragraph num="(i)"> <text>Less than 10 years, by $1 for every $2 that the retiree’s current compensation exceeds the retiree’s earnings limitation; or</text> </paragraph> <paragraph num="(ii)"> <text>At least 10 years, by $1 for every $5 that the retiree’s current compensation exceeds the retiree’s earnings limitation.</text> </paragraph> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Suspension of Allowance."> <paragraph num="A."> <text>Suspension of Allowance for Earnings in Excess of Earnings Limitation.</text> <paragraph num="(1)"> <text>This section applies only to a retiree who:</text> <paragraph num="(a)"> <text>Serves as the Governor, Comptroller, Treasurer, Attorney General, or Secretary of State, or a Secretary, Deputy Secretary, or Assistant Secretary of a principal department of the Executive Branch of the State government; or</text> </paragraph> <paragraph num="(b)"> <text>Is determined, in the sole discretion of the Executive Director, to serve in a position comparable to one described in §A(1)(a) of this regulation for a participating employer.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Upon employment with a participating employer, if a retiree receives a salary that exceeds the retiree’s earnings limitation in an amount that would require reduction of the retiree’s entire allowance, the retiree may request temporary suspension of the retiree’s allowance during employment, in lieu of the procedures described in Regulation .03 of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Temporary Suspension of Disability Allowance.</text> <paragraph num="(1)"> <text>This section applies to a retiree who is subject to temporary suspension of a disability allowance under State Personnel and Pensions Article, §29-115, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(2)"> <text>A retiree’s allowance is subject to suspension upon the retiree’s re-employment at an annual compensation at least equal to the retiree’s average final compensation at retirement.</text> </paragraph> <paragraph num="(3)"> <text>Upon receiving notification or otherwise discovering that a retiree’s allowance is subject to suspension, the Retirement Agency shall promptly suspend the allowance.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Recoveries Due to Delayed Discovery or Notice.</text> <paragraph num="(1)"> <text>The Retirement Agency shall recover all allowance payments overpaid due to delayed discovery or notice that a retiree’s allowance is subject to suspension.</text> </paragraph> <paragraph num="(2)"> <text>After due notice, if a person who has received an improper payment fails to repay the money owed, the Board of Trustees may offset the overpayment from any future monthly payments of that person’s allowance.</text> </paragraph> <paragraph num="(3)"> <text>If reduction of an allowance by offset would result in financial hardship to a retiree, the retiree may request relief in accordance with Regulation .05 of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Procedures for Obtaining Relief by Extending Period of Reduction or Offset."> <paragraph num="A."> <text>If financial hardship to a retiree would result from reduction of an allowance under Regulation .03 of this chapter, or offset of an overpaid allowance under Regulation .04 of this chapter, the retiree may request that the Retirement Agency extend the time period of the reduction or offset by submitting a written request to the Executive Director.</text> </paragraph> <paragraph num="B."> <text>The request shall:</text> <paragraph num="(1)"> <text>Explain the basis for the retiree’s request; and</text> </paragraph> <paragraph num="(2)"> <text>Include any relevant documentation or records in support of the retiree’s request.</text> </paragraph> </paragraph> <paragraph num="C."> <text>In the Executive Director’s sole discretion, the Executive Director may grant the retiree’s request by extending the time period over which the reduction or offset occurs. The Executive Director may not cancel or waive any amounts that are required to be reduced or offset from a retiree’s allowance.</text> </paragraph> <paragraph num="D."> <text>The denial of a request to extend the time period of the reduction or offset is not a contested case under State Government Article, §10-202, Annotated Code of Maryland, for which a hearing is required under COMAR 22.03.04.</text> </paragraph> <paragraph num="E."> <text>If a retiree believes that the retiree is not subject to an earnings limitation, or that the retiree’s earnings did not exceed any applicable earnings limitation, under Regulation .03 of this chapter, the retiree shall immediately notify the Executive Director in writing of the basis for the retiree’s claim. If the Executive Director denies the retiree’s claim, the Executive Director shall notify the retiree in writing and shall advise the retiree of the retiree’s right to request a hearing under COMAR 22.03.04.</text> </paragraph> <paragraph num="F."> <text>If a retiree believes that the retiree is not subject to a suspension of the retiree’s disability allowance, or that the Agency has incorrectly calculated the amount of the appropriate offset, under Regulation .04 of this chapter, the retiree shall immediately notify the Executive Director in writing of the basis for the retiree’s claim. If the Executive Director denies the retiree’s claim, the Executive Director shall notify the retiree in writing and shall advise the retiree of the retiree’s right to request a hearing under COMAR 22.03.04.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Effect of Retirement for More Than 5 Years."> <paragraph num="A."> <text>This regulation applies to a retiree who is receiving a service retirement allowance or vested allowance from the:</text> <paragraph num="(1)"> <text>Correctional Officers’ Retirement System;</text> </paragraph> <paragraph num="(2)"> <text>Employees’ or Teachers’ Retirement System;</text> </paragraph> <paragraph num="(3)"> <text>Employees’ or Teachers’ Pension System;</text> </paragraph> <paragraph num="(4)"> <text>State Police Retirement System; or</text> </paragraph> <paragraph num="(5)"> <text>Judges’ Retirement System.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Except as provided in §C or D of this regulation, if a retiree has been retired for 5 years beginning on January 1 after the date the individual retired, the retiree may be employed by a participating employer on a permanent, temporary, or contractual basis without any reduction in retirement allowance.</text> </paragraph> <paragraph num="C."> <text>For a retiree whose effective date of retirement was January 1, the 5-year period shall begin on January 1 of the year in which the retiree accepted the allowance.</text> </paragraph> <paragraph num="D."> <text>Twelve-Month Reduction for Early Retirement.</text> <paragraph num="(1)"> <text>This section applies to a retiree of the Employees’ or Teachers’ Retirement or Pension Systems who retired with an early service retirement allowance or early vested allowance.</text> </paragraph> <paragraph num="(2)"> <text>Except as provided in §D(3) of this regulation, an individual who becomes employed by a participating employer within 12 months after receiving an early service retirement allowance or early vested allowance shall be subject to the statutory reduction of the individual’s allowance only until the individual has received an allowance for 12 months.</text> </paragraph> <paragraph num="(3)"> <text>An individual who is subject to the 12-month reduction described in §D(2) of this regulation shall, after the individual has received an allowance for 12 months, be subject to an earnings limitation until the individual has received an allowance for 5 years if:</text> <paragraph num="(a)"> <text>The individual’s current employer is any unit of State government, including the University System of Maryland, and the individual was employed by a unit of State government immediately prior to retirement; or</text> </paragraph> <paragraph num="(b)"> <text>The individual’s current employer is a participating employer other than the State and is the same participating employer that employed the individual immediately prior to retirement.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Exemption from Earnings Limitation for Certain Eligible Retirees."> <paragraph num="A."> <text>This regulation applies to a retiree who is entitled to an exemption from the earnings limitation for a period of less than 5 years.</text> </paragraph> <paragraph num="B."> <text>The exemption applies by calendar year from the start date of employment without proration.</text> </paragraph> <paragraph num="C."> <text>If the exemption ends before the 5-year period for the earnings limitation ends, then the Retirement Agency shall apply the annual earnings limitation, without proration, only to the wages earned after the exemption period ends.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">State Personnel and Pensions Article, §§21-110, 21-113, 22-406, 23-407, 25-403, 26-403, 27-406, 28-402, 29-115, and 29-116, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1996 (22:26 Md. R. 2031)</annotation> <annotation type="History" subtype="Administrative History">Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the Administrative Histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective October 20, 1997 (24:21 Md. R. 1452)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 adopted effective October 20, 1997 (24:21 Md. R. 1452)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective April 28, 2003 (30:8 Md. R. 543)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.07 repealed and new Regulations .01—.07 adopted effective January 24, 2022 (49:2 Md. R. 78)</annotation> </annotations> </chapter> <chapter num="12" heading="Enrollment in the State System"> <regulation prefix="Regulation" num=".01" heading="Enrollment Required."> <text>At commencement of employment, a participating employer is required to enroll an employee who:</text> <paragraph num="A."> <text>Is a member of a State system as a condition of employment; or</text> </paragraph> <paragraph num="B."> <text>Has the option to enroll and elects to become a member of a State system.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Enrollment Procedure."> <text>Enrollment shall consist of the participating employer submitting the following information to the Retirement Agency in the manner and format that the Retirement Agency requires:</text> <paragraph num="A."> <text>For an employee who is a member of a State system as a condition of employment, enrollment data that is properly completed and submitted in accordance with the requirements of the Retirement Agency;</text> </paragraph> <paragraph num="B."> <text>For an employee who has optional membership and elects to become a member, a written application that is properly completed by the member and participating employer in accordance with the form’s instructions;</text> </paragraph> <paragraph num="C."> <text>Proof of birth as set forth in COMAR 22.01.05.02; and</text> </paragraph> <paragraph num="D."> <text>A copy of the employee's job description:</text> <paragraph num="(1)"> <text>For an employee who is to be enrolled:</text> <paragraph num="(a)"> <text>In the Teachers’ Pension System;</text> </paragraph> <paragraph num="(b)"> <text>In the Law Enforcement Officers’ Pension System;</text> </paragraph> <paragraph num="(c)"> <text>In the State Police Retirement System; or</text> </paragraph> <paragraph num="(d)"> <text>If employed by a participating governmental unit, in the Correctional Officers Retirement System; or</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Upon request by the Retirement Agency.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Optional Membership Election."> <text>At commencement of employment, if an employee who has optional membership elects not to become a member of a State system, the participating employer shall submit to the Retirement Agency an election form that is properly completed by the employee and participating employer in accordance with the form’s instructions, in the manner and format that the Retirement Agency requires.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Imposition of Penalty Procedure."> <paragraph num="A."> <text>Based on the enrollment records as of June 30 of each fiscal year, the Retirement Agency shall impose a penalty of $100 per employee per year on a participating employer for any employee who:</text> <paragraph num="(1)"> <text>Began employment with the participating employer:</text> <paragraph num="(a)"> <text>Before April 1 of the same fiscal year; or</text> </paragraph> <paragraph num="(b)"> <text>In any previous fiscal year;</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Is a member of the State system as a condition of employment; and</text> </paragraph> <paragraph num="(3)"> <text>Has not been properly enrolled in accordance with Regulation .02 of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>In the sole discretion of the Executive Director, the Retirement Agency may waive any penalty imposed under §A of this regulation, if the participating employer addresses the enrollment failure in a manner satisfactory to the Retirement Agency.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Due Date for Payment of Penalty."> <text>Payment of the penalty is due within 30 days of the date of the invoice.</text> </regulation> <annotations> <annotation type="Authority">State Personnel and Pensions Article, §21-110, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: December 15, 2008 (35:25 Md. R. 2150)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective October 15, 2012 (39:20 Md. R. 1309); November 18, 2019 (46:23 Md. R. 1067); July 21, 2025 (52:14 Md. R. 713)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective October 15, 2012 (39:20 Md. R. 1309); November 18, 2019 (46:23 Md. R. 1067); July 21, 2025 (52:14 Md. R. 713)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective October 15, 2012 (39:20 Md. R. 1309)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A amended effective January 13, 2011 (38:1 Md. R. 12)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03B amended effective November 18, 2019 (46:23 Md. R. 1067)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 adopted effective July 21, 2025 (52:14 Md. R. 713)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective July 21, 2025 (52:14 Md. R. 713)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 amended effective July 21, 2025 (52:14 Md. R. 713)</annotation> </annotations> </chapter> <chapter num="13" heading="Member Services Unit — Telephone Recording or Monitoring"> <regulation prefix="Regulation" num=".01" heading="Notice of Telephone Recording or Monitoring."> <paragraph num="A."> <text>Any monitored telephone call shall contain a notice to the telephone caller that calls may be monitored.</text> </paragraph> <paragraph num="B."> <text>The notice shall state as follows: “Your call may be recorded or monitored for training and quality control purposes.”</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Telephone Calls Recorded or Monitored."> <paragraph num="A."> <text>The Retirement Agency may only record or monitor:</text> <paragraph num="(1)"> <text>Incoming telephone calls placed to the Member Services Division of the Retirement Agency through the Retirement Agency’s automated call distribution system; and</text> </paragraph> <paragraph num="(2)"> <text>Outgoing telephone calls from the Member Services Division initiated by the virtual hold callback feature of the Retirement Agency’s automated call distribution system.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Retirement Agency may not record or monitor calls to or from direct individual lines in the Retirement Agency.</text> </paragraph> <paragraph num="C."> <text>The Retirement Agency shall securely store all recordings made pursuant to §A of this regulation, and may not retain a recording for longer than 10 years after the date of the recording.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">State Personnel and Pensions Article, §21-110, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 25, 2010 (37:2 Md. R. 69)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective June 14, 2021 (48:12 Md. R. 474)</annotation> </annotations> </chapter> <chapter num="14" heading="Applications for Service Retirement"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter does not apply to a disability retirement allowance paid in accordance with State Personnel and Pensions Article, Title 29, Subtitle 1, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meaning indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Former member” means an individual who:</text> <paragraph num="(a)"> <text>Has been a member;</text> </paragraph> <paragraph num="(b)"> <text>Separated from employment with a participating employer;</text> </paragraph> <paragraph num="(c)"> <text>Is not reemployed by a participating employer; and</text> </paragraph> <paragraph num="(d)"> <text>Is not a retiree.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Required beginning date” means the applicable date by which the distribution of a service retirement allowance must commence in accordance with the Internal Revenue Code, 26 U.S.C. §401(a)(9)(C).</text> </paragraph> <paragraph num="(3)"> <text>“Special early retirement” means a retirement pursuant to State Personnel and Pensions Article, §22-404 or 23-404, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>“Ten-month employee” means an individual who satisfies the criteria set forth in COMAR 22.05.02.01A.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Retirement Application."> <paragraph num="A."> <text>Application Required.</text> <paragraph num="(1)"> <text>In order to retire with a normal service retirement allowance, early service retirement allowance, or special early retirement allowance, a member or former member who is eligible to retire must properly complete the appropriate written application form that is available from the Retirement Agency and submit it to the Retirement Agency.</text> </paragraph> <paragraph num="(2)"> <text>A retirement application is properly completed if it:</text> <paragraph num="(a)"> <text>Is completed in accordance with the form’s instructions, dated, signed by the member or former member, and properly acknowledged by a notary public; and</text> </paragraph> <paragraph num="(b)"> <text>In the case of a member who is retiring upon separation from employment, contains the employer’s certification of the member or former member’s separation from employment, wages, contributions, and sick leave.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Submission Date.</text> <paragraph num="(a)"> <text>Except as provided in §A(3)(b) and (c) of this regulation, a retirement application is considered submitted on the last day of the month immediately prior to the date that it is received by the administrative offices of the Retirement Agency at the mailing address provided on the retirement application.</text> </paragraph> <paragraph num="(b)"> <text>In the case of a member who is retiring upon separation from employment, a retirement application is considered submitted on the last day of the month immediately prior to the date that it was properly acknowledged by a notary public if the application is submitted to the Retirement Agency by the member’s employing agency within 60 days of the notarization date.</text> </paragraph> <paragraph num="(c)"> <text>In the case of a ten-month employee or other former member of the Teachers’ Retirement System or Teachers’ Pension System who separated from employment as of June 30 of the current calendar year, a retirement application is considered submitted as of June 30 if the Retirement Agency receives the retirement application on or before September 15 of the same calendar year.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Commencement of Retirement Benefits.</text> <paragraph num="(1)"> <text>This section does not apply to the Judges’ Retirement System or the Legislative Pension Plan.</text> </paragraph> <paragraph num="(2)"> <text>A member or former member shall state the date which the member or former member desires to retire on the retirement application.</text> </paragraph> <paragraph num="(3)"> <text>A member or former member who is eligible to retire at the time of separation from employment may not retire with a normal service retirement allowance, early service retirement allowance, or special early service retirement allowance until the later of:</text> <paragraph num="(a)"> <text>The first day of the month after the member or former member is separated from employment; or</text> </paragraph> <paragraph num="(b)"> <text>The first day of the month after the member or former member submits a properly completed retirement application.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Except as provided in §B(5) of this regulation, a member or former member who retires with a normal service retirement allowance, early service retirement allowance, or special early service retirement allowance may not receive benefits for the period before the member or former member submitted a properly completed retirement application.</text> </paragraph> <paragraph num="(5)"> <text>Automatic Commencement of Benefits by Required Beginning Date.</text> <paragraph num="(a)"> <text>A service retirement allowance or vested allowance shall commence no later than the required beginning date.</text> </paragraph> <paragraph num="(b)"> <text>A former member who fails to submit a retirement application on or before the required beginning date shall be automatically retired, and shall be treated as if the former member has elected the basic allowance, computed without modification under State Personnel and Pensions Article §21-403, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(c)"> <text>A former member who is automatically retired as of the required beginning date may change the automatic election of the basic allowance only if the former member notifies the Retirement Agency before the first allowance payment normally becomes due.</text> </paragraph> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">State Personnel and Pensions Article, §21-110, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: October 3, 2011 (38:20 Md. R. 1204)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective January 8, 2024 (50:26 Md. R. 1132)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective May 12, 2014 (41:9 Md. R. 522)</annotation> </annotations> </chapter> </subtitle> <subtitle num="02" heading="Option and Annuity Tables"> <chapter num="01" heading="Option Factors and Annuity Values"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>Effective Date of Retirement.</text> <paragraph num="(a)"> <text>“Effective date of retirement” means the effective date of the commencement of:</text> <paragraph num="(i)"> <text>A retirement allowance;</text> </paragraph> <paragraph num="(ii)"> <text>A vested allowance;</text> </paragraph> <paragraph num="(iii)"> <text>An allowance payable on the death of an individual employed as a member; or</text> </paragraph> <paragraph num="(iv)"> <text>For a member of a deferred retirement option program, participation in the deferred retirement option program.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Effective date of retirement” does not mean the date of a change of beneficiary by a retiree, or the date of commencement of an allowance to a beneficiary of a retiree.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Post-reform COLA rate” means the assumed cost-of-living adjustment rate under Regulation .03 or .04 of this chapter, for creditable service that is subject to State Personnel and Pensions Article, §29-408, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“Pre-reform COLA rate” means the assumed cost-of-living adjustment rate under Regulation .03 or .04 of this chapter, for creditable service that is not subject to State Personnel and Pensions Article, §29-408, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>“System’s actuary” means the actuary designated by the Board of Trustees in accordance with State Personnel and Pensions Article, §21-125, Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Option and Annuity Factors on or before June 30, 2017."> <paragraph num="A."> <text>This regulation applies to an effective date of retirement on or before June 30, 2017.</text> </paragraph> <paragraph num="B."> <text>Incorporation by Reference.</text> <paragraph num="(1)"> <text>In this regulation, the following document is incorporated by reference.</text> </paragraph> <paragraph num="(2)"> <text>Document Incorporated. Option Factors and Annuity Values (State Retirement and Pension System, State Retirement Agency, August 1995) is incorporated by reference.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The general option factors and annuity values, set forth in Chapter 02 of Option Factors and Annuity Values, shall be applicable to the Correctional Officers’ Retirement System, Employees’ Pension System, Employees’ Retirement System, Judges’ Retirement System, Teachers’ Pension System, and Teachers’ Retirement System.</text> </paragraph> <paragraph num="D."> <text>The law enforcement option factors and annuity values, set forth in Chapter 03 of Option Factors and Annuity Values, shall be applicable to the Law Enforcement Officers’ Pension System, Local Fire and Police System, and State Police Retirement System.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Option and Annuity Factors from July 1, 2017, until December 31, 2021."> <paragraph num="A."> <text>This regulation applies to an effective date of retirement from July 1, 2017, until December 31, 2021.</text> </paragraph> <paragraph num="B."> <text>General option factors and annuity values, which are established by the System’s actuary and are based on the actuarial assumptions adopted by the Board of Trustees as set forth in §F of this regulation, shall be applicable to the Correctional Officers’ Retirement System, Employees’ Pension System, Employees’ Retirement System, Judges’ Retirement System, Teachers’ Pension System, and Teachers’ Retirement System.</text> </paragraph> <paragraph num="C."> <text>Law Enforcement option factors and annuity values, which are established by the System’s actuary and based on the actuarial assumptions adopted by the Board of Trustees as set forth in §F of this regulation, shall be applicable to the Law Enforcement Officers’ Pension System, Local Fire and Police System, and State Police Retirement System.</text> </paragraph> <paragraph num="D."> <text>Legislative plan option factors and annuity values, which are established by the System’s actuary and based on the actuarial assumptions adopted by the Board of Trustees as set forth in §F of this regulation, shall be applicable to the Legislative Pension Plan.</text> </paragraph> <paragraph num="E."> <text>Upon request, the Retirement Agency shall make the option factors and annuity values established by the System’s actuary available to a participant.</text> </paragraph> <paragraph num="F."> <text>Actuarial Assumptions.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Option and Annuity Factors on or After January 1, 2022."> <paragraph num="A."> <text>This regulation applies to an effective date of retirement on or after January 1, 2022.</text> </paragraph> <paragraph num="B."> <text>Employee option factors and annuity values, which are established by the System’s actuary and are based on the actuarial assumptions adopted by the Board of Trustees as set forth in §I of this regulation, shall be applicable to the Employees’ Pension System and Employees’ Retirement System.</text> </paragraph> <paragraph num="C."> <text>Judicial option factors and annuity values, which are established by the System’s actuary and based on the actuarial assumptions adopted by the Board of Trustees as set forth in §I of this regulation, shall be applicable to the Judges’ Retirement System.</text> </paragraph> <paragraph num="D."> <text>Legislator option factors and annuity values, which are established by the System’s actuary and based on the actuarial assumptions adopted by the Board of Trustees as set forth in §I of this regulation, shall be applicable to the Legislative Pension Plan.</text> </paragraph> <paragraph num="E."> <text>Public safety option factors and annuity values, which are established by the System’s actuary and based on the actuarial assumptions adopted by the Board of Trustees as set forth in §I of this regulation, shall be applicable to the Correctional Officers’ Retirement System, Law Enforcement Officers’ Pension System, Local Fire and Police System, and State Police Retirement System.</text> </paragraph> <paragraph num="F."> <text>Teacher option factors and annuity values, which are established by the System’s actuary and based on the actuarial assumptions adopted by the Board of Trustees as set forth in §I of this regulation, shall be applicable to the Teachers’ Pension System and Teachers’ Retirement System.</text> </paragraph> <paragraph num="G."> <text>For mortality and disabled mortality table assumptions, the base table rates (with scaling) are projected from the year 2010 using the MP-2018 generational mortality projection scales and birth year based on age in 2023.</text> </paragraph> <paragraph num="H."> <text>Upon request, the Retirement Agency shall make the option factors and annuity values established by the System’s actuary available to a participant.</text> </paragraph> <paragraph num="I."> <text>Actuarial Assumptions.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Determining a Member's or Beneficiary's Age."> <paragraph num="A."> <text>Except as provided in §B or C of this regulation, to determine the applicable option factor or annuity value , the Retirement Agency shall use the age of a member, former member, or designated beneficiary as of the effective date of retirement.</text> </paragraph> <paragraph num="B."> <text>If the effective date of retirement is 6 months or more after the previous birth date of the member, former member, or designated beneficiary, the Retirement Agency shall increase the age of the member, former member, or designated beneficiary to the next full year.</text> </paragraph> <paragraph num="C."> <text>For the recalculation of an allowance payable under State Personnel and Pensions Article, §21-403(b), (c), (e), or (f), Annotated Code of Maryland (Options 2, 3, 5, or 6), to determine the applicable option factor, the Retirement Agency shall use:</text> <paragraph num="(1)"> <text>The option factors and annuity values described under Regulation .02, .03, or .04 of this chapter which are applicable to the retiree as of the effective date of retirement; and</text> </paragraph> <paragraph num="(2)"> <text>Subject to §B of this regulation, the ages of the retiree and designated beneficiary at the time of the change of beneficiary.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">State Personnel and Pensions Article, §§20-202, 21-108, 21-110, 21-125, and 21-402, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1996 (22:26 Md. R. 2031)</annotation> <annotation type="History" subtype="Administrative History">Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the Administrative Histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective June 13, 2011 (38:12 Md. R. 707)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 adopted effective September 6, 1999 (26:18 Md. R. 1377)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective August 15, 2016 (43:16Md. R. 901)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective February 8, 2021 (48:3 Md. R. 94)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective February 8, 2021 (48:3 Md. R. 94)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 repealed and new Regulation .04 adopted effective February 8, 2021 (48:3 Md. R. 94)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B, C amended effective February 8, 2021 (48:3 Md. R. 94)</annotation> </annotations> </chapter> </subtitle> <subtitle num="03" heading="Board of Trustees"> <chapter num="01" heading="Election of Trustees"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Active member” means a member who is not separated from employment with the State or a participating employer.</text> </paragraph> <paragraph num="(2)"> <text>“Candidate” means an eligible voter who seeks election to The Board of Trustees.</text> </paragraph> <paragraph num="(3)"> <text>“Certified candidate” means a candidate who meets the required qualifications to serve in the trustee position into which the individual is seeking to be elected.</text> </paragraph> <paragraph num="(4)"> <text>“Election year” means the calendar year during which an election of a trustee is conducted.</text> </paragraph> <paragraph num="(5)"> <text>“Eligible voter” means an active member or retiree of the Employees' Systems, State Police Retirement System, or Teachers' Systems.</text> </paragraph> <paragraph num="(6)"> <text>“Employees' Systems” means the following State systems:</text> <paragraph num="(a)"> <text>Employees' Pension System;</text> </paragraph> <paragraph num="(b)"> <text>Employees' Retirement System;</text> </paragraph> <paragraph num="(c)"> <text>Judges' Retirement System;</text> </paragraph> <paragraph num="(d)"> <text>Correctional Officers' Retirement System;</text> </paragraph> <paragraph num="(e)"> <text>Local Fire and Police System;</text> </paragraph> <paragraph num="(f)"> <text>Law Enforcement Officers’ Pension System; and</text> </paragraph> <paragraph num="(g)"> <text>Legislative Pension Plan.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>Retiree.</text> <paragraph num="(a)"> <text>“Retiree” has the meaning set forth in State Personnel and Pensions Article, §20-101(jj), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(b)"> <text>“Retiree” includes a member of the Deferred Retirement Option Program under State Personnel and Pensions Article, §24-401.1 or 26-401.1, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>“Teachers' Systems” means the Teachers' Pension System and the Teachers' Retirement System.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Election of Trustees—General."> <paragraph num="A."> <text>The Retirement Agency shall conduct elections for eligible voters to select:</text> <paragraph num="(1)"> <text>Two trustees to serve on the Board of Trustees, one active member of the Employees' Systems and one active member of the Teachers' Systems, for a 4-year term to begin on August 1, 2021, and every 4 years after that;</text> </paragraph> <paragraph num="(2)"> <text>One trustee to serve on the Board of Trustees who is an active member or retiree of the State Police Retirement System, for a 4-year term to begin on August 1, 2022, and every 4 years after that; and</text> </paragraph> <paragraph num="(3)"> <text>Two trustees to serve on the Board of Trustees, one retiree of the Employees' Systems and one retiree of the Teachers' Systems, for a 4-year term to begin on August 1, 2023, and every 4 years after that.</text> </paragraph> </paragraph> <paragraph num="B."> <text>At each applicable election, eligible voters from:</text> <paragraph num="(1)"> <text>The Employees' Systems shall elect one trustee from the Employees' Systems;</text> </paragraph> <paragraph num="(2)"> <text>The State Police Retirement System shall elect one trustee from the State Police Retirement System; and</text> </paragraph> <paragraph num="(3)"> <text>The Teachers' Systems shall elect one trustee from the Teachers' Systems.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Election Schedule."> <paragraph num="A."> <text>The Executive Director shall prepare a schedule for conducting the election of trustees that conforms to the requirements of §B of this regulation.</text> </paragraph> <paragraph num="B."> <text>The election schedule shall include the following information:</text> <paragraph num="(1)"> <text>The time period during which nominations will be accepted from a candidate;</text> </paragraph> <paragraph num="(2)"> <text>The date by which the Executive Director will certify any candidate as a certified candidate who has satisfied the conditions set forth in Regulation .06 of this chapter;</text> </paragraph> <paragraph num="(3)"> <text>The dates when eligible voters may vote; and</text> </paragraph> <paragraph num="(4)"> <text>The date election results shall be announced.</text> </paragraph> </paragraph> <paragraph num="C."> <text>In the calendar year preceding the election year, the Executive Director shall submit the election schedule to the Board of Trustees for its review. After making any revisions the Board of Trustees determines to be appropriate, a majority of the Board of Trustees shall approve the election schedule and direct the Executive Director to conduct the election of trustees in accordance with the election schedule.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Election Notice."> <paragraph num="A."> <text>After the Board approves an election schedule, the Executive Director shall notify all eligible voters of the upcoming election.</text> </paragraph> <paragraph num="B."> <text>The election notice shall include:</text> <paragraph num="(1)"> <text>The election schedule approved by the Board of Trustees;</text> </paragraph> <paragraph num="(2)"> <text>An explanation of the eligibility requirements to serve as a trustee set forth in State Personnel and Pensions Article, §21-104, Annotated Code of Maryland, and this chapter; and</text> </paragraph> <paragraph num="(3)"> <text>Any other information the Executive Director considers necessary.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The Executive Director shall circulate the election notice by:</text> <paragraph num="(1)"> <text>Distributing the election notice to retirement coordinators of all participating employers for posting;</text> </paragraph> <paragraph num="(2)"> <text>Publishing the election notice in Retirement Agency newsletters;</text> </paragraph> <paragraph num="(3)"> <text>Posting the election notice on the Retirement Agency website; and</text> </paragraph> <paragraph num="(4)"> <text>Using any other method the Executive Director considers appropriate to notify eligible voters of the election.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Nomination Requirements."> <paragraph num="A."> <text>A candidate may obtain nomination requirements from the Retirement Agency at any time after the Executive Director has announced the election schedule and before the election schedule’s stated deadline for submitting nominations.</text> </paragraph> <paragraph num="B."> <text>Except as provided in a revised election schedule issued under Regulation .06 of this chapter, the Executive Director may not distribute nomination requirements to a candidate after the date specified in the election schedule.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Nomination of Candidates."> <paragraph num="A."> <text>A candidate shall properly complete and submit all required nomination materials on or before the election schedule’s stated submission deadline.</text> </paragraph> <paragraph num="B."> <text>A candidate becomes a certified candidate if the Executive Director certifies that the following criteria are met:</text> <paragraph num="(1)"> <text>The candidate satisfies the eligibility requirements set forth in State Personnel and Pensions Article, §21-104, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(2)"> <text>On or before the date specified in the election schedule, the Executive Director receives:</text> <paragraph num="(a)"> <text>For a candidate to become a certified candidate for the Employees' Systems or Teachers' Systems:</text> <paragraph num="(i)"> <text>Completed nominations with the signatures and birth dates of at least 500 eligible voters;</text> </paragraph> <paragraph num="(ii)"> <text>A separate written statement in the length and format required by the Executive Director setting forth the candidate’s relevant experience but excluding any references to endorsements;</text> </paragraph> <paragraph num="(iii)"> <text>Confirmation that at least 500 of the individuals who signed the nomination forms are eligible to vote for the candidate to serve as trustee; and</text> </paragraph> <paragraph num="(iv)"> <text>Such additional information as the Executive Director may require; or</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>For a candidate to become a certified candidate for the State Police Retirement System:</text> <paragraph num="(i)"> <text>Completed nominations with the signatures and birth dates of at least 100 eligible voters;</text> </paragraph> <paragraph num="(ii)"> <text>A separate written statement in the length and format required by the Executive Director setting forth the candidate’s relevant experience but excluding any references to endorsements;</text> </paragraph> <paragraph num="(iii)"> <text>Confirmation that at least 100 of the individuals who signed the nomination forms are eligible to vote for the candidate to serve as trustee; and</text> </paragraph> <paragraph num="(iv)"> <text>Such additional information as the Executive Director may require.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Only One Certified Candidate.</text> <paragraph num="(1)"> <text>If there is only one certified candidate from the Employees' Systems, the State Police Retirement System, or the Teachers' Systems the provisions of this section apply to the selection of the certified candidate to serve as trustee.</text> </paragraph> <paragraph num="(2)"> <text>The sole certified candidate shall:</text> <paragraph num="(a)"> <text>Be considered nominated to serve as trustee for the Employees' Systems, the State Police Retirement System, or the Teachers' Systems; and</text> </paragraph> <paragraph num="(b)"> <text>Serve as trustee for the 4-year term beginning on August 1 of the election year.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The Executive Director shall:</text> <paragraph num="(a)"> <text>Discontinue the election process for the trustee for the applicable system or systems;</text> </paragraph> <paragraph num="(b)"> <text>Report the results to the Board of Trustees; and</text> </paragraph> <paragraph num="(c)"> <text>Proceed with an election for other trustees for the remaining system or systems with more than one certified candidate as provided in this chapter.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>On receipt of the Executive Director's report, the Board of Trustees shall:</text> <paragraph num="(a)"> <text>Certify the results;</text> </paragraph> <paragraph num="(b)"> <text>Direct the Executive Director to notify the sole certified candidate; and</text> </paragraph> <paragraph num="(c)"> <text>Publish the results of the election as provided in Regulation .10 of this chapter.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>No Certified Candidate.</text> <paragraph num="(1)"> <text>If the Executive Director is not able to certify the name of one candidate from the Employees' Systems, the State Police Retirement System, or the Teachers' Systems to be placed on the ballot as a certified candidate, the provisions of this section apply.</text> </paragraph> <paragraph num="(2)"> <text>The Executive Director shall:</text> <paragraph num="(a)"> <text>Promptly prepare a new election schedule, or a partially modified election schedule, in substantial conformity with this chapter for approval by the Board of Trustees; and</text> </paragraph> <paragraph num="(b)"> <text>Proceed with an election for the trustee for the Employees' Systems, the State Police Retirement System, or the Teachers' Systems with more than one certified candidate as provided in this chapter.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>On approval of the revised election schedule by a majority of the Board of Trustees, the Executive Director shall conduct the election of a trustee or trustees in accordance with the revised schedule.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Campaign Materials and Contributions.</text> <paragraph num="(1)"> <text>A certified candidate’s campaign materials may not:</text> <paragraph num="(a)"> <text>Use the Retirement Agency logo or letterhead; or</text> </paragraph> <paragraph num="(b)"> <text>State or imply that the Board of Trustees, any member of the Board of Trustees, the Retirement Agency, or any employee of the Retirement Agency has endorsed the certified candidate.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>A certified candidate may not solicit or accept contributions, gifts, or donations in connection with the individual’s candidacy.</text> </paragraph> <paragraph num="(3)"> <text>Any certified candidate who violates this section is subject to disqualification by the Board of Trustees.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Election."> <paragraph num="A."> <text>Election Packets.</text> <paragraph num="(1)"> <text>Election packets shall include the following information:</text> <paragraph num="(a)"> <text>The names of each certified candidate, listed in alphabetical order by last name;</text> </paragraph> <paragraph num="(b)"> <text>The written statement of each certified candidate; and</text> </paragraph> <paragraph num="(c)"> <text>The procedures for voting.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>An election packet shall be distributed to each eligible voter not later than 20 days before the date the voting shall be completed.</text> </paragraph> <paragraph num="(3)"> <text>An eligible voter must cast a ballot on or before the close of business (4:30 p.m. eastern daylight time) on the date the Executive Director designates in the election schedule. A ballot received after the close of business (4:30 p.m. eastern daylight time) on the date designated shall be rejected.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Each eligible voter from:</text> <paragraph num="(1)"> <text>The Employees' Systems may vote for one trustee for the Employees' Systems;</text> </paragraph> <paragraph num="(2)"> <text>The State Police Retirement System may vote for one trustee for the State Police Retirement System; and</text> </paragraph> <paragraph num="(3)"> <text>The Teachers' Systems may vote for one trustee from the Teachers' Systems.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Canvassing of Ballots."> <paragraph num="A."> <text>The Executive Director or the Executive Director's designee shall supervise the canvassing of ballots.</text> </paragraph> <paragraph num="B."> <text>The Executive Director or the Executive Director's designee shall determine if a ballot is valid or void. If the certified candidate designated by an eligible voter on the ballot cannot be determined, the ballot shall be void.</text> </paragraph> <paragraph num="C."> <text>An eligible voter may only vote once, and for only one certified candidate. If an eligible voter submits more than one ballot or votes for more than one certified candidate, all of that eligible voter’s ballots shall be void.</text> </paragraph> <paragraph num="D."> <text>The certified candidate receiving the highest number of votes shall win the election.</text> </paragraph> <paragraph num="E."> <text>In the event of a tie, the Executive Director shall establish procedures for a run-off election, which are subject to approval by a majority of the Board of Trustees.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Certification of Election Results by the Board of Trustees."> <paragraph num="A."> <text>The Executive Director shall report the results of the election to the Board of Trustees at the next meeting of the Board of Trustees after canvassing of ballots is complete..</text> </paragraph> <paragraph num="B."> <text>On receipt of the results, the Board of Trustees shall certify the results of the election and direct the Executive Director to notify the certified candidates.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Publication of Election Results."> <text>The results of the election shall be published in Retirement Agency newsletters and on the Retirement Agency’s website and social media sites.</text> </regulation> <regulation prefix="Regulation" num=".11" heading="Challenges and Retention of Ballots."> <paragraph num="A."> <text>Within 7 days after certification of the election results by the Board of Trustees, an unsuccessful certified candidate may petition the Executive Director in writing for a recount of the ballots.</text> </paragraph> <paragraph num="B."> <text>The Executive Director shall retain ballots for at least 30 days following an election or until a duly filed challenge is finally decided, whichever occurs later.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Vacancy of Trustee Position During Term."> <paragraph num="A."> <text>If a trustee dies or resigns before the completion of the trustee's term, the Board of Trustees shall direct the Executive Director to conduct an election to select a successor trustee to serve for the balance of the trustee's term.</text> </paragraph> <paragraph num="B."> <text>The election shall be conducted in substantial conformity with the procedures set forth in this chapter.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">State Personnel and Pensions Article, §§21-104(b) and 21-110, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1996 (22:26 Md. R. 2031)</annotation> <annotation type="History" subtype="Administrative History">Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the Administrative Histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective August 16, 2004 (31:16 Md. R. 1256)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended effective November 18, 1996 (23:23 Md. R. 1556); August 5, 2002 (29:15 Md. R. 1143); October 28, 2002 (29:21 Md. R. 1647)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06A amended as an emergency provision effective November 24, 2020 (47:26 Md. R. 1106); emergency status expired April 30, 2021</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.12 repealed and new Regulations .01—.12 adopted effective November 14, 2022 (49:23 Md. R. 997)</annotation> </annotations> </chapter> <chapter num="02" heading="Open Meetings Attendance and Recording, Photographing, and Broadcasting of Sessions"> <regulation prefix="Regulation" num=".01" heading="Definition."> <text>“Board” means the Board of Trustees of the State Retirement and Pension System, the Executive Committee of the Board of Trustees of the State Retirement and Pension System, the Investment Committee of the Board of Trustees of the State Retirement and Pension System, and any other committee of the Board of Trustees that is a public body as defined in State Government Article, §10-502(h), Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Public Attendance."> <paragraph num="A."> <text>The general public may attend and observe an open session of the Board.</text> </paragraph> <paragraph num="B."> <text>Except in instances when the Board expressly invites public testimony, questions, comments, or other forms of public participation, or when public participation is otherwise authorized by law, a member of the public attending an open session of the Board may not participate in the session.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Disruptive Conduct."> <paragraph num="A."> <text>Prohibition. An individual attending an open session of the Board may not engage in any conduct, including a visual demonstration such as the waving of placard, sign, or banner, that disrupts the session or that interferes with the right of a member of the public to attend and observe the session.</text> </paragraph> <paragraph num="B."> <text>Action to Restore Order. The presiding officer may:</text> <paragraph num="(1)"> <text>Order an individual who engages in conduct prohibited by §A of this regulation, or who violates any other regulation concerning the conduct of an open session, to be removed from the session;</text> </paragraph> <paragraph num="(2)"> <text>Request police assistance to restore order; and</text> </paragraph> <paragraph num="(3)"> <text>Recess the session while order is restored.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Recording, Photographing, Videotaping, Broadcasting, and Televising of Open Sessions."> <paragraph num="A."> <text>A member of the public, including a representative of the news media, may record an open session of the Board by means of a tape recorder or another recording device, if the:</text> <paragraph num="(1)"> <text>Device does not create an excessive noise that interferes with the participation in a session by a member of the Board or the observation of the session by a member of the public;</text> </paragraph> <paragraph num="(2)"> <text>Device does not otherwise interfere with an individual's observation of or participation in the session; and</text> </paragraph> <paragraph num="(3)"> <text>Recording is done openly so that it is obvious to those in attendance that the session is being recorded.</text> </paragraph> </paragraph> <paragraph num="B."> <text>A member of the public, including a representative of the news media, may photograph or videotape the proceedings of the Board at an open session by means of a camera if the camera:</text> <paragraph num="(1)"> <text>Is operated without excessively bright artificial light or excessive noise that interferes with the participation of a member of the Board in the session or the observation of the session by a member of the public;</text> </paragraph> <paragraph num="(2)"> <text>Does not otherwise interfere with an individual's observation of or participation in the session; and</text> </paragraph> <paragraph num="(3)"> <text>Is used openly so that it is obvious to those in attendance that the session is being recorded.</text> </paragraph> </paragraph> <paragraph num="C."> <text>A representative of the news media may broadcast or televise the proceedings of the Board at an open session if the equipment used:</text> <paragraph num="(1)"> <text>Is operated without excessively bright artificial light or excessive noise that interferes with the participation of a member of the Board in the session or the observation of the session by a member of the public;</text> </paragraph> <paragraph num="(2)"> <text>Does not otherwise interfere with an individual's observation of or participation in the session; and</text> </paragraph> <paragraph num="(3)"> <text>Is used openly so that it is obvious to those in attendance that the session is being broadcast or televised.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The presiding officer may restrict the movement of an individual who is using a recording device, camera, or broadcasting or television equipment if the restriction is necessary to maintain the orderly conduct of the session.</text> </paragraph> <paragraph num="E."> <text>The Board may require that an individual who intends to record, photograph, videotape, broadcast, or televise an open session, register in advance of the beginning of the meeting.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Recordings Not Part of the Record."> <text>A recording of an open session made by a member of the public, or a transcript derived from the recording, is not a part of the record of a proceeding of the Board.</text> </regulation> <annotations> <annotation type="Authority">State Government Article, §10-507(b); State Personnel and Pensions Article, §21-110; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1996 (22:26 Md. R. 2031)</annotation> <annotation type="History" subtype="Administrative History">Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.</annotation> </annotations> </chapter> <chapter num="03" heading="Regulation Adoption and Declaratory Rulings"> <regulation prefix="Regulation" num=".01" heading="Definition."> <text>“Interested person” means a participant or a participating employer.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Adoption of Regulations."> <paragraph num="A."> <text>The Board of Trustees shall be responsible for adopting regulations providing for the:</text> <paragraph num="(1)"> <text>Administration of the several systems;</text> </paragraph> <paragraph num="(2)"> <text>Management of the assets of the several systems; and</text> </paragraph> <paragraph num="(3)"> <text>Transaction of the Board of Trustees' business.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Board of Trustees shall propose and adopt regulations in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 1, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Petition for Adoption of Regulations."> <paragraph num="A."> <text>An interested person may submit to the Board of Trustees a petition for the adoption, amendment, or repeal of any regulation under this title. A copy of the petition shall also be filed with the Executive Director.</text> </paragraph> <paragraph num="B."> <text>The petition shall:</text> <paragraph num="(1)"> <text>Be in writing;</text> </paragraph> <paragraph num="(2)"> <text>Include:</text> <paragraph num="(a)"> <text>The name, address, and telephone number of the interested person, and</text> </paragraph> <paragraph num="(b)"> <text>If the interested person is an individual, the Social Security number of the interested person;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>State the regulation or amendment the petition proposes or refer to any existing regulation the petition seeks to have amended or repealed; and</text> </paragraph> <paragraph num="(4)"> <text>Contain a brief statement of the reasons in support of the proposed adoption, amendment, or repeal of the regulation.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Within 60 days after receipt of the petition, the Secretary to the Board of Trustees shall notify the petitioner in writing that the Board of Trustees:</text> <paragraph num="(1)"> <text>Denied the petition, in whole or in part, stating the reasons for the denial; or</text> </paragraph> <paragraph num="(2)"> <text>Initiated appropriate procedures for adoption, amendment, or repeal of the regulation in accordance with the petition.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Petition for Declaratory Ruling."> <paragraph num="A."> <text>An interested person may file a petition for a declaratory ruling with the Board of Trustees with respect to the applicability of any statute pertaining to the Board of Trustees or the applicability of any regulation adopted by the Board of Trustees. A copy of the petition for a declaratory ruling shall also be filed with the Executive Director.</text> </paragraph> <paragraph num="B."> <text>The petition for a declaratory ruling shall:</text> <paragraph num="(1)"> <text>Be in writing;</text> </paragraph> <paragraph num="(2)"> <text>Include:</text> <paragraph num="(a)"> <text>The name, address, and telephone number of the interested person, and</text> </paragraph> <paragraph num="(b)"> <text>If the interested person is an individual, the Social Security number of the interested person;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Describe the petitioner's interest in making the request for a declaratory ruling;</text> </paragraph> <paragraph num="(4)"> <text>Contain a detailed statement of the facts and pose the question of whether, and in what manner, the State statute or regulation applies to these facts; and</text> </paragraph> <paragraph num="(5)"> <text>Include a statement by the interested person, under oath or affirmation, that the facts contained in the petition are true to the best of the interested person's knowledge, information, and belief.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The Board of Trustees shall consider the petition for declaratory ruling and may, in its discretion, issue the declaratory ruling requested. The Board of Trustees shall notify the petitioner in writing of whatever action the Board of Trustees may decide to take, stating the reasons for its decision.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">State Government Article, §10-122(a); State Personnel and Pensions Article, §21-110; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1996 (22:26 Md. R. 2031)</annotation> <annotation type="History" subtype="Administrative History">Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.</annotation> </annotations> </chapter> <chapter num="04" heading="Procedures for Hearings by or for the Board of Trustees"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter does not apply to hearings that are conducted by a judge under COMAR 22.06.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Board Secretary” means the Secretary for the Board of Trustees.</text> </paragraph> <paragraph num="(2)"> <text>“Claimant” means a participant or a participating employer that has filed a request for a hearing.</text> </paragraph> <paragraph num="(3)"> <text>“Contested case” has the meaning stated in State Government Article, §10-202, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(4)"> <text>“Administrative Committee” means the Administrative Committee of the Board of Trustees.</text> </paragraph> <paragraph num="(5)"> <text>“Hearing” means a contested case hearing as defined by the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(6)"> <text>“Judge” means an administrative law judge at the Office of Administrative Hearings.</text> </paragraph> <paragraph num="(7)"> <text>“Office” means the Office of Administrative Hearings established as a unit of State government within the Executive Branch responsible for conducting hearings under State Government Article, Title 9, Subtitle 16, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(8)"> <text>Party.</text> <paragraph num="(a)"> <text>“Party” means the Retirement Agency or the claimant whose rights are being adjudicated under this chapter.</text> </paragraph> <paragraph num="(b)"> <text>“Party” includes a participant or participating employer who is permitted to intervene in a contested case in accordance with COMAR 28.02.01.15.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Application."> <paragraph num="A."> <text>This chapter supplements the notice and hearing requirements of the:</text> <paragraph num="(1)"> <text>Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(2)"> <text>Regulations issued by the Office in COMAR 28.02.01.</text> </paragraph> </paragraph> <paragraph num="B."> <text>In the event of a conflict with COMAR 28.02.01, the provisions set forth in this chapter control the conduct of a hearing under this chapter.</text> </paragraph> <paragraph num="C."> <text>In accordance with General Provisions Article, §3-103(a)(1)(iii), Annotated Code of Maryland, a hearing before the Board of Trustees or Administrative Committee is a quasi-judicial function to which the Open Meetings Act does not apply.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Construction."> <text>This subtitle shall be construed liberally to ensure the fair and expeditious determination of every contested case.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Retirement Agency Notices."> <paragraph num="A."> <text>Unless otherwise provided, a notice that the Retirement Agency must mail or file under this subtitle shall be:</text> <paragraph num="(1)"> <text>Made in writing; and</text> </paragraph> <paragraph num="(2)"> <text>Sent to the claimant at the claimant's address on file at the Retirement Agency by:</text> <paragraph num="(a)"> <text>First class mail, postage prepaid, or</text> </paragraph> <paragraph num="(b)"> <text>Personal delivery.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Whenever a claimant is required to take some action or make an election within a required period after the date of the notice, 3 days shall be added to the required period, if delivery of the notice is made by first class mail.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Claimant's Requests."> <paragraph num="A."> <text>Whenever a claimant is required to take some action or make an election under this subtitle, the request or election shall be:</text> <paragraph num="(1)"> <text>Made in writing; and</text> </paragraph> <paragraph num="(2)"> <text>Sent by first class mail, postage prepaid, to the State Retirement Agency, 120 East Baltimore Street, Baltimore, Maryland 21202, Attention: Executive Director.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Time Limitations. A petition for hearing shall be filed within 180 days of the date of the Retirement Agency’s written notice pursuant to State Government Article, §10-207, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Petitions for Hearing."> <paragraph num="A."> <text>In a contested case, a claimant may request a hearing by submitting a petition for a hearing to the Executive Director within the time limitations specified in Regulation .06B of this chapter.</text> </paragraph> <paragraph num="B."> <text>The petition shall:</text> <paragraph num="(1)"> <text>Be in writing;</text> </paragraph> <paragraph num="(2)"> <text>Include:</text> <paragraph num="(a)"> <text>The name, address, and telephone number of the claimant,</text> </paragraph> <paragraph num="(b)"> <text>If the claimant is an individual, the last four digits of the claimant’s Social Security number or other information that is sufficient to verify the identity of the individual; and</text> </paragraph> <paragraph num="(c)"> <text>The name, address, and telephone number of the claimant's attorney, if any;</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Describe the claimant's interest in the matter for which the claimant is petitioning for a hearing;</text> </paragraph> <paragraph num="(4)"> <text>Contain;</text> <paragraph num="(a)"> <text>A simple and concise statement of the question or controversy,</text> </paragraph> <paragraph num="(b)"> <text>A statement of the relief requested from the Board of Trustees; and</text> </paragraph> <paragraph num="(c)"> <text>A summary of the Retirement Agency's decision on the question or controversy; and</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>Include an affirmation by the claimant, under oath, that the facts contained in the petition are true to the best of the claimant's knowledge, information, and belief.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Review of Petition for Hearing by Executive Director. Upon receipt of a petition for hearing, the Executive Director shall:</text> <paragraph num="(1)"> <text>Upon receipt of a petition for hearing, the Executive Director shall:</text> <paragraph num="(a)"> <text>Reject the claimant’s petition if it does not fulfill all requirements of §B of this regulation;</text> </paragraph> <paragraph num="(b)"> <text>Refer the claimant’s petition for a hearing as provided under Regulation .08 or .09 of this chapter;</text> </paragraph> <paragraph num="(c)"> <text>Refer the claimant’s petition for a summary decision in accordance with §D of this regulation; or</text> </paragraph> <paragraph num="(d)"> <text>By agreement of all parties, refer the claimant’s petition for alternate dispute resolution in accordance with §E of this regulation.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If the Executive Director rejects a timely petition for hearing because it does not fulfill all requirements of §B of this regulation, the Executive Director shall send a written notice to the claimant that:</text> <paragraph num="(a)"> <text>Advises the claimant of the deficiencies of the submission; and</text> </paragraph> <paragraph num="(b)"> <text>Gives the claimant leave to submit an amended petition that corrects the deficiencies within the later of the time period specified in Regulation .06B of this chapter, or 45 days after the date of the Executive Director’s written notice.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Summary Decision by the Board of Trustees.</text> <paragraph num="(1)"> <text>Hearing Notice.</text> <paragraph num="(a)"> <text>The Executive Director shall issue a written notice of hearing to the claimant that conforms with State Government Article, §10-208, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(b)"> <text>The notice of hearing shall state:</text> <paragraph num="(i)"> <text>The date, time, and location of the hearing;</text> </paragraph> <paragraph num="(ii)"> <text>A short and simple statement of the matters that are at issue at the hearing;</text> </paragraph> <paragraph num="(iii)"> <text>The recommended summary decision of the Executive Director;</text> </paragraph> <paragraph num="(iv)"> <text>The claimant’s right to appear and present oral argument to the Administrative Committee and the Board of Trustees;</text> </paragraph> <paragraph num="(v)"> <text>The claimant’s right to provide a written response not later than 45 days after the date of the hearing notice, or 30 days before the scheduled hearing, whichever is earlier; and</text> </paragraph> <paragraph num="(vi)"> <text>The claimant’s right to be represented at the hearing by an attorney authorized to practice law in Maryland.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>If the claimant submits a written response pursuant to §D(1)(b)(v) of this regulation, the Executive Director may:</text> <paragraph num="(i)"> <text>Continue a previously scheduled hearing to a later date in order to issue a new written notice of hearing and recommended summary decision;</text> </paragraph> <paragraph num="(ii)"> <text>Refer the claimant’s petition for a hearing under Regulation .08 or .09 of this chapter; or</text> </paragraph> <paragraph num="(iii)"> <text>By agreement of all parties, refer the claimant’s petition for alternate dispute resolution in accordance with §E of this regulation.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>Administrative Committee Review.</text> <paragraph num="(a)"> <text>Following review of the claimant’s petition for hearing, the Executive Director’s recommended summary decision, any written response by the claimant or claimant’s counsel pursuant to §D(1)(b)(v) of this regulation, and any oral argument, a majority of the Administrative Committee shall:</text> <paragraph num="(i)"> <text>Issue a proposed summary decision; or</text> </paragraph> <paragraph num="(ii)"> <text>Refer the petition for a hearing as provided under Regulation .08 or .09 of this chapter.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>If the Administrative Committee issues a proposed summary decision, the Executive Director shall schedule the matter to be heard at a meeting of the Board of Trustees.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Board of Trustees' Review.</text> <paragraph num="(a)"> <text>Following review of the claimant's petition for hearing, the Executive Director's recommended summary decision, the Administrative Committee's proposed summary decision, any written response by the claimant or claimant's counsel pursuant to §D(1)(b)(v) of this regulation, and any oral argument, a majority of the Board of Trustees shall:</text> <paragraph num="(i)"> <text>Issue a summary decision; or</text> </paragraph> <paragraph num="(ii)"> <text>Refer the petition for a hearing as provided under Regulation .08 or .09 of this chapter.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The Board of Trustees shall issue its decision in writing within 90 days after the hearing.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>Standard for Summary Decision.</text> <paragraph num="(a)"> <text>The Board of Trustees may issue a summary decision if it finds that:</text> <paragraph num="(i)"> <text>There is no genuine dispute of material fact; and</text> </paragraph> <paragraph num="(ii)"> <text>The Retirement Agency or the claimant is entitled to prevail as a matter of law.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>A summary decision by the Board of Trustees is the final administrative decision of the case.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Alternative Dispute Resolution.</text> <paragraph num="(1)"> <text>By agreement of all parties, the Executive Director may refer a petition for alternative dispute resolution by:</text> <paragraph num="(a)"> <text>Non-binding mediation with a neutral mediator pursuant to fee and cost arrangements and other terms on which all parties agree in writing; or</text> </paragraph> <paragraph num="(b)"> <text>An unmediated settlement conference conducted by the Executive Director or Executive Director’s designee at a time and place the Executive Director shall set in coordination with all parties.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Before participating in alternative dispute resolution, the parties shall confirm in writing that all communications, evidence, and potential evidence exchanged during the alternative dispute resolution process are subject to the admissibility standards of Maryland Rule 5-408 in any subsequent proceedings.</text> </paragraph> <paragraph num="(3)"> <text>Any party may be represented by legal counsel in alternative dispute resolution.</text> </paragraph> <paragraph num="(4)"> <text>If the parties are unable to reach a final written agreement on settlement terms, and on the written request of any party to terminate alternative dispute resolution, the Executive Director shall:</text> <paragraph num="(a)"> <text>Refer the claimant’s petition for a summary decision as provided under §D of this regulation; or</text> </paragraph> <paragraph num="(b)"> <text>Refer the claimant’s petition for a hearing as provided under Regulation .08 or .09 of this chapter.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".08" heading="Hearings by the Board of Trustees."> <paragraph num="A."> <text>The Board Secretary shall coordinate with the parties to schedule a hearing before the Board of Trustees.</text> </paragraph> <paragraph num="B."> <text>Hearing Notice.</text> <paragraph num="(1)"> <text>The Board Secretary shall issue a written notice that conforms to State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, within a reasonable time before the hearing.</text> </paragraph> <paragraph num="(2)"> <text>The hearing notice shall state:</text> <paragraph num="(a)"> <text>The date, time, and place of the hearing;</text> </paragraph> <paragraph num="(b)"> <text>A short and simple statement of the matters that are at issue at the hearing;</text> </paragraph> <paragraph num="(c)"> <text>The pertinent statutory and regulatory sections under which the Board of Trustees is taking the action; and</text> </paragraph> <paragraph num="(d)"> <text>The claimant's right to:</text> <paragraph num="(i)"> <text>Submit relevant evidence to the Board Secretary that will be included as part of a joint exhibit if received by the Board Secretary 20 calendar days before the date of the hearing, and</text> </paragraph> <paragraph num="(ii)"> <text>Be represented by an attorney authorized to practice law in Maryland.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Within a reasonable time before the hearing, the Board Secretary shall provide each member of the Board of Trustees and the claimant with a copy of all:</text> <paragraph num="(1)"> <text>Records and documents in the possession of the Retirement Agency that are pertinent to the claim; and</text> </paragraph> <paragraph num="(2)"> <text>Evidence, if any, submitted by the claimant under §B(2)(d)(i) of this regulation.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Motions.</text> <paragraph num="(1)"> <text>A party may move for appropriate relief before or during a hearing.</text> </paragraph> <paragraph num="(2)"> <text>A party shall submit all motions in writing or orally at a hearing.</text> </paragraph> <paragraph num="(3)"> <text>Written motions shall:</text> <paragraph num="(a)"> <text>Be filed not later than 15 days before the date of the hearing;</text> </paragraph> <paragraph num="(b)"> <text>State concisely the question to be determined;</text> </paragraph> <paragraph num="(c)"> <text>Be accompanied by any necessary supporting documentation; and</text> </paragraph> <paragraph num="(d)"> <text>Be served on each party.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>An answer to a written motion shall be filed on the earlier of:</text> <paragraph num="(a)"> <text>10 days after receipt of the motion; or</text> </paragraph> <paragraph num="(b)"> <text>The date of the hearing.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>On written notice to all parties, the presiding officer may schedule a conference to consider a written motion.</text> </paragraph> <paragraph num="(6)"> <text>The filing or pendency of a motion does not alter or extend any time limit otherwise established by these regulations.</text> </paragraph> <paragraph num="(7)"> <text>The presiding officer may:</text> <paragraph num="(a)"> <text>Reserve ruling on a motion until after the hearing; or</text> </paragraph> <paragraph num="(b)"> <text>Issue a ruling on a motion before the hearing with the consent of a majority of the Board of Trustees.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>The Board of Trustees' ruling on the motion shall be in writing and may be included in the final decision.</text> </paragraph> <paragraph num="(9)"> <text>A ruling on a motion may only be reviewed on appeal.</text> </paragraph> <paragraph num="(10)"> <text>Motion to Dismiss.</text> <paragraph num="(a)"> <text>A party may move for dismissal of a petition.</text> </paragraph> <paragraph num="(b)"> <text>A majority of the Board of Trustees may issue a final decision dismissing a petition that fails to state a claim for which relief may be granted by the Board of Trustees.</text> </paragraph> </paragraph> <paragraph num="(11)"> <text>Motion for Summary Decision.</text> <paragraph num="(a)"> <text>A party may move for summary decision on any substantive issue in the case.</text> </paragraph> <paragraph num="(b)"> <text>A majority of the Board of Trustees may grant a final summary decision if a majority of the Board of Trustees finds that there is no genuine issue as to any material fact and that the moving party is entitled to prevail as a matter of law.</text> </paragraph> </paragraph> </paragraph> <paragraph num="E."> <text>Conduct of the Hearing.</text> <paragraph num="(1)"> <text>The presiding officer shall conduct the hearing informally, in such a manner as to ascertain the rights of the parties.</text> </paragraph> <paragraph num="(2)"> <text>The presiding officer shall:</text> <paragraph num="(a)"> <text>Exclude evidence which is incompetent, irrelevant, immaterial, or unduly repetitious; and</text> </paragraph> <paragraph num="(b)"> <text>Regulate the course of the hearing, including the conduct of the parties, their attorneys, and witnesses.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The hearing may not be governed by common law or statutory rules of evidence as to the admissibility of evidence or by technical rules of procedure.</text> </paragraph> <paragraph num="(4)"> <text>Witnesses shall testify under oath or affirmation.</text> </paragraph> <paragraph num="(5)"> <text>A record shall be made of all testimony taken.</text> </paragraph> <paragraph num="(6)"> <text>All evidence considered, including records and documents in the possession of the Retirement Agency, shall be offered and made a part of the record in the case, and other factual information or evidence may not be considered in the determination of the case.</text> </paragraph> <paragraph num="(7)"> <text>Each party shall have the right to:</text> <paragraph num="(a)"> <text>Call witnesses and present evidence;</text> </paragraph> <paragraph num="(b)"> <text>Cross-examine each witness called by a party;</text> </paragraph> <paragraph num="(c)"> <text>Submit rebuttal evidence; and</text> </paragraph> <paragraph num="(d)"> <text>Make opening and closing statements.</text> </paragraph> </paragraph> <paragraph num="(8)"> <text>The burden of proof shall be on the claimant by a preponderance of evidence.</text> </paragraph> <paragraph num="(9)"> <text>Representation of a party at a hearing is permitted only by an attorney authorized to practice law in Maryland.</text> </paragraph> <paragraph num="(10)"> <text>Notice may be taken of judicially cognizable facts and, in addition, specialized knowledge of general, technical, or scientific facts may be applied. Parties shall be notified either before or during the hearing, or by reference in reports of findings, of the material so noticed and shall be given the opportunity to contest the material. The Board of Trustees may use its experience, technical competence, or specialized knowledge in the evaluation of the evidence presented to them.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Proposed Findings of Fact and Conclusions of Law.</text> <paragraph num="(1)"> <text>The presiding officer may request the parties to submit proposed findings of fact and conclusions of law to the Board Secretary within 30 days after the hearing.</text> </paragraph> <paragraph num="(2)"> <text>The findings of fact shall be based exclusively on the evidence of record in the proceeding and on matters officially noticed in the proceeding.</text> </paragraph> <paragraph num="(3)"> <text>At the request of a party, the Board Secretary may grant an extension of time to file the proposed findings of fact and conclusions of law for a period not to exceed 60 days.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Official Record.</text> <paragraph num="(1)"> <text>The Board Secretary shall prepare an official record of the hearing which shall include all pleadings, exhibits, and other material filed in the proceeding and any testimony transcribed according to §G(2) of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>A record of the proceedings need not be transcribed unless requested by a party. The cost of typewritten transcripts for all or part of the proceedings shall be paid by the party requesting the transcript.</text> </paragraph> </paragraph> <paragraph num="H."> <text>Decision of the Board of Trustees.</text> <paragraph num="(1)"> <text>The decision of the Board of Trustees shall:</text> <paragraph num="(a)"> <text>Be in writing;</text> </paragraph> <paragraph num="(b)"> <text>Be based solely on the official record compiled by the Board Secretary; and</text> </paragraph> <paragraph num="(c)"> <text>State the reason or reasons for the decision.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Board of Trustees shall issue its decision within 60 days after:</text> <paragraph num="(a)"> <text>The hearing; or</text> </paragraph> <paragraph num="(b)"> <text>If later, receipt by the Board of Trustees of the parties' proposed findings of fact and conclusions of law.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The time limit specified in §H(2) of this regulation may be extended by the Board Secretary with written notice to the parties.</text> </paragraph> <paragraph num="(4)"> <text>The Board Secretary shall notify the parties of the Board of Trustees' decision and include a written statement of the party's appeal rights with the final decision.</text> </paragraph> </paragraph> <paragraph num="I."> <text>Finality of Board Decision. The decision of the Board of Trustees is the final administrative decision of the case.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".09" heading="Hearings before the Office."> <paragraph num="A."> <text>Pre-Hearing Procedures.</text> <paragraph num="(1)"> <text>The Retirement Agency shall coordinate with the parties and the Office to schedule a hearing before a judge.</text> </paragraph> <paragraph num="(2)"> <text>Hearings shall be held at the central office of the Office of Administrative Hearings. The designation of a site other than the central office of the Office of Administrative Hearings requires the Retirement Agency’s consent.</text> </paragraph> <paragraph num="(3)"> <text>Each party is required to provide every other party with a copy of any written communication with the Office or a judge, including but not limited to a request for postponement or a request for a subpoena.</text> </paragraph> <paragraph num="(4)"> <text>Unless a judge rules otherwise, each party shall provide written notification at least 20 days before the hearing to every other party of the name and identity of each witness the notifying party may call to testify at the hearing.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Hearing Notice.</text> <paragraph num="(1)"> <text>The Retirement Agency shall issue a written notice that conforms to State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, within a reasonable time before the hearing.</text> </paragraph> <paragraph num="(2)"> <text>The hearing notice shall state:</text> <paragraph num="(a)"> <text>The date, time, and place of the hearing;</text> </paragraph> <paragraph num="(b)"> <text>A short and simple statement of the matters that are at issue at the hearing;</text> </paragraph> <paragraph num="(c)"> <text>The pertinent statutory and regulatory sections under which the Board of Trustees is taking the action; and</text> </paragraph> <paragraph num="(d)"> <text>The claimant’s right to be represented by an attorney authorized to practice law in Maryland.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Conduct of the Hearing.</text> <paragraph num="(1)"> <text>The judge shall:</text> <paragraph num="(a)"> <text>Conduct a fair and impartial hearing to:</text> <paragraph num="(i)"> <text>Fully elicit all the facts,</text> </paragraph> <paragraph num="(ii)"> <text>Adjudicate all issues, and</text> </paragraph> <paragraph num="(iii)"> <text>Ascertain the rights of the parties;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Exclude evidence which is incompetent, irrelevant, immaterial, or unduly repetitious; and</text> </paragraph> <paragraph num="(c)"> <text>Regulate the course of a hearing, including the conduct of parties, their attorneys, and witnesses.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The hearing may not be governed by common law or statutory rules as to the admissibility of evidence or by technical rules of procedure.</text> </paragraph> <paragraph num="(3)"> <text>Witnesses shall testify under oath or affirmation.</text> </paragraph> <paragraph num="(4)"> <text>A record shall be made of all testimony taken.</text> </paragraph> <paragraph num="(5)"> <text>All evidence submitted, including records and documents in the possession of the Retirement Agency, shall be part of the administrative record in the case.</text> </paragraph> <paragraph num="(6)"> <text>The burden of proof shall be on the claimant by a preponderance of the evidence.</text> </paragraph> <paragraph num="(7)"> <text>A party may represent oneself at a hearing, or may be represented by an attorney authorized to practice law in Maryland.</text> </paragraph> <paragraph num="(8)"> <text>Each party shall have the right to:</text> <paragraph num="(a)"> <text>Call witnesses and present evidence;</text> </paragraph> <paragraph num="(b)"> <text>Cross-examine each witness called by a party;</text> </paragraph> <paragraph num="(c)"> <text>Submit rebuttal evidence; and</text> </paragraph> <paragraph num="(d)"> <text>Make opening and closing statements.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Official Record.</text> <paragraph num="(1)"> <text>The judge shall prepare and submit to the Retirement Agency an official record of the hearing which shall include all pleadings, exhibits, and other material filed in the proceeding and any testimony transcribed according to §D(2) of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>A record of the proceedings need not be transcribed unless requested by a party. The cost of typewritten transcripts for all or part of the proceedings shall be paid by the party requesting the transcript.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Proposed Decision.</text> <paragraph num="(1)"> <text>The judge shall prepare a summary of the testimony, comment on credibility and demeanor of the witnesses, and prepare proposed findings of fact and proposed conclusions of law.</text> </paragraph> <paragraph num="(2)"> <text>The judge shall mail a copy of the proposed decision to the parties and the Executive Director.</text> </paragraph> <paragraph num="(3)"> <text>The judge shall provide written notice to the parties that a party, including the representative of the Retirement Agency, if adversely affected, may file exceptions to the proposed findings within 15 calendar days after the date of the proposed decision.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Exceptions.</text> <paragraph num="(1)"> <text>Exceptions shall be filed with the Executive Director within 15 calendar days after the date of the proposed decision.</text> </paragraph> <paragraph num="(2)"> <text>Exceptions shall be in writing and shall contain a concise statement as to each portion of the judge's determination to which exception is taken and the asserted basis for the exception.</text> </paragraph> <paragraph num="(3)"> <text>A party that refers to any evidence produced at the hearing before the judge shall identify the specific evidence in the party's exceptions. That party may file with the Executive Director a copy of the transcript of the hearing, or relevant portions of the transcript, at that party's expense, at the time of filing the exceptions.</text> </paragraph> <paragraph num="(4)"> <text>A copy of the exceptions shall be served on all parties to the proceedings, their representatives, and the Executive Director.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Revocation of Delegation.</text> <paragraph num="(1)"> <text>The Executive Director may revoke delegation of authority to the Office to hear all or part of a contested case at any time prior to the earlier of:</text> <paragraph num="(a)"> <text>The issuance of a ruling on a substantive issue; or</text> </paragraph> <paragraph num="(b)"> <text>The taking of oral testimony from the first witness.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The criteria for revocation of a delegation of authority to the Office concerning a petition shall be:</text> <paragraph num="(a)"> <text>The consent of all parties to revocation; or</text> </paragraph> <paragraph num="(b)"> <text>A factual, legal, or procedural change that occurred after the delegation to the Office, which the Executive Director, in the Executive Director’s sole discretion, determines constitutes good cause for revocation of the delegation.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>The procedure for revocation of a delegation of authority to the Office concerning a petition shall be that the Executive Director shall send written notice to all parties:</text> <paragraph num="(a)"> <text>Stating that the delegation is revoked;</text> </paragraph> <paragraph num="(b)"> <text>Stating good cause for the revocation; and</text> </paragraph> <paragraph num="(c)"> <text>Referring the petition for a summary decision as provided under Regulation .07D of this chapter, for alternative dispute resolution as provided under Regulation .07E of this chapter, or for a hearing as provided under Regulation .08 of this chapter.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The revocation of a delegation of authority to the Office concerning a petition is not appealable until the Board of Trustees renders a final decision under Regulation .07D or.08H of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".10" heading="Final Decision of the Board of Trustees."> <paragraph num="A."> <text>This regulation applies only if a judge, after conducting a hearing as provided in Regulation .09 of this chapter, issued a proposed decision that was not a proposed default order.</text> </paragraph> <paragraph num="B."> <text>Opportunity to Present Argument.</text> <paragraph num="(1)"> <text>The Board Secretary shall notify the parties of their right to present argument to the Board of Trustees.</text> </paragraph> <paragraph num="(2)"> <text>A party shall notify the Board Secretary within the time required in the Board Secretary's notice if the party intends to present argument to the Board of Trustees.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Exceptions Hearing Before the Board of Trustees.</text> <paragraph num="(1)"> <text>The Board Secretary shall:</text> <paragraph num="(a)"> <text>Coordinate with the parties to schedule the argument before the Board of Trustees; and</text> </paragraph> <paragraph num="(b)"> <text>Notify the parties of the date, time, and place for argument.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Postponement.</text> <paragraph num="(a)"> <text>Postponement of the argument before the Board of Trustees ordinarily is not allowed.</text> </paragraph> <paragraph num="(b)"> <text>Except in the case of an emergency or in unusual circumstances, a request for postponement of an argument before the Board of Trustees may not be considered unless it is received by telephone by the Board Secretary at least 24 hours before the date set for the argument.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Failure to Appear.</text> <paragraph num="(a)"> <text>Except as provided in §C(3)(b) of this regulation, if a party fails to appear at the scheduled date, time, and place of argument, the failure is considered a waiver of the request to make argument and the Board of Trustees shall issue a final decision as provided in §E of this regulation.</text> </paragraph> <paragraph num="(b)"> <text>If a majority of the Board of Trustees believes it is desirable to hear the argument of a party to assist them in making the final decision, the Board of Trustees may defer action on the claim until the Board Secretary advises the Board of Trustees that:</text> <paragraph num="(i)"> <text>The party has withdrawn the request to present an argument to the Board of Trustees; or</text> </paragraph> <paragraph num="(ii)"> <text>The claim has been rescheduled at a date, time, and place that is convenient for the parties and the Board of Trustees.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Official Record.</text> <paragraph num="(1)"> <text>Within a reasonable time before the Board of Trustees' meeting, the Board Secretary shall provide a copy of the official record of the hearing compiled by the judge, the proposed decision, and any exceptions filed by a party to each member of the Board of Trustees and each party.</text> </paragraph> <paragraph num="(2)"> <text>The Board of Trustees may not accept additional evidence or hear testimony of witnesses.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Conduct of Argument.</text> <paragraph num="(1)"> <text>The party's claim shall be called to order by the presiding officer.</text> </paragraph> <paragraph num="(2)"> <text>The presiding officer shall:</text> <paragraph num="(a)"> <text>Allow the party and the party's attorney, if any, to present the party's argument;</text> </paragraph> <paragraph num="(b)"> <text>Regulate the course of the argument, including the conduct of the parties and their attorneys;</text> </paragraph> <paragraph num="(c)"> <text>Limit the period of time for argument;</text> </paragraph> <paragraph num="(d)"> <text>Restrict the party's argument if it is incompetent, irrelevant, immaterial, or unduly repetitious; and</text> </paragraph> <paragraph num="(e)"> <text>Exclude evidence that is not in the official record.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Following each party's presentation, members of the Board of Trustees may ask questions.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Final Decision.</text> <paragraph num="(1)"> <text>The Board of Trustees shall issue a final decision based solely on:</text> <paragraph num="(a)"> <text>The official record compiled by the judge;</text> </paragraph> <paragraph num="(b)"> <text>The proposed decision of the judge;</text> </paragraph> <paragraph num="(c)"> <text>The exceptions filed by a party to the proposed decision; and</text> </paragraph> <paragraph num="(d)"> <text>Argument, if any, presented to the Board of Trustees.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Board Secretary shall notify the parties of the Board of Trustees' decision and include a written statement of the party's appeal rights with the final decision.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".11" heading="Final Decision of the Executive Director."> <paragraph num="A."> <text>This regulation applies only if a judge issues a proposed default order against a defaulting party in a case.</text> </paragraph> <paragraph num="B."> <text>On receipt of a written motion from a defaulting party requesting the Board of Trustees to vacate a proposed default order, the Executive Director of the Retirement Agency shall consider the grounds stated for the request in the motion. The Executive Director may contact the party to obtain additional information about the reasons for the default.</text> </paragraph> <paragraph num="C."> <text>If the Executive Director finds that there is:</text> <paragraph num="(1)"> <text>Good cause to excuse the default, the Executive Director may vacate the proposed default order, and return the case to the Office for further appropriate proceedings; or</text> </paragraph> <paragraph num="(2)"> <text>Not good cause to excuse the default, the Executive Director shall deny the motion and issue a final default order terminating further proceedings.</text> </paragraph> </paragraph> <paragraph num="D."> <text>At the next regularly scheduled meeting of the Board of Trustees following the Executive Director's consideration of a written motion requesting that a proposed default order be vacated or modified, the Executive Director shall advise the Board of Trustees as to the action taken.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".12" heading="Appeal."> <text>A party adversely affected by a final decision of the Board of Trustees or the Executive Director may obtain judicial review of the decision as provided by law.</text> </regulation> <annotations> <annotation type="Authority">: State Government Article, §10-206(b); State Personnel and Pensions Article, §§21-108, 21-110, and 21-111; Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1996 (22:26 Md. R. 2031)</annotation> <annotation type="History" subtype="Administrative History">Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective February 6, 2023 (50:2 Md. R. 51)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective May 24, 2004 (31:10 Md. R. 796); February 6, 2023 (50:2 Md. R. 51)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03C adopted effective February 6, 2023 (50:2 Md. R. 51)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective February 6, 2023 (50:2 Md. R. 51)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05A amended effective February 6, 2023 (50:2 Md. R. 51)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B amended effective May 24, 2004 (31:10 Md. R. 796)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 amended effective May 24, 2004 (31:10 Md. R. 796)</annotation> <annotation type="History" subtype="Administrative History">Regulation .06B amended effective February 6, 2023 (50:2 Md. R. 51)</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended effective May 24, 2004 (31:10 Md. R. 796); February 6, 2023 (50:2 Md. R. 51)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08B amended effective February 6, 2023 (50:2 Md. R. 51)</annotation> <annotation type="History" subtype="Administrative History">Regulation .08E amended effective May 24, 2004 (31:10 Md. R. 796); February 6, 2023 (50:2 Md. R. 51)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09 amended effective February 6, 2023 (50:2 Md. R. 51)</annotation> <annotation type="History" subtype="Administrative History">Regulation .09A, C amended effective May 24, 2004 (31:10 Md. R. 796)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10A amended effective May 17, 1999 (26:10 Md. R. 799); February 6, 2023 (50:2 Md. R. 51)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10C amended effective February 6, 2023 (50:2 Md. R. 51)</annotation> <annotation type="History" subtype="Administrative History">Regulation .10E amended effective May 24, 2004 (31:10 Md. R. 796)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11 amended and recodified to Regulation .12, and new Regulation .11 adopted effective May 17, 1999 (26:10 Md. R. 799)</annotation> <annotation type="History" subtype="Administrative History">Regulation .11B, C amended effective February 6, 2023 (50:2 Md. R. 51)</annotation> </annotations> </chapter> <chapter num="05" heading="Subpoenas"> <regulation prefix="Regulation" num=".01" heading="Subpoena Power."> <paragraph num="A."> <text>The Board of Trustees may issue a subpoena as the Board of Trustees considers necessary to:</text> <paragraph num="(1)"> <text>Properly administer and enforce State Personnel and Pensions Article, Division II, Annotated Code of Maryland, and COMAR Title 22; and</text> </paragraph> <paragraph num="(2)"> <text>Compel any person served with the subpoena to:</text> <paragraph num="(a)"> <text>Attend and testify as a witness at a hearing before the Board of Trustees;</text> </paragraph> <paragraph num="(b)"> <text>Produce documents and tangible items; or</text> </paragraph> <paragraph num="(c)"> <text>Both attend and testify as a witness at a hearing before the Board of Trustees and produce documents and tangible items.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Except as provided in Regulation .02B(2) of this chapter, the Board of Trustees exercises its subpoena power by and through the Executive Director of the Retirement Agency as the Board of Trustees’ delegee.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Issuance of Subpoena."> <paragraph num="A."> <text>Subpoenas Issued by the Executive Director.</text> <paragraph num="(1)"> <text>Except as provided in §B of this regulation, and in accordance with Regulation .01A of this chapter, the Executive Director may issue a subpoena on behalf of the Board of Trustees, without prior review and approval by the Board of Trustees.</text> </paragraph> <paragraph num="(2)"> <text>The Office of the Attorney General shall review and approve the subpoena for legal sufficiency before the Executive Director may sign and issue the subpoena.</text> </paragraph> <paragraph num="(3)"> <text>The Executive Director shall notify the Board of Trustees of the issuance of a subpoena pursuant to this section.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Subpoenas for Evidentiary Hearings Issued by the Board of Trustees Under COMAR 22.03.04.08.</text> <paragraph num="(1)"> <text>On request of a party to an evidentiary hearing before the Board of Trustees under COMAR 22.03.04.08, or upon its own motion, the Board of Trustees may issue a subpoena requiring the attendance and testimony of witnesses and the production at the hearing of one or more tangible items in the possession or under the control of a witness.</text> </paragraph> <paragraph num="(2)"> <text>A subpoena may be issued to a party under this section at the sole discretion of the Board of Trustees, and shall be signed by the Board Chair.</text> </paragraph> <paragraph num="(3)"> <text>A party requesting a subpoena shall make the request in writing, filed with the Board Secretary, and served on all other parties.</text> </paragraph> <paragraph num="(4)"> <text>Except in the case of exigent circumstances adequately documented for the Board of Trustees, a party requesting a subpoena shall file the request at least 30 days before the date of an administrative hearing in order to allow the Board of Trustees to consider the request at its next regularly scheduled meeting.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Subpoena Contents."> <paragraph num="A."> <text>A subpoena shall:</text> <paragraph num="(1)"> <text>Identify by descriptive title the investigation, administrative or enforcement matter, or contested case for which it is issued;</text> </paragraph> <paragraph num="(2)"> <text>Identify the name and full address of the intended recipient of the subpoena;</text> </paragraph> <paragraph num="(3)"> <text>Identify the name, full address, and telephone number of the requestor of the subpoena;</text> </paragraph> <paragraph num="(4)"> <text>If the subpoena requires attendance at an evidentiary hearing before the Board of Trustees, specify the date, time, and place of the hearing;</text> </paragraph> <paragraph num="(5)"> <text>If the subpoena requires production of documents or tangible items:</text> <paragraph num="(a)"> <text>Describe with reasonable specificity the documents and tangible items to be produced; and</text> </paragraph> <paragraph num="(b)"> <text>Specify the date, time, and place for the required production;</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>State the issuance date of the subpoena; and</text> </paragraph> <paragraph num="(7)"> <text>Contain the signature of:</text> <paragraph num="(a)"> <text>The Executive Director of the Retirement Agency, for subpoenas issued under Regulation .02A of this chapter; or</text> </paragraph> <paragraph num="(b)"> <text>The Board Chair, for subpoenas issued under Regulation .02B of this chapter.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>If the subpoena compels the production of financial information, or information derived from financial records, the subpoena shall certify that the requestor has taken all necessary steps to comply with the requirements of Financial Institutions Article, §1-304, Annotated Code of Maryland.</text> </paragraph> <paragraph num="C."> <text>If the subpoena compels the production of medical records, the subpoena shall certify that the requestor has taken all necessary steps to comply with the requirements of Health-General Article, §4-306, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Service of Subpoena."> <paragraph num="A."> <text>A signed and issued subpoena may be served within the State of Maryland by any method authorized by Maryland Rule 2-510(d).</text> </paragraph> <paragraph num="B."> <text>A signed and issued subpoena may be served outside the State of Maryland by any method authorized by the law of the jurisdiction where the subpoena is served.</text> </paragraph> <paragraph num="C."> <text>The party serving the subpoena shall retain proof of service of the subpoena.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Modification, Quashing, or Enforcement of Subpoena."> <paragraph num="A."> <text>A person properly served with a subpoena under this regulation may request modification or quashing of the subpoena or other relief by petition to the appropriate circuit court.</text> </paragraph> <paragraph num="B."> <text>If a person properly served with a subpoena under this regulation does not appear or produce documents or tangible items as the subpoena requires, the requestor of the subpoena may apply to the appropriate circuit court for enforcement of the subpoena.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">State Personnel and Pensions Article, §§21-111, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: December 13, 2021 (48:25 Md. R. 1080)</annotation> </annotations> </chapter> </subtitle> <subtitle num="04" heading="Membership"> <chapter num="01" heading="Reporting and Member Contribution Requirements of Participating Employers"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following words have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“ACH Credit” means a transaction through the Automated Clearing House Network originated by a participating employer to transmit payment of member contributions to an account at a financial institution designated by the Retirement Agency.</text> </paragraph> <paragraph num="(2)"> <text>“ACH Debit” means a transaction through the Automated Clearing House Network originated by the Retirement Agency to remove member contributions from a financial institution designated by a participating employer for payment into an account at a financial institution designated by the Retirement Agency.</text> </paragraph> <paragraph num="(3)"> <text>“Local employer” means a county board of education or the Baltimore City Board of School Commissioners.</text> </paragraph> <paragraph num="(4)"> <text>“Participating employer” has the meaning set forth in COMAR 22.01.01.01B(11).</text> </paragraph> <paragraph num="(5)"> <text>Participating Governmental Unit.</text> <paragraph num="(a)"> <text>“Participating governmental unit” means a governmental unit that participates in a State system under State Personnel and Pensions Article, Title 31, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(b)"> <text>“Participating governmental unit” includes a governmental unit that has withdrawn from participation in a State system in accordance with State Personnel and Pensions Article, Title 31, Subtitle 3, Annotated Code of Maryland, but has employees that continue to participate in a State system.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>“Supporting payroll data” means the information required to be provided by a participating employer for each member of a State system as each payroll is paid in accordance with Regulation .02 of this chapter.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Payroll Reporting Requirements of Participating Employers."> <paragraph num="A."> <text>Subject to §§B and C of this regulation, as each payroll is paid, each participating employer shall certify to the Retirement Agency for each member of the State system the following information:</text> <paragraph num="(1)"> <text>The full name, address, and Social Security number;</text> </paragraph> <paragraph num="(2)"> <text>The retirement system code, employer agency code, and pay code;</text> </paragraph> <paragraph num="(3)"> <text>The earnable compensation paid during the pay period;</text> </paragraph> <paragraph num="(4)"> <text>The actual hours worked during the pay period;</text> </paragraph> <paragraph num="(5)"> <text>The budgeted earnable compensation for the position;</text> </paragraph> <paragraph num="(6)"> <text>The budgeted earnable compensation for the position on an annualized basis, as if the member is regularly employed to perform the same duties on a full-time basis;</text> </paragraph> <paragraph num="(7)"> <text>The standard hours for the position during the pay period as if the member is regularly employed to perform the same duties on a full-time basis;</text> </paragraph> <paragraph num="(8)"> <text>The budgeted ratio that the position of employment bears to the standard for a full-time employee;</text> </paragraph> <paragraph num="(9)"> <text>Employer contributions required, if any, during the pay period; and</text> </paragraph> <paragraph num="(10)"> <text>Member contributions required, if any, during the pay period.</text> </paragraph> </paragraph> <paragraph num="B."> <text>When reporting the amounts required under §A(3) and (4) of this regulation, a participating employer may not include amounts paid or hours worked that are excluded when determining a member's earnable compensation.</text> </paragraph> <paragraph num="C."> <text>The participating employer shall provide the information required under this regulation in a manner and format acceptable to the Retirement Agency.</text> </paragraph> <paragraph num="D."> <text>A participating employer that does not submit the information required under this regulation as each payroll is paid, and the in the manner and format required by the Retirement Agency, is liable for penalties and interest in accordance with State Personnel and Pensions Article, §21-314(d), Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Electronic Payment of Member Contributions."> <paragraph num="A."> <text>This regulation applies only to a participating employer that:</text> <paragraph num="(1)"> <text>Is a local employer;</text> </paragraph> <paragraph num="(2)"> <text>Is a participating governmental unit; or</text> </paragraph> <paragraph num="(3)"> <text>Does not pay its employees through the Central Payroll Bureau of the Office of the State Comptroller.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Except for a participating employer that has been granted a waiver in accordance with Regulation .04 of this chapter, each participating employer shall designate an authorized account at a financial institution for the purpose of making payment of all required member contributions via ACH Debit.</text> </paragraph> <paragraph num="C."> <text>Except as provided in §D of this regulation, as each payroll is paid and upon final submission of the supporting payroll data in the manner and format required by the Retirement Agency, the participating employer shall pay the amounts provided in Regulation .02A(10) of this chapter via an ACH Debit.</text> </paragraph> <paragraph num="D."> <text>Payment via ACH Credit.</text> <paragraph num="(1)"> <text>This section applies only to a participating employer that has been granted a waiver in accordance with Regulation .04 of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>As each payroll is paid, and immediately following final submission of the supporting payroll data in the manner and format required by the Retirement Agency, the participating employer shall pay the amounts provided in Regulation .02A(10) of this chapter via an ACH Credit.</text> </paragraph> </paragraph> <paragraph num="E."> <text>A participating employer that does not pay the member contributions required by this regulation as each payroll is paid and in the manner prescribed by the Retirement Agency is liable for penalties and interest in accordance with State Personnel and Pensions Article, §21-314(d), Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Requests for Waiver of the ACH Debit Requirement."> <paragraph num="A."> <text>A participating employer that is subject to Regulation .03 of this chapter may request a waiver from the requirement to pay contributions via ACH Debit.</text> </paragraph> <paragraph num="B."> <text>A request for a waiver shall be made in writing to the Executive Director or the Executive Director’s designee and shall detail the reasons why the participating employer is unable to comply with the ACH Debit requirement.</text> </paragraph> <paragraph num="C."> <text>Upon receipt of a request for a waiver, the Executive Director or the Executive Director’s designee may request, and the participating employer shall provide, any additional information or documentation that the Executive Director or the designee considers appropriate to substantiate the participating employer’s request.</text> </paragraph> <paragraph num="D."> <text>The Executive Director or the Executive Director’s designee may grant the participating employer’s request for a waiver on a temporary or indefinite basis if the participating employer demonstrates to the satisfaction of the Executive Director or the designee that the participating employer is unable to comply with the ACH Debit requirement.</text> </paragraph> <paragraph num="E."> <text>If the Executive Director or the Executive Director’s designee grants a participating employer’s request for a waiver on a temporary basis, the Executive Director or the designee shall specify the time period for the waiver. Any granted waiver shall be effective on the date granted, and no retroactive waivers will be granted.</text> </paragraph> <paragraph num="F."> <text>If the Executive Director or the Executive Director’s designee grants a participating employer’s request for a waiver on an indefinite basis, the Retirement Agency may require the participating employer to periodically submit documentation demonstrating the continued necessity of the waiver. If the Executive Director or the designee determines that a waiver is no longer needed, the Executive Director or the designee may rescind the waiver.</text> </paragraph> <paragraph num="G."> <text>If the Executive Director or the Executive Director’s designee grants a participating employer’s request for a waiver and the participating employer fails to make timely member contribution payments in accordance with Regulation .03 of this chapter, or fails to submit the information required under Regulation .02 of this chapter as each payroll is paid, and in the manner and format required by the Retirement Agency, the Executive Director or the designee may rescind the waiver.</text> </paragraph> <paragraph num="H."> <text>The denial of a request for a waiver from the ACH Debit requirement is not a contested case under State Government Article, §10-202, Annotated Code of Maryland, for which a hearing is required under COMAR 22.03.04.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">State Personnel and Pensions Article, §§21-110 and 21-314, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1996 (22:26 Md. R. 2031)</annotation> <annotation type="History" subtype="Administrative History">Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the Administrative Histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended and recodified to be Regulation .02, new Regulation .01 adopted effective December 13, 2021 (48:25 Md. R. 1080)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 adopted effective December 13, 2021 (48:25 Md. R. 1080)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 adopted effective December 13, 2021 (48:25 Md. R. 1080)</annotation> </annotations> </chapter> <chapter num="02" heading="Membership in the Employees' System or the Teachers' System — General"> <regulation prefix="Regulation" num=".01" heading="Determination by the Board of Trustees."> <text>If the eligibility of an individual for membership in the Employees' Pension System or the Teachers' Pension System is unclear, the Board of Trustees shall determine whether the individual is a member of the Employees' Pension System or the Teachers' Pension System.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Continuation of Membership."> <paragraph num="A."> <text>The Retirement Agency may not deny an individual who is a member of the Teachers' Retirement System or the Employees' Retirement System before December 1, 1973, the right to:</text> <paragraph num="(1)"> <text>Continue as a member of the Teachers' Retirement System or the Employees' Retirement System; or</text> </paragraph> <paragraph num="(2)"> <text>Receive the accrued benefits to which the member was entitled.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Employees Enrolled in the Teachers' Retirement System in Error.</text> <paragraph num="(1)"> <text>An individual enrolled in the Teachers' Retirement System may continue as a member of the Teachers' Retirement System if the individual was enrolled before October 1, 1972, as a result of an administrative error.</text> </paragraph> <paragraph num="(2)"> <text>A recommendation of the Executive Director to remove an employee, enrolled for a period of 6 months or more after October 1, 1972, shall be submitted to the Board of Trustees for approval.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Membership in the Employees' Pension System."> <paragraph num="A."> <text>Definitions.</text> <paragraph num="(1)"> <text>In this regulation, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="(2)"> <text>Terms Defined.</text> <paragraph num="(a)"> <text>“Contractual employee” means an individual who provides personal services to a participating employer for pay if all of the following conditions exist:</text> <paragraph num="(i)"> <text>The services and pay are specified in a current written personal services agreement between the employer and an individual;</text> </paragraph> <paragraph num="(ii)"> <text>There is an employer-employee relationship between the participating employer and the individual; and</text> </paragraph> <paragraph num="(iii)"> <text>The individual does not receive any fringe benefits, except as provided by law or by statutorily authorized written policies adopted on or before November 6, 2017, which the employer has applied uniformly and which define a class of contractual employees who are entitled to receive specified fringe benefits.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Emergency employee” means an individual who:</text> <paragraph num="(i)"> <text>Is appointed by a participating employer to provide personal services on an emergency basis;</text> </paragraph> <paragraph num="(ii)"> <text>Is employed for a nonrenewable period not to exceed 6 months; and</text> </paragraph> <paragraph num="(iii)"> <text>Except as provided by law, does not receive any fringe benefits.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>“Temporary extra employee” means an individual who:</text> <paragraph num="(i)"> <text>Provides personal services to a participating employer;</text> </paragraph> <paragraph num="(ii)"> <text>Is employed for a nonrenewable period not to exceed 6 months; and</text> </paragraph> <paragraph num="(iii)"> <text>Except as provided by law, does not receive any fringe benefits.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>The following individuals shall be excluded from membership in the Employees' Pension System:</text> <paragraph num="(1)"> <text>Subject to §C of this regulation, a contractual, emergency, or temporary extra employee of a participating employer;</text> </paragraph> <paragraph num="(2)"> <text>Employees of the Maryland Center for Public Broadcasting under the 9,000 series;</text> </paragraph> <paragraph num="(3)"> <text>Resident doctors; and</text> </paragraph> <paragraph num="(4)"> <text>School crossing guards who:</text> <paragraph num="(a)"> <text>Are employed by a participating governmental unit:</text> <paragraph num="(i)"> <text>On a substitute or relief basis, or</text> </paragraph> <paragraph num="(ii)"> <text>For less than 500 hours; and</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Except as provided by law, do not receive any fringe benefits from the participating governmental unit.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>The fact that a participating employer permitted an individual to enroll in the Employees’ Pension System shall not be relevant to the determination of whether the individual is a contractual, emergency, or temporary extra employee who is excluded from membership.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">State Personnel and Pensions Article, §§21-108, 21-110, 22-207, 23-205, and 23-209, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1996 (22:26 Md. R. 2031)</annotation> <annotation type="History" subtype="Administrative History">Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective August 4, 2014 (41:15 Md. R. 892)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective August 4, 2014 (41:15 Md. R. 892)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04A amended effective September 6, 1999 (26:18 Md. R. 1377); October 9, 2017 (44:20 Md. R. 946)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 adopted as an emergency provision effective June 1, 1998 (25:14 Md. R. 1130); emergency status expired December 1, 1998</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective April 13, 2026 (53:7 Md. R 329)</annotation> </annotations> </chapter> <chapter num="03" heading="Membership—Teachers' Pension System and Teachers' Retirement System—Scope"> <regulation prefix="Regulation" num=".01" heading="Application."> <text>This chapter applies only to the Teachers' Pension System and the Teachers' Retirement System.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Terms that Include Certain Public School and Board of Education Personnel."> <text>The terms “clerk”, “helping teacher”, “principal”, “superintendent”, “supervisor”, or “teacher” in State Personnel and Pensions Article, §§22-205(a)(1) and 23-206(a)(1), Annotated Code of Maryland, include the following employees of a day school in the State under the authority and supervision of a county board of education or the Baltimore City Board of School Commissioners:</text> <paragraph num="A."> <text>Individuals who are eligible for a certificate under Education Article, Title 6, Annotated Code of Maryland, who perform teaching duties or who perform administrative or supervisory duties in the teaching field;</text> </paragraph> <paragraph num="B."> <text>Principal employees on the central staff who supervise one or more of the following categories:</text> <paragraph num="(1)"> <text>Transportation,</text> </paragraph> <paragraph num="(2)"> <text>Building operations (includes maintenance, custodial, repair operations, and security services), or</text> </paragraph> <paragraph num="(3)"> <text>Food services;</text> </paragraph> </paragraph> <paragraph num="C."> <text>Audiologists with proper degrees;</text> </paragraph> <paragraph num="D."> <text>Bookmobile drivers who are designated as driver/clerks;</text> </paragraph> <paragraph num="E."> <text>Bus attendants for handicapped children;</text> </paragraph> <paragraph num="F."> <text>Dietitians with appropriate degrees;</text> </paragraph> <paragraph num="G."> <text>Occupational therapists with proper degrees;</text> </paragraph> <paragraph num="H."> <text>Professional speech pathologists with proper degrees;</text> </paragraph> <paragraph num="I."> <text>Psychiatrists;</text> </paragraph> <paragraph num="J."> <text>Psychologists;</text> </paragraph> <paragraph num="K."> <text>Psychometrists with proper degrees;</text> </paragraph> <paragraph num="L."> <text>Registered nurses;</text> </paragraph> <paragraph num="M."> <text>Social workers with appropriate degrees;</text> </paragraph> <paragraph num="N."> <text>Classroom teacher aides;</text> </paragraph> <paragraph num="O."> <text>Physical therapists; and</text> </paragraph> <paragraph num="P."> <text>Braillists.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Terms that Do Not Include Certain Employees of a Board of Education."> <paragraph num="A."> <text>The terms “clerk”, “helping teacher”, “principal”, “superintendent”, “supervisor”, or “teacher” in State Personnel and Pensions Article, §§22-205(a)(1) and 23-206(a)(1), Annotated Code of Maryland, do not include the employees, listed in §B of this regulation, of a day school in the State under the authority and supervision of a county board of education or the Baltimore City Board of School Commissioners.</text> </paragraph> <paragraph num="B."> <text>The following employees of a day school are not included within the terms described in §A of this regulation:</text> <paragraph num="(1)"> <text>Administrative assistants to the superintendent;</text> </paragraph> <paragraph num="(2)"> <text>Architects;</text> </paragraph> <paragraph num="(3)"> <text>Artists;</text> </paragraph> <paragraph num="(4)"> <text>Assessments specialists;</text> </paragraph> <paragraph num="(5)"> <text>Audiovisual technicians;</text> </paragraph> <paragraph num="(6)"> <text>Bus drivers;</text> </paragraph> <paragraph num="(7)"> <text>Cafeteria and food service workers;</text> </paragraph> <paragraph num="(8)"> <text>Community aides and specialists;</text> </paragraph> <paragraph num="(9)"> <text>Construction workers;</text> </paragraph> <paragraph num="(10)"> <text>Consultants;</text> </paragraph> <paragraph num="(11)"> <text>Counselor aides and assistants;</text> </paragraph> <paragraph num="(12)"> <text>Custodians;</text> </paragraph> <paragraph num="(13)"> <text>Draftsmen;</text> </paragraph> <paragraph num="(14)"> <text>Driver education aides;</text> </paragraph> <paragraph num="(15)"> <text>Educational TV technicians;</text> </paragraph> <paragraph num="(16)"> <text>Engineers;</text> </paragraph> <paragraph num="(17)"> <text>Financial aid and job counselors;</text> </paragraph> <paragraph num="(18)"> <text>Foremen;</text> </paragraph> <paragraph num="(19)"> <text>Fringe benefits personnel;</text> </paragraph> <paragraph num="(20)"> <text>Health aides;</text> </paragraph> <paragraph num="(21)"> <text>Human relations, equal opportunity, affirmative action personnel;</text> </paragraph> <paragraph num="(22)"> <text>Inspectors;</text> </paragraph> <paragraph num="(23)"> <text>Institutional research and development personnel;</text> </paragraph> <paragraph num="(24)"> <text>Interagency programs and planning personnel;</text> </paragraph> <paragraph num="(25)"> <text>Interns;</text> </paragraph> <paragraph num="(26)"> <text>Janitors;</text> </paragraph> <paragraph num="(27)"> <text>Laboratory aides/technicians;</text> </paragraph> <paragraph num="(28)"> <text>Mail room couriers, messengers/clerks;</text> </paragraph> <paragraph num="(29)"> <text>Maintenance workers;</text> </paragraph> <paragraph num="(30)"> <text>Media specialists (review and evaluation centers);</text> </paragraph> <paragraph num="(31)"> <text>Nurses' aides;</text> </paragraph> <paragraph num="(32)"> <text>Ombudsmen;</text> </paragraph> <paragraph num="(33)"> <text>Photographers;</text> </paragraph> <paragraph num="(34)"> <text>Plant operations personnel;</text> </paragraph> <paragraph num="(35)"> <text>Printers;</text> </paragraph> <paragraph num="(36)"> <text>Public relations specialists, specialists in public relations publications and public information;</text> </paragraph> <paragraph num="(37)"> <text>Purchasing agents or officials;</text> </paragraph> <paragraph num="(38)"> <text>Quality assurance personnel and testing and evaluation personnel;</text> </paragraph> <paragraph num="(39)"> <text>Reading/study skills technicians;</text> </paragraph> <paragraph num="(40)"> <text>Repairs personnel;</text> </paragraph> <paragraph num="(41)"> <text>Safety and insurance specialists;</text> </paragraph> <paragraph num="(42)"> <text>School business managers—administrative assistants;</text> </paragraph> <paragraph num="(43)"> <text>Security personnel;</text> </paragraph> <paragraph num="(44)"> <text>Site acquisition personnel;</text> </paragraph> <paragraph num="(45)"> <text>Site development personnel;</text> </paragraph> <paragraph num="(46)"> <text>Site planning personnel;</text> </paragraph> <paragraph num="(47)"> <text>Staff development and career programs personnel;</text> </paragraph> <paragraph num="(48)"> <text>Statisticians;</text> </paragraph> <paragraph num="(49)"> <text>Student affairs and student activities personnel;</text> </paragraph> <paragraph num="(50)"> <text>Therapist aides/assistants;</text> </paragraph> <paragraph num="(51)"> <text>Transportation personnel;</text> </paragraph> <paragraph num="(52)"> <text>Warehousemen; and</text> </paragraph> <paragraph num="(53)"> <text>An individual who is employed under a federal public service employment program.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Personnel Employed by a University or State College."> <paragraph num="A."> <text>“Educational institution” means:</text> <paragraph num="(1)"> <text>The University of Maryland System;</text> </paragraph> <paragraph num="(2)"> <text>Morgan State University;</text> </paragraph> <paragraph num="(3)"> <text>St. Mary's College; or</text> </paragraph> <paragraph num="(4)"> <text>The Maryland Higher Education Commission.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The following employees of an educational institution are eligible for membership:</text> <paragraph num="(1)"> <text>Faculty members; and</text> </paragraph> <paragraph num="(2)"> <text>Individuals who hold unclassified positions that are under the jurisdiction of an educational institution.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Resident doctors are not eligible for membership.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Personnel Employed by a Community College."> <text>The following personnel of a community college or regional community college established under Education Article, Title 16, Annotated Code of Maryland, are eligible for membership:</text> <paragraph num="A."> <text>Faculty members;</text> </paragraph> <paragraph num="B."> <text>Employees who hold a position that is designated as a professional position that involves specialized skill, education, and knowledge and the employees' labor is predominantly intellectual rather than physical or manual; and</text> </paragraph> <paragraph num="C."> <text>Clerical employees.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Public Library Personnel Eligible for Membership."> <text>The following personnel in a public library established or operating under the Education Article, Title 23, Annotated Code of Maryland, are eligible for membership:</text> <paragraph num="A."> <text>Personnel holding a certificate or provisional certificate of library qualifications issued by the State Board of Education who perform librarian duties;</text> </paragraph> <paragraph num="B."> <text>Clerical employees of a public library, including material processors; and</text> </paragraph> <paragraph num="C."> <text>Public library associates meeting the standards set forth in COMAR 13A.05.04.03.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".07" heading="Certified Teachers—Early Childhood or Infant/Primary."> <paragraph num="A."> <text>Definitions.</text> <paragraph num="(1)"> <text>In this regulation, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="(2)"> <text>Terms Defined.</text> <paragraph num="(a)"> <text>“County board” means a county board of education or the Baltimore City Board of School Commissioners.</text> </paragraph> <paragraph num="(b)"> <text>“Eligible teacher” means an individual who is:</text> <paragraph num="(i)"> <text>Certified to teach early childhood education (nursery—3) or infant/primary (birth—grade 3) in accordance with regulations promulgated by the State Board of Education;</text> </paragraph> <paragraph num="(ii)"> <text>Employed by a county board to perform teaching duties in a position that requires a certificate in early childhood education (nursery—3) or infant/primary (birth—grade 3); and</text> </paragraph> <paragraph num="(iii)"> <text>Enrolled as a member of the local pension system as a condition of employment instead of the Teachers' Pension System.</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>Local Pension System.</text> <paragraph num="(i)"> <text>“Local pension system” means a retirement or pension system operated and administered by a county board for its employees.</text> </paragraph> <paragraph num="(ii)"> <text>“Local pension system” includes the Employees' Retirement System and the Employees' Pension System if the county board is a participating government unit.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Except as provided in §C of this regulation, an individual shall be enrolled in the Teachers' Pension System as a condition of employment if the individual:</text> <paragraph num="(1)"> <text>Is certified to teach early childhood education (nursery—3) or infant/primary (birth—grade 3) in accordance with regulations promulgated by the State Board of Education;</text> </paragraph> <paragraph num="(2)"> <text>Becomes an employee of a county board on or after March 1, 1999, in a position that requires a certificate in early childhood education (nursery—3) or infant/primary (birth—grade 3); and</text> </paragraph> <paragraph num="(3)"> <text>Performs teaching duties for the county board.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Option to Decline Membership.</text> <paragraph num="(1)"> <text>This section applies to an eligible teacher who was employed by a county board before March 1, 1999.</text> </paragraph> <paragraph num="(2)"> <text>This section does not apply to an eligible teacher who:</text> <paragraph num="(a)"> <text>Separated from employment with a county board before March 1, 1999; and</text> </paragraph> <paragraph num="(b)"> <text>Is not reemployed by a county board as an eligible teacher on or after March 1, 1999.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Enrollment in the Teachers' Pension System.</text> <paragraph num="(a)"> <text>Except as provided in §C(3)(b) of this regulation, an eligible teacher shall be enrolled in the Teachers' Pension System on or before January 1, 2000.</text> </paragraph> <paragraph num="(b)"> <text>Election to Decline to Transfer.</text> <paragraph num="(i)"> <text>An eligible teacher may remain in the local pension system administered by the county board that employs the eligible teacher if the eligible teacher declines to transfer the eligible teacher's service credit from the local pension system to the Teachers' Pension System on or before December 1, 1999, as provided in §C(4) of this regulation.</text> </paragraph> <paragraph num="(ii)"> <text>An election by an eligible teacher to decline to transfer service credit is irrevocable.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(4)"> <text>Election to Decline to Transfer Form.</text> <paragraph num="(a)"> <text>The Retirement Agency shall provide an election to decline to transfer to the Teachers' Pension System form to each county board.</text> </paragraph> <paragraph num="(b)"> <text>Each county board shall provide the Retirement Agency form to each eligible teacher who has the right to elect to decline to transfer to the Teachers' Pension System.</text> </paragraph> <paragraph num="(c)"> <text>To decline to transfer to the Teachers' Pension System, an eligible teacher shall complete the form and submit the completed form to the county board and the Retirement Agency on or before December 1, 1999.</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>On or before January 1, 2000, each county board shall provide the Retirement Agency with a schedule showing the name, address, and Social Security number of each eligible teacher who:</text> <paragraph num="(a)"> <text>Is eligible to be enrolled in the Teachers' Pension System; and</text> </paragraph> <paragraph num="(b)"> <text>Received the election to decline to transfer to the Teachers' Pension System form.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>For each eligible teacher who is enrolled in the Teachers' Pension System under §C(3)(a) of this regulation, the county board or the local pension system:</text> <paragraph num="(a)"> <text>Shall certify to the Retirement Agency:</text> <paragraph num="(i)"> <text>The amount of the individual's previous service credit as of June 30, 1998,</text> </paragraph> <paragraph num="(ii)"> <text>The amount of the individual's previous service credit from July 1, 1998 to the date of certification,</text> </paragraph> <paragraph num="(iii)"> <text>The type of the individual's previous service credit,</text> </paragraph> <paragraph num="(iv)"> <text>A record of the individual's earnable compensation,</text> </paragraph> <paragraph num="(v)"> <text>The amount of the member contributions, including interest on the contributions, to the individual's credit in the local pension system,</text> </paragraph> <paragraph num="(vi)"> <text>The tax attributes of the member contributions, and</text> </paragraph> <paragraph num="(vii)"> <text>Any other information required by the Retirement Agency;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>Shall deliver to the Retirement Agency any supporting documentation that the Retirement Agency believes is necessary; and</text> </paragraph> <paragraph num="(c)"> <text>May not provide any benefit for service credit transferred to the Teachers' Pension System.</text> </paragraph> </paragraph> <paragraph num="(7)"> <text>Transfer of Service Credit.</text> <paragraph num="(a)"> <text>Except as provided in §D(7)(b) of this regulation, on enrollment in the Teachers' Pension System on or before January 1, 2000:</text> <paragraph num="(i)"> <text>An individual's service credit accumulated under the local system shall be transferred from the local pension system to the Teachers' Pension System;</text> </paragraph> <paragraph num="(ii)"> <text>The total member contributions, including interest on the contributions, to the individual's credit in the local pension system, if any, shall be transferred to the Teachers' Pension System; and</text> </paragraph> <paragraph num="(iii)"> <text>The eligible teacher shall pay the rate of contribution applicable to a member of the Teachers' Pension System and is eligible for an allowance as provided under the Teachers' Pension System, determined by taking into account the transferred service credit.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>If an eligible teacher transfers to the Teachers' Pension System from a local pension system that is noncontributory, on retirement the eligible teacher's retirement allowance shall be reduced by the actuarial equivalent of the accumulated contributions that would have been deducted if the individual had earned the transferred service credit under the Teachers' Pension System, including interest on those contributions, unless the eligible teacher pays the accumulated contributions, including interest on those contributions, to the Retirement Agency.</text> </paragraph> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">State Personnel and Pensions Article, §§21-108, 21-110, 22-205, 22-208, 23-206, and 23-210, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1996 (22:26 Md. R. 2031)</annotation> <annotation type="History" subtype="Administrative History">Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 adopted effective September 6, 1999 (26:18 Md. R. 1378)</annotation> </annotations> </chapter> </subtitle> <subtitle num="05" heading="Service Credit"> <chapter num="01" heading="Qualifying Leaves of Absence"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter does not apply to the Judges' Retirement System or the Legislative Pension Plan.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definition."> <text>“Qualifying leave of absence” means a leave of absence for a period not exceeding 2 years which is approved by a member's employer for one of the following reasons:</text> <paragraph num="A."> <text>Personal illness;</text> </paragraph> <paragraph num="B."> <text>Birth of a child;</text> </paragraph> <paragraph num="C."> <text>Study;</text> </paragraph> <paragraph num="D."> <text>Temporary assignment with another governmental employer; or</text> </paragraph> <paragraph num="E."> <text>Legal adoption of a child.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Service Credit for a Qualifying Leave of Absence."> <paragraph num="A."> <text>Grant of Eligibility and Creditable Service for a Qualifying Leave of Absence.</text> <paragraph num="(1)"> <text>Except as provided in §A(2) of this regulation, to receive eligibility and creditable service for a period of absence from employment that is determined by the Retirement Agency to be a qualifying leave of absence, a member shall:</text> <paragraph num="(a)"> <text>Submit a completed form to request a qualifying leave of absence form to the Retirement Agency as provided in §D of this regulation; and</text> </paragraph> <paragraph num="(b)"> <text>Pay the member contributions with regular interest as provided under §C of this regulation:</text> <paragraph num="(i)"> <text>Before separation from employment; or</text> </paragraph> <paragraph num="(ii)"> <text>If the individual is separated from employment, within 60 days after the expiration of the leave of absence.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>A member may not receive eligibility or creditable service credit for a qualifying leave of absence if the individual is otherwise entitled to receive eligibility and creditable service during the period of the member’s absence under State Personnel and Pensions Article, Division II or III, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Benefit Calculation.</text> <paragraph num="(1)"> <text>Except as provided in §B(2) of this regulation, creditable service for a member on a qualifying leave of absence shall be based on the full-time equivalent for the member's position as certified by the member's participating employer under COMAR 22.04.01 on the effective date of the leave, and earnable compensation shall be based on the actual salary for the member’s position on the effective date of the leave.</text> </paragraph> <paragraph num="(2)"> <text>For a member of the Employees’ Pension System, Law Enforcement Officers’ Pension System, Local Fire and Police System, or Teachers’ Pension System who works on a part-time basis, creditable service for a qualifying leave of absence shall be pro-rated, and earnable compensation shall be based on the full-time equivalent salary for the member's position on the effective date of the leave.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Member Contributions.</text> <paragraph num="(1)"> <text>A member shall pay the Retirement Agency the member contributions as determined under this section, together with regular interest on the contributions compounded annually to the date of payment.</text> </paragraph> <paragraph num="(2)"> <text>Except as provided in §C(3) of this regulation, a member shall pay the member contributions based on the salary for the member's position as of the effective date of the qualifying leave of absence.</text> </paragraph> <paragraph num="(3)"> <text>A member of the Employees' Pension System or the Teachers' Pension System who is not subject to the contributory pension benefit and who was receiving earnable compensation in excess of the Social Security taxable wage base on the effective date of the qualifying leave of absence shall pay the member contributions payable on the excess.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Filing Procedures.</text> <paragraph num="(1)"> <text>A member shall properly complete and submit the form available from the Retirement Agency to request a qualifying leave of absence.</text> </paragraph> <paragraph num="(2)"> <text>The request for a qualifying leave of absence form shall:</text> <paragraph num="(a)"> <text>State the term of the leave approved by the employer, not to exceed 2 years, including the dates that the qualifying leave of absence begins and ends;</text> </paragraph> <paragraph num="(b)"> <text>Specify the type of qualifying leave;</text> </paragraph> <paragraph num="(c)"> <text>Contain certification by the member’s employer that:</text> <paragraph num="(i)"> <text>The employee was placed on a leave of absence for the term and reason specified on the form; and</text> </paragraph> <paragraph num="(ii)"> <text>The leave of absence has been approved by a member's employer; and</text> </paragraph> </paragraph> <paragraph num="(d)"> <text>Require the member to provide any documentation or information that is requested by the Retirement Agency, including a letter of explanation from the member's employer if the leave of absence has been approved for a temporary assignment with another governmental employer.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Except as provided in §D(4) of this regulation, to protect a member's benefits while on a qualifying leave of absence, including any death benefits, a member shall submit a completed form requesting a qualifying leave of absence to the Retirement Agency before the member is placed on the qualifying leave of absence. A member's employer representative may complete and submit the form to the Retirement Agency on the member's behalf.</text> </paragraph> <paragraph num="(4)"> <text>Waiver of Filing Requirement.</text> <paragraph num="(a)"> <text>The Executive Director may waive the requirements for filing a request for a qualifying leave of absence form before a member is placed on a qualifying leave of absence on a showing by the member of good cause.</text> </paragraph> <paragraph num="(b)"> <text>The Executive Director shall waive the requirement for filing a request for a qualifying leave of absence form before a member is placed on a qualifying leave of absence for a terminal illness for a period of up to 6 months following the last contribution or payroll report and shall treat the member as if the member is on a qualifying leave of absence unless the employer notifies the system to the contrary.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Term of a Qualifying Leave of Absence."> <paragraph num="A."> <text>A qualifying leave of absence ends upon the earlier of:</text> <paragraph num="(1)"> <text>The end of the term of the leave approved by the member’s employer and determined by the Retirement Agency to be a qualifying leave of absence;</text> </paragraph> <paragraph num="(2)"> <text>The date the member returns to work with the member’s employer; or</text> </paragraph> <paragraph num="(3)"> <text>Separation from employment.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Unless the member returns to work with the member’s employer or separates from employment, a request for a qualifying leave of absence may not be withdrawn or discontinued earlier than the end of the term of the leave approved by the member’s employer and determined by the Retirement Agency to be a qualifying leave of absence.</text> </paragraph> <paragraph num="C."> <text>An individual may not retire with a disability retirement allowance or a service retirement allowance prior to the earlier of:</text> <paragraph num="(1)"> <text>Separation from employment; or</text> </paragraph> <paragraph num="(2)"> <text>The expiration of a qualifying leave of absence.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">State Personnel and Pensions Article, §§21-110, 22-303.1, 22-304, 23-304.1, 23-306, 24-304.1, 24-305, 25-304.1,25-305, 26-306, 26-306.1, 28-306, and 28-306.1, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1996 (22:26 Md. R. 2031)</annotation> <annotation type="History" subtype="Administrative History">Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective February 2, 2004 (31:2 Md. R. 85)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective June 13, 2011 (38:12 Md. R. 707); September 15, 2014 (41:18 Md. R. 1011)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 amended effective February 2, 2004 (31:2 Md. R. 85); September 15, 2014 (41:18 Md. R. 1011)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03A, C amended effective June 13, 2011 (38:12 Md. R. 707)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 adopted effective September 15, 2014 (41:18 Md. R. 1011)</annotation> </annotations> </chapter> <chapter num="02" heading="Creditable Service"> <regulation prefix="Regulation" num=".01" heading="10-Month Employees."> <paragraph num="A."> <text>This regulation applies only to an individual who:</text> <paragraph num="(1)"> <text>Is employed by:</text> <paragraph num="(a)"> <text>A county board of education;</text> </paragraph> <paragraph num="(b)"> <text>The Board of School Commissioners for Baltimore City;</text> </paragraph> <paragraph num="(c)"> <text>The State; or</text> </paragraph> <paragraph num="(d)"> <text>A participating governmental unit; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Works in an ancillary educational program on a 10-month school year basis instead of a 12-month calendar year basis.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Subject to §C of this regulation, at retirement or on receipt of a vested allowance, a member or former member of the Employees' Pension System, Employees' Retirement System, Teachers' Pension System, or Teachers' Retirement System shall receive 1 year of creditable service for each year that the member or former member worked on a 10-month school year basis.</text> </paragraph> <paragraph num="C."> <text>At retirement or on receipt of a vested allowance, the creditable service of a member or former member shall be pro-rated if the member or former member:</text> <paragraph num="(1)"> <text>Participated in the Employees' Pension System or the Teachers' Pension System; and</text> </paragraph> <paragraph num="(2)"> <text>Worked less than the minimum number of hours to be completed by a full-time employee serving in the member's position.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Retroactive Credit."> <paragraph num="A."> <text>The Secretary to the Board of Trustees may approve retroactive payments by a member of a State system, if, in the secretary's discretion, the request is justified.</text> </paragraph> <paragraph num="B."> <text>The Secretary to the Board of Trustees shall report a denial of a member's request to the Board of Trustees for review.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">State Personnel and Pensions Article, §21-110, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1996 (22:26 Md. R. 2031)</annotation> <annotation type="History" subtype="Administrative History">Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 repealed and new Regulation .01 adopted effective December 12, 2002 (29:24 Md. R. 1920)</annotation> </annotations> </chapter> <chapter num="03" heading="Purchase of Service Credit"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter applies to a member of the Employees' Pension System who is seeking to purchase credit for eligibility service for previous service in a position described in State Personnel and Pensions Article, §23-204(a), Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Purchase of Credit for Previous Service."> <paragraph num="A."> <text>At any time before retirement, a member may purchase credit for eligibility service for each period of previous service in a position described in State Personnel and Pensions Article, §23-204(a), Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>Except as provided in §C of this regulation, to purchase the service credit, the member shall pay, in a single payment to the Retirement Agency, the sum of:</text> <paragraph num="(1)"> <text>The employer contributions that would have been paid on behalf of the member had the member elected to join the Employees' Pension System during the period of previous service;</text> </paragraph> <paragraph num="(2)"> <text>The member contributions that would have been deducted from the member's earnable compensation under State Personnel and Pensions Article, §23-212, Annotated Code of Maryland, if any, had the member elected to join the Employees' Pension System during the period of previous service; and</text> </paragraph> <paragraph num="(3)"> <text>Interest on the amounts determined under §B(1) and (2) of this regulation at the rate of interest in effect in the year of purchase based on the actuarial assumptions adopted by the Board of Trustees compounded annually.</text> </paragraph> </paragraph> <paragraph num="C."> <text>On receipt of documentation satisfactory to the Executive Director that a member did not elect to join the Employees' Pension System because the member was not aware of the member's option to elect to join the System, to purchase the service credit the member shall pay, in a single payment to the Retirement Agency, the sum of:</text> <paragraph num="(1)"> <text>The member contributions that would have been deducted from the member's earnable compensation under State Personnel and Pensions Article, §23-212, Annotated Code of Maryland, if any, had the member elected to join the Employees' Pension System during the period of previous service; and</text> </paragraph> <paragraph num="(2)"> <text>Interest on the amounts determined under §C(1) of this regulation at the regular rate of interest compounded annually to the date of payment.</text> </paragraph> </paragraph> <paragraph num="D."> <text>The Retirement Agency shall calculate the member's cost to purchase credit for eligibility service on receipt of documentation satisfactory to the Retirement Agency which verifies the following information:</text> <paragraph num="(1)"> <text>The member's previous service in a position described in State Personnel and Pensions Article, §23-204(a), Annotated Code of Maryland;</text> </paragraph> <paragraph num="(2)"> <text>The period of the member's previous service;</text> </paragraph> <paragraph num="(3)"> <text>The member's earnable compensation during the member's previous service; and</text> </paragraph> <paragraph num="(4)"> <text>Any documentation required under §C of this regulation to substantiate a member's claim that the member did not know about the member's option to elect to join the Employees' Pension System.</text> </paragraph> </paragraph> <paragraph num="E."> <text>If the Executive Director rejects a member's request to purchase the service credit by paying the amount determined under §C of this regulation, the member may request a hearing under COMAR 22.03.04.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">State Personnel and Pensions Article, §§21-108, 21-110 and 23-307(b), Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1996 (22:26 Md. R. 2031)</annotation> <annotation type="History" subtype="Administrative History">Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective September 6, 1999 (26:18 Md. R. 1378)</annotation> </annotations> </chapter> <chapter num="04" heading="Military Service Credit"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter applies to a member of a State system who is seeking to receive service credit for military service in accordance with State Personnel and Pensions Article, §38-103 or 38-104, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>Member.</text> <paragraph num="(a)"> <text>“Member” means an individual:</text> <paragraph num="(i)"> <text>For whom membership in a State system is a condition of employment; or</text> </paragraph> <paragraph num="(ii)"> <text>For whom membership in a State system is optional and who has elected to become a member of that State system.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>“Member” does not include a former member or retiree.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Military service” has the meaning stated in State Personnel and Pensions Article, §38-101(d), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(3)"> <text>“State system” has the meaning stated in State Personnel and Pensions Article, §38-101(g), Annotated Code of Maryland.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Claiming Credit for Military Service that Interrupts Membership."> <text>In order to claim credit for military service pursuant to State Personnel and Pensions Article, §38-103, Annotated Code of Maryland, an eligible member of a State system shall submit a completed application in the form that the State Retirement Agency provides, along with all documentation required by the State Retirement Agency.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Claiming Credit for Prior Military Service"> <paragraph num="A."> <text>In order to claim for military service pursuant to State Personnel and Pensions Article, §38-104, Annotated Code of Maryland, an eligible member of a State system shall submit a completed application in the form that the State Retirement Agency provides, along with all documentation required by the State Retirement Agency.</text> </paragraph> <paragraph num="B."> <text>The State Retirement Agency may not accept an application to claim military service from a member until the member has attained at least 10 years of creditable service in a State system.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">State Personnel and Pensions Article, §§21-110, 38-103, and 38-104, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 4, 2005 (32:13 Md. R. 1117)</annotation> </annotations> </chapter> <chapter num="05" heading="Transfers of Service Credit — Waivers"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This chapter applies to an individual who has accrued service credit in a State or local retirement or pension system, has accepted new employment in a position requiring membership in one of the several systems, and did not make a claim to transfer the previous service credit within 1 year after becoming a member of one of the several systems as required under State Personnel and Pensions Article, §37-203 or 37-203.1, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Claim for Transfer."> <text>In order to make a claim to transfer service credit from the member's previous system under State Personnel and Pensions Article, §37-203 or 37-203.1, Annotated Code of Maryland, an eligible member shall, within 1 year of becoming a member of the new system:</text> <paragraph num="A."> <text>Submit a completed application to transfer the service credit in the form that the Retirement Agency provides, along with all documentation required by the Retirement Agency; and</text> </paragraph> <paragraph num="B."> <text>Deposit into the annuity savings fund of the new system any member contributions plus interest that are required to be deposited pursuant to State Personnel and Pensions Article, §37-203 or 37-203.1, Annotated Code of Maryland.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Automatic Waiver of 1-Year Requirement."> <paragraph num="A."> <text>The Agency shall grant an automatic waiver of the 1-year filing requirement if:</text> <paragraph num="(1)"> <text>The member submits a completed application to transfer the service credit in the form that the Retirement Agency provides, along with all documentation required by the Retirement Agency, within 1 year of becoming a member of the new system;</text> </paragraph> <paragraph num="(2)"> <text>The required deposit of member contributions plus interest, in accordance with Regulation .02B of this chapter, does not occur within 1 year; and</text> </paragraph> <paragraph num="(3)"> <text>The delay in the deposit of member contributions is attributable solely to the failure of the member's previous employer to transfer the member contributions.</text> </paragraph> </paragraph> <paragraph num="B."> <text>The Agency may not apply the transferred service credit to the member's account until the required deposit of member contributions plus interest is made, in accordance with Regulation .02B of this chapter.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Requests for Waiver of 1-Year Requirement."> <paragraph num="A."> <text>A member who fails to make a claim to transfer service credit within 1 year of becoming a member of the new system in accordance with Regulation .02 of this chapter for any reason other than is set forth in Regulation .03 of this chapter, may request the Executive Director to accept the member's claim to transfer service credit accrued in the individual's previous system by submitting a written statement, along with any supporting documentation, which details the reasons why the member did not make a claim to transfer service credit within 1 year of becoming a member of the new system.</text> </paragraph> <paragraph num="B."> <text>A request for a waiver shall be made within 4 years of becoming a member of the new system. A member or former member who became eligible to transfer service credit prior to July 1, 2007, may apply for a waiver of the 1-year requirement on or before June 30, 2011.</text> </paragraph> <paragraph num="C."> <text>A member who requests a waiver based on Regulation .05A(2) of this chapter shall provide written certification from the member's previous or current employer that the sole reason that the member failed to make a claim within 1 year was due to misinformation from or mishandling by the member's employer. The written certification shall be from the member's appointing authority, the Secretary or the Deputy Secretary of the member's principal department, or, if the member does not work for a principal department, the equivalent agency head.</text> </paragraph> <paragraph num="D."> <text>Upon receipt of a request for waiver, the Executive Director may request, and the member shall provide, any additional information or documentation that the Executive Director considers appropriate to substantiate the member's request.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Review of a Request for Waiver of 1-Year Requirement by the Executive Director."> <paragraph num="A."> <text>The Executive Director may accept a member's request for a waiver if the member demonstrates, to the satisfaction of the Executive Director, that:</text> <paragraph num="(1)"> <text>The member's failure to make a claim to transfer service credit within 1 year was attributable solely to physical or mental incapacity during the filing period; or</text> </paragraph> <paragraph num="(2)"> <text>The member's failure to make a claim to transfer service credit within 1 year was attributable solely to misinformation or mishandling by the member's employer, and the member provides the certification required in Regulation .04C of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If the Executive Director denies a request for a waiver, the Executive Director shall present the decision to the Administrative Committee of the Board of Trustees for review at a regular meeting of the Committee. The Executive Director shall notify the member of the date of the Administrative Committee meeting at which time the member shall have an opportunity to be heard.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Review of the Denial of a Request for Waiver by the Administrative Committee of the Board of Trustees."> <paragraph num="A."> <text>The Administrative Committee may overturn the decision of the Executive Director and accept a member's request for a waiver if the Administrative Committee finds that the member's failure to make a claim to transfer service credit within 1 year was due to one of the reasons specified in Regulation .05A of this chapter.</text> </paragraph> <paragraph num="B."> <text>The review of the denial of a request for a waiver by the Administrative Committee is not a contested case under State Government Article, §10-202, Annotated Code of Maryland, for which a hearing is required under COMAR 22.03.04.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">State Personnel and Pensions Article, §§21-110, 37-203, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: March 24, 2008 (35:6 Md. R. 701)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C amended effective February 23, 2009 (36:4 Md. R. 356)</annotation> </annotations> </chapter> <chapter num="06" heading="Service Credit for Officers of Employee Organizations"> <regulation prefix="Regulation" num=".01" heading="Definitions."> <paragraph num="A."> <text>In this chapter, the following term has the meaning indicated.</text> </paragraph> <paragraph num="B."> <text>Term Defined. “Employee organization” means an organization designated as the exclusive representative under a public bargaining law or the State affiliate of an organization so designated.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Grant of Eligibility and Creditable Service Credit."> <text>A member who is elected to serve as a full-time executive officer of an employee organization may receive eligibility and creditable service for the period the member serves as such officer if, during that period:</text> <paragraph num="A."> <text>the member remits member contributions, if any; and</text> </paragraph> <paragraph num="B."> <text>the participating employer remits employer contributions payable with respect to the member’s earnable compensation as provided in the member’s State system. The employee organization may not remit payments of member or employer contributions to the Retirement Agency.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Limits on Service Credit."> <text>If the member elected as an officer of the employee organization becomes eligible to receive a retirement benefit of any type from the employee organization, the member shall notify the Retirement Agency and is subject to the following limitations with respect to his retirement benefit from the State system:</text> <paragraph num="A."> <text>The member may only receive a maximum of 5 years eligibility and creditable service; and</text> </paragraph> <paragraph num="B."> <text>The member must have 5 years of eligibility or creditable service with one or more participating employers before receiving eligibility or creditable service for time spent as an officer of an employee organization.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">State Personnel and Pensions Article, §§21-110, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: June 13, 2011 (38:12 Md. R. 707)</annotation> </annotations> </chapter> </subtitle> <subtitle num="06" heading="Disability Retirement"> <chapter num="01" heading="Definitions and General Provisions"> <regulation prefix="Regulation" num=".01" heading="Scope."> <text>This subtitle does not apply to the Judges' Retirement System or the Legislative Pension Plan.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this subtitle, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Accidental disability retirement ”means:</text> <paragraph num="(a)"> <text>An accidental disability retirement allowance granted in accordance with State Personnel and Pensions Article, §29-109, Annotated Code of Maryland; or</text> </paragraph> <paragraph num="(b)"> <text>A special disability retirement allowance granted to a member of the State Police Retirement System in accordance with State Personnel and Pensions Article, §29-111, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>“Applicant” means a member or former member who is the subject of a claim for disability retirement.</text> </paragraph> <paragraph num="(3)"> <text>“Application for Disability Retirement” means the form available from the Retirement Agency that:</text> <paragraph num="(a)"> <text>Is submitted to the Retirement Agency after the Board of Trustees grants a disability retirement to an applicant;</text> </paragraph> <paragraph num="(b)"> <text>Signifies the applicant’s acceptance of a disability retirement; and</text> </paragraph> <paragraph num="(c)"> <text>If permitted under State Personnel and Pensions Article, §21-401(a), Annotated Code of Maryland, includes:</text> <paragraph num="(i)"> <text>The applicant’s election of the basic allowance or one of the optional forms of allowance payable in accordance with State Personnel and Pensions Article, §21-403, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(ii)"> <text>The applicant’s designation of beneficiary.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(4)"> <text>“Board Secretary” means the Secretary for the Board of Trustees.</text> </paragraph> <paragraph num="(5)"> <text>“Disability form” means:</text> <paragraph num="(a)"> <text>An Application for Disability Retirement;</text> </paragraph> <paragraph num="(b)"> <text>A Preliminary Application for Disability Retirement; or</text> </paragraph> <paragraph num="(c)"> <text>A Statement of Disability.</text> </paragraph> </paragraph> <paragraph num="(6)"> <text>“Disability retirement” means an accidental disability retirement or an ordinary disability retirement.</text> </paragraph> <paragraph num="(7)"> <text>“Disability Unit” means the unit established within the Member Services Division of the Retirement Agency.</text> </paragraph> <paragraph num="(8)"> <text>“Disabled” means the:</text> <paragraph num="(a)"> <text>Applicant is mentally or physically incapacitated for the further performance of the normal duties of the applicant's position;</text> </paragraph> <paragraph num="(b)"> <text>Incapacity is likely to be permanent; and</text> </paragraph> <paragraph num="(c)"> <text>Applicant should be retired.</text> </paragraph> </paragraph> <paragraph num="(9)"> <text>“Former member” has the meaning stated in State Personnel and Pensions Article, §20-101(t), Annotated Code of Maryland.</text> </paragraph> <paragraph num="(10)"> <text>“Independent medical evaluation” means an evaluation by a medical practitioner who:</text> <paragraph num="(a)"> <text>Has expertise in the diagnosis and treatment of the medical condition of the applicant;</text> </paragraph> <paragraph num="(b)"> <text>Is not a treating physician of the applicant; and</text> </paragraph> <paragraph num="(c)"> <text>Is retained by the Retirement Agency to provide an independent medical opinion.</text> </paragraph> </paragraph> <paragraph num="(11)"> <text>“Judge” means an administrative law judge at the Office of Administrative Hearings.</text> </paragraph> <paragraph num="(12)"> <text>“Medical board” means a board of physicians provided for in State Personnel and Pensions Article, §21-126, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(13)"> <text>“Office” means the Office of Administrative Hearings established as a unit of State government within the Executive Branch responsible for conducting hearings under State Government Article, Title 9, Subtitle 16, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(14)"> <text>“Ordinary disability retirement” means an ordinary disability retirement allowance granted in accordance with State Personnel and Pensions Article, §29-105, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(15)"> <text>“Party” means the Retirement Agency or the applicant whose rights are being adjudicated at a hearing conducted by a judge at the Office.</text> </paragraph> <paragraph num="(16)"> <text>“Preliminary Application for Disability Retirement” means the form available from the Retirement Agency that:</text> <paragraph num="(a)"> <text>Is submitted to the Retirement Agency contemporaneously with the Statement of Disability;</text> </paragraph> <paragraph num="(b)"> <text>Signifies an applicant’s acceptance of a disability retirement in the event that the applicant is awarded a disability retirement but dies before the first to occur of the following:</text> <paragraph num="(i)"> <text>The date the applicant submits an Application for Disability Retirement; or</text> </paragraph> <paragraph num="(ii)"> <text>The date required for submitting an Application for Disability Retirement under COMAR 22.06.05.03 or .04; and</text> </paragraph> </paragraph> <paragraph num="(c)"> <text>If permitted under State Personnel and Pensions Article, §21-401(a), Annotated Code of Maryland, includes:</text> <paragraph num="(i)"> <text>The applicant’s election of one of the optional forms of allowance payable in accordance with State Personnel and Pensions Article, §21-403(a) or (b, Annotated Code of Maryland); and</text> </paragraph> <paragraph num="(ii)"> <text>The applicant’s designation of beneficiary.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(17)"> <text>“Service retirement” means a service retirement allowance or a vested allowance payable under State Personnel and Pensions Article, Division II, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(18)"> <text>“Statement of Disability” means the form available from the Retirement Agency that:</text> <paragraph num="(a)"> <text>Is submitted to the Retirement Agency to request an ordinary disability retirement;</text> </paragraph> <paragraph num="(b)"> <text>States whether or not the applicant seeks an accidental disability retirement; and</text> </paragraph> <paragraph num="(c)"> <text>Provides the information and documentation required under COMAR 22.06.02.02.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Completion and Submission of a Disability Form."> <paragraph num="A."> <text>Completion of a Disability Form.</text> <paragraph num="(1)"> <text>A disability form is properly completed only if the form:</text> <paragraph num="(a)"> <text>Is dated and signed in accordance with §A(2) of this regulation;</text> </paragraph> <paragraph num="(b)"> <text>If the form is an Application for Disability Retirement or Preliminary Application for Disability Retirement, is properly acknowledged by a notary public; and</text> </paragraph> <paragraph num="(c)"> <text>Is completed in accordance with:</text> <paragraph num="(i)"> <text>The form’s instructions; and</text> </paragraph> <paragraph num="(ii)"> <text>If the form is a Statement of Disability, the requirements set forth in COMAR 22.06.02.02.</text> </paragraph> </paragraph> </paragraph> <paragraph num="(2)"> <text>Signature Requirements.</text> <paragraph num="(a)"> <text>Except as provided in §A(2)(b) of this regulation, a disability form shall be signed and dated by the applicant.</text> </paragraph> <paragraph num="(b)"> <text>If a disability form is completed for an applicant in accordance with State Personnel and Pensions Article, §29-103, Annotated Code of Maryland, and COMAR 22.06.02.03, the form shall be dated and signed by the individual with authority to submit the form on behalf of the applicant.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Submission of a Disability Form.</text> <paragraph num="(1)"> <text>A disability form is submitted on the date that it is received by the Retirement Agency at the mailing address provided on the form.</text> </paragraph> <paragraph num="(2)"> <text>A disability form is not considered submitted if it is provided to the employer of an applicant.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="When Membership in a State System Ends."> <paragraph num="A."> <text>Membership in a State system ends in accordance with the provisions of State Personnel and Pensions Article, Division II, Annotated Code of Maryland.</text> </paragraph> <paragraph num="B."> <text>In the event of the death of a member, membership continues until 11:59 p.m. on the date of death of the member.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Effect of Not Diligently Pursuing Claim or Accepting Disability Award."> <paragraph num="A."> <text>An applicant shall diligently pursue the applicant's claim for disability retirement.</text> </paragraph> <paragraph num="B."> <text>Subject to §C of this regulation, the Retirement Agency shall close an applicant's file if the applicant:</text> <paragraph num="(1)"> <text>Does not provide the Retirement Agency information or documentation requested by the Retirement Agency or the medical board within 45 days of the date of the request;</text> </paragraph> <paragraph num="(2)"> <text>Does not agree to report for an independent medical evaluation;</text> </paragraph> <paragraph num="(3)"> <text>Fails to report for a scheduled independent medical evaluation and does not request a postponement at least 5 business days before the date of the evaluation;</text> </paragraph> <paragraph num="(4)"> <text>If the Board of Trustees awards the applicant a disability retirement, fails to accept a disability retirement or a service retirement within 120 days of the date of the Board of Trustees’ award;</text> </paragraph> <paragraph num="(5)"> <text>Fails to comply with any time requirement in this subtitle; or</text> </paragraph> <paragraph num="(6)"> <text>Otherwise fails to diligently pursue the applicant’s claim for disability retirement.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Extensions.</text> <paragraph num="(1)"> <text>The Retirement Agency may provide not more than one extension of the date to respond to a request under §B1 of this regulation, for a period not to exceed 45 days, if an emergency or other extenuating circumstances prevented an applicant from timely responding to the request.</text> </paragraph> <paragraph num="(2)"> <text>In the case of a request to postpone an appointment for an independent medical evaluation that is received fewer than 5 business days of the date of the scheduled evaluation, the Retirement Agency may only grant the request upon a showing of an emergency or other extenuating circumstances that prevented the applicant’s attendance at the evaluation. The Retirement Agency may require that the applicant make the postponement request in writing and provide documentation to support the request.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Effect of Closing File.</text> <paragraph num="(1)"> <text>If the Retirement Agency closes an applicant’s file, the applicant’s disability claim is terminated.</text> </paragraph> <paragraph num="(2)"> <text>Closing an applicant’s file is not a final decision. The applicant may file a new disability claim if the applicant is eligible to apply at the time that the new disability claim is filed.</text> </paragraph> <paragraph num="(3)"> <text>If an applicant chooses to file a new disability claim, a new Statement of Disability and Preliminary Application for Disability Retirement must be properly completed and timely submitted in accordance with the requirements of State Personnel and Pensions Article, Title 29, Annotated Code of Maryland, and this subtitle.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Access to File."> <text>On written request, an applicant may review the applicant's record on file at the Retirement Agency during normal business hours.</text> </regulation> <annotations> <annotation type="Authority">State Personnel and Pensions Article, §§21-110 and 29-101—29-118, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1996 (22:26 Md. R. 2031)</annotation> <annotation type="History" subtype="Administrative History">Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 15, 2012 (39:20 Md. R. 1309)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective November 24, 2016 (43:23 Md. R. 1280)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04B amended effective November 24, 2016 (43:23 Md. R. 1280)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05B, C amended effective November 24, 2016 (43:23 Md. R. 1280)</annotation> </annotations> </chapter> <chapter num="02" heading="Filing for Disability Retirement"> <regulation prefix="Regulation" num=".01" heading="Filing for Disability Retirement."> <text>Except as provided in State Personnel and Pensions Article, §29-104, Annotated Code of Maryland, and Regulations .03 and .04 of this chapter, to apply for disability retirement, a member must properly complete and submit a Statement of Disability and Preliminary Application for Disability Retirement before the date membership ends.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Statement of Disability."> <paragraph num="A."> <text>A Statement of Disability submitted to the Retirement Agency shall:</text> <paragraph num="(1)"> <text>Identify the mental or physical condition that is claimed to have permanently incapacitated the applicant for the further performance of the normal duties of the applicant’s position;</text> </paragraph> <paragraph num="(2)"> <text>Give the applicant’s consent to report for one or more independent medical evaluations at the request of the Retirement Agency; and</text> </paragraph> <paragraph num="(3)"> <text>Provide the information and documents requested by the Retirement Agency, including but not limited to:</text> <paragraph num="(a)"> <text>A report completed by the applicant’s physician in the format required by the Retirement Agency;</text> </paragraph> <paragraph num="(b)"> <text>A written authorization for the release of medical records and personnel records to the Retirement Agency, medical board, and the physicians designated by the Retirement Agency;</text> </paragraph> <paragraph num="(c)"> <text>A copy of the applicant’s position description that is signed and dated by the applicant’s employer;</text> </paragraph> <paragraph num="(d)"> <text>Any reports of injury filed with the applicant’s employer;</text> </paragraph> <paragraph num="(e)"> <text>Any disability determinations rendered by the Social Security Administration;</text> </paragraph> <paragraph num="(f)"> <text>The applicant’s attendance record for the 12-month period preceding the submission of the Statement of Disability; and</text> </paragraph> <paragraph num="(g)"> <text>The applicant’s most recent written employment performance evaluation, if any.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>In addition to the requirements set forth in §A of this regulation, if accidental disability retirement is requested, a Statement of Disability shall:</text> <paragraph num="(1)"> <text>Identify:</text> <paragraph num="(a)"> <text>Every work-related accident that is claimed to entitle the applicant to accidental disability retirement; or</text> </paragraph> <paragraph num="(b)"> <text>If the applicant is in the State Police Retirement System or Law Enforcement Officers’ Pension System, every work-related accident or work-related condition that is claimed to entitle the applicant to accidental disability retirement; and</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Provide any workers’ compensation awards related to the claim for accidental disability retirement.</text> </paragraph> </paragraph> <paragraph num="C."> <text>An applicant who, at the time of submission of a Statement of Disability, fails to request accidental disability retirement or fails to identify a work-related accident in accordance with §B of this regulation may not later request accidental disability retirement or submit a new claim for accidental disability retirement based upon a work-related accident that took place before the date the applicant submitted the Statement of Disability.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Filing for Disability Retirement for a Member."> <paragraph num="A."> <text>In this regulation, “department head” means the individual who has the power to make appointments and terminate employment with regard to the member’s position.</text> </paragraph> <paragraph num="B."> <text>Except as provided in §§C and D of this regulation, and subject to §E of this regulation, if a member is unable to apply for disability retirement, the member's department head may apply for disability retirement for the member.</text> </paragraph> <paragraph num="C."> <text>If a member of the Teachers' Pension System or Teachers' Retirement System is unable to apply for disability retirement, subject to §E of this regulation, the member’s State or county superintendent may file for disability retirement for the member.</text> </paragraph> <paragraph num="D."> <text>State Police Retirement System.</text> <paragraph num="(1)"> <text>Subject to §E of this regulation, the Secretary of State Police may apply for disability retirement for a member of the State Police Retirement System if the following criteria are satisfied:</text> <paragraph num="(a)"> <text>The member:</text> <paragraph num="(i)"> <text>Is unable to apply for disability retirement; or</text> </paragraph> <paragraph num="(ii)"> <text>Refuses a request of the Secretary of State Police to apply for disability retirement;</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The Secretary of State Police has determined that the member is permanently disabled based on sufficient medical evidence in the form of a written professional opinion from an independent medical practitioner who has recognized expertise in the diagnosis and treatment of the medical condition of the member;</text> </paragraph> <paragraph num="(c)"> <text>The onset of the disability occurred at least 1 year before filing for disability retirement; and</text> </paragraph> <paragraph num="(d)"> <text>The member has used any administrative leave granted under Public Safety Article, §2-410, Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Procedures upon Submission of Application.</text> <paragraph num="(a)"> <text>When submitting an application for disability for a member, the Secretary of State Police shall:</text> <paragraph num="(i)"> <text>Submit the medical records and other documentation relied upon for the determination; and</text> </paragraph> <paragraph num="(ii)"> <text>Provide a copy of the application and documentation submitted in support of the application to the member.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The member may submit additional documentation to the Retirement Agency regarding the application for disability.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>If the Board of Trustees approves an application for disability retirement filed by the Secretary of State Police on behalf of a member of the State Police Retirement System, the member on whose behalf the application is filed shall be entitled to a hearing to contest a finding of disability in accordance with COMAR 22.06.06.02A(2), unless the member waives the hearing in writing.</text> </paragraph> </paragraph> <paragraph num="E."> <text>Filing Requirements.</text> <paragraph num="(1)"> <text>To apply for disability retirement for a member, a Statement of Disability and Preliminary Application for Disability Retirement must be properly completed and submitted to the Retirement Agency before the date membership ends.</text> </paragraph> <paragraph num="(2)"> <text>Beneficiary and Option Election.</text> <paragraph num="(a)"> <text>If a Preliminary Application for Disability Retirement is submitted for a member who is unable to apply, and if the election of an option and designation of beneficiary is permitted under State Personnel and Pensions Article, §21-401(a), Annotated Code of Maryland:</text> <paragraph num="(i)"> <text>The last designation of beneficiary form that was properly completed and filed with the Retirement Agency by the member shall serve as the designation of beneficiary for purposes of the Preliminary Application for Disability Retirement; and</text> </paragraph> <paragraph num="(ii)"> <text>If the member’s spouse or disabled child as defined under §72(m)(7) of the Internal Revenue Code is the sole primary beneficiary, then the member will be deemed to have selected option 2, payable under State Personnel and Pensions Article, §21-403(b), Annotated Code of Maryland; otherwise, the member will be deemed to have selected option 1, payable under State Personnel and Pensions Article, §21-403(a), Annotated Code of Maryland.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>In the event that the member is later able to apply for disability retirement, the member may submit a revised Preliminary Application for Disability Retirement to update the member’s option election and beneficiary designation; however, the member may change the option election only if the member notifies the Retirement Agency before the first allowance payment normally becomes due.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Disability Form Filed by a Former Member."> <paragraph num="A."> <text>A former member who satisfies the requirements set forth in §B of this regulation may apply for disability retirement only if the former member proves to the satisfaction of the medical board that the failure to apply for disability retirement before the date membership ended was attributable solely to the physical or mental incapacity of the former member during membership.</text> </paragraph> <paragraph num="B."> <text>Applying for a Disability Retirement.</text> <paragraph num="(1)"> <text>To apply for disability retirement, a former member shall:</text> <paragraph num="(a)"> <text>Properly complete and submit a Statement of Disability and Preliminary Application for Disability Retirement within 24 months after the month membership ended; or</text> </paragraph> <paragraph num="(b)"> <text>If the former member was in the Teachers’ Retirement System, properly complete and submit a Statement of Disability and Preliminary Application for Disability Retirement within 12 months after the month membership ended.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>At the time the former member submits the required disability forms, the former member shall submit documentary evidence and a written statement attesting that the former member’s failure to submit the disability forms before the date membership ended was attributable solely to the physical or mental incapacity of the former member before the date membership ended.</text> </paragraph> </paragraph> <paragraph num="C."> <text>To determine whether the former member’s failure to apply for disability retirement before the date membership ended was attributable solely to the physical or mental incapacity of the former member during the filing period, the medical board:</text> <paragraph num="(1)"> <text>Shall consider whether the former member’s physical or mental impairment substantially limited the applicant’s major life activities during the filing period;</text> </paragraph> <paragraph num="(2)"> <text>Shall review the evidence submitted by the former member in support of the claim; and</text> </paragraph> <paragraph num="(3)"> <text>May request the former member to:</text> <paragraph num="(a)"> <text>Submit additional evidence, and</text> </paragraph> <paragraph num="(b)"> <text>Report for an independent medical evaluation.</text> </paragraph> </paragraph> </paragraph> <paragraph num="D."> <text>Medical Board Determination.</text> <paragraph num="(1)"> <text>Following review of all the evidence relating to the issue of whether the former member failed to timely file a disability form, the medical board shall make one of the following decisions:</text> <paragraph num="(a)"> <text>Certify that the former member’s failure to file a disability form during the filing period was attributable solely to physical or mental incapacity before the date membership ended; or</text> </paragraph> <paragraph num="(b)"> <text>Determine that the former member’s failure to file a disability form was not attributable solely to physical or mental incapacity before the date membership ended.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If the medical board certifies a former member’s claim under §D(1)(a) of this regulation, the Retirement Agency shall notify the former member of the medical board's decision and accept the former member’s disability forms for processing as provided in COMAR 22.06.03.</text> </paragraph> <paragraph num="(3)"> <text>If the medical board determines that the former member’s failure to file was not attributable solely to the physical or mental incapacity of the former member before the date membership ended, the former member may request a reconsideration of the medical board’s decision by following the procedures set forth in COMAR 22.06.03.03. If, after reconsideration, the medical board affirms its initial decision and rejects the former member’s disability forms, the former member may request a hearing before a judge to be conducted as provided in COMAR 22.06.06 by filing a written request for a hearing not later than 30 days after the date of the notice of the medical board’s determination.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Application for Service and Disability Retirement."> <paragraph num="A."> <text>A member or former member who has filed an application for service retirement may not apply for disability retirement on or after the effective date of retirement.</text> </paragraph> <paragraph num="B."> <text>A member or former member who applies for service retirement may apply for disability retirement only if the member or former member submits a properly completed Statement of Disability and Preliminary Application for Disability Retirement before the effective date of retirement.</text> </paragraph> <paragraph num="C."> <text>If the member or former member does not comply with §B of this regulation, or does not diligently pursue the application for disability retirement in accordance with COMAR 22.06.01.05, the Retirement Agency shall close the member or former member’s file and the member or former member shall have no further right to apply for disability retirement.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Terminal Illness."> <text>An applicant who is terminally ill or an employer who files for disability retirement for a member who is terminally ill may request expedited review of the applicant’s disability claim by providing medical documentation to the Retirement Agency indicating that the applicant is terminally ill.</text> </regulation> <annotations> <annotation type="Authority">State Personnel and Pensions Article, §§21-110 and 29-101—29-118, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1996 (22:26 Md. R. 2031)</annotation> <annotation type="History" subtype="Administrative History">Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 15, 2012 (39:20 Md. R. 1309)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A amended effective November 24, 2016 (43:23 Md. R. 1280)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04C, D amended effective November 24, 2016 (43:23 Md. R. 1280)</annotation> </annotations> </chapter> <chapter num="03" heading="Review of Claims for Disability Retirement"> <regulation prefix="Regulation" num=".01" heading="Disability Unit’s Review."> <paragraph num="A."> <text>Disability Forms Review.</text> <paragraph num="(1)"> <text>On receipt of a Statement of Disability and Preliminary Application for Disability Retirement, the Disability Unit will conduct a disability forms review to determine whether:</text> <paragraph num="(a)"> <text>The appropriate disability forms have been properly completed and include the required information and documentation;</text> </paragraph> <paragraph num="(b)"> <text>Except as permitted under COMAR 22.06.02.04, the disability forms were submitted to the Retirement Agency before the date membership ended; and</text> </paragraph> <paragraph num="(c)"> <text>If the applicant has filed a claim for ordinary disability retirement only, the applicant has at least 5 years of eligibility service.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If the Disability Unit determines that the applicant has not satisfied the requirement set forth in §A(1)(a) of this regulation, the Disability Unit shall:</text> <paragraph num="(a)"> <text>Reject the disability forms;</text> </paragraph> <paragraph num="(b)"> <text>Return the disability forms to the applicant;</text> </paragraph> <paragraph num="(c)"> <text>Notify the applicant that the applicant may refile for disability retirement if the applicant properly completes and timely submits a new Statement of Disability and Preliminary Application for Disability Retirement; and</text> </paragraph> <paragraph num="(d)"> <text>Close the applicant’s file in accordance with COMAR 22.06.01.05B.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Denial of Disability Claim.</text> <paragraph num="(a)"> <text>If the Disability Unit determines that the applicant has not satisfied the requirement set forth in §A(1)(b) or (c) of this regulation:</text> <paragraph num="(i)"> <text>The Retirement Agency shall deny the disability claim; and</text> </paragraph> <paragraph num="(ii)"> <text>The Disability Unit shall provide the applicant written notice of the denial of the disability claim and the applicant’s appeal rights under §A(3)(b) and (c) of this regulation and in accordance with COMAR 22.06.05.05.</text> </paragraph> </paragraph> <paragraph num="(b)"> <text>The applicant may appeal the denial of the disability claim by submitting a written request for a hearing in the format required under COMAR 22.03.04.07B to the Executive Director within 30 days of the date of the Disability Unit’s notice of the denial of the disability claim.</text> </paragraph> <paragraph num="(c)"> <text>If the applicant does not submit a written request for a hearing to the Executive Director within 30 days of the date of the Disability Unit’s notice, the applicant shall not have any further right to appeal the denial of the disability claim.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Review of Claim by Applicant with Fewer than 5 Years of Eligibility Service.</text> <paragraph num="(1)"> <text>An applicant who has fewer than 5 years of eligibility service is not eligible for ordinary disability retirement.</text> </paragraph> <paragraph num="(2)"> <text>If the applicant has filed a claim for accidental disability retirement, the Disability Unit and medical board may review the applicant’s claim for eligibility for accidental disability retirement only.</text> </paragraph> </paragraph> <paragraph num="C."> <text>The Disability Unit may request an applicant or an applicant’s employer to submit additional information, including but not limited to:</text> <paragraph num="(1)"> <text>Records of proceedings before, or any decisions issued by the Workers’ Compensation Commission or Social Security Administration;</text> </paragraph> <paragraph num="(2)"> <text>The applicant’s personnel records; and</text> </paragraph> <paragraph num="(3)"> <text>Any other information the Disability Unit considers relevant to the determination of the disability claim.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Review of Claims for Accidental Disability Retirement.</text> <paragraph num="(1)"> <text>Except as provided in §D(2) of this regulation, the Disability Unit shall review an applicant’s claim for accidental disability retirement to determine whether the event claimed to be the natural and proximate cause of the applicant’s disability was an accident that occurred in the actual performance of duty at a definite time and place without willful negligence by the applicant.</text> </paragraph> <paragraph num="(2)"> <text>If the applicant is in the State Police Retirement System or Law Enforcement Officers’ Pension System:</text> <paragraph num="(a)"> <text>Subject to §D(2)(b) of this regulation, the Disability Unit shall review the applicant’s claim for accidental disability retirement to determine whether the occurrence or condition claimed to be the cause of the applicant’s disability arose out of and in the course of the actual performance of duty without willful negligence by the applicant.</text> </paragraph> <paragraph num="(b)"> <text>If the applicant is a member of the Deferred Retirement Option Program who commenced participation on or after July 1, 2008, the Disability Unit shall also review the applicant’s claim to determine whether the occurrence claimed to be the cause of the applicant’s disability arose out of and in the course of the actual performance of duty during the member’s participation in the Deferred Retirement Option Program, without willful negligence by the applicant.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Except if the applicant is in the State Police Retirement System, Law Enforcement Officers’ Pension System, or Correctional Officers’ Retirement System, the Disability Unit may not consider an accident that took place more than 5 years before the date that the Statement of Disability and Preliminary Application for Disability Retirement was submitted to the Retirement Agency.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="The Medical Board’s Review."> <paragraph num="A."> <text>Disabled or Not.</text> <paragraph num="(1)"> <text>In a claim for ordinary or accidental disability retirement, the medical board shall certify whether or not:</text> <paragraph num="(a)"> <text>An applicant is mentally or physically incapacitated for the further performance of the normal duties of the applicant’s position;</text> </paragraph> <paragraph num="(b)"> <text>The incapacity is likely to be permanent; and</text> </paragraph> <paragraph num="(c)"> <text>The applicant should be retired.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>In making the determination set forth in §A(1) of this regulation, the medical board shall consider:</text> <paragraph num="(a)"> <text>The nature of the applicant’s normal job duties;</text> </paragraph> <paragraph num="(b)"> <text>Whether the applicant currently performs of the normal duties of the applicant’s position without restriction; and</text> </paragraph> <paragraph num="(c)"> <text>Whether the applicant is not performing the normal duties of the applicant’s position for a reason other than a permanent mental or physical incapacity.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Accidental Disability Retirement.</text> <paragraph num="(1)"> <text>In a claim for accidental disability retirement, the medical board shall make a recommendation regarding whether an applicant:</text> <paragraph num="(a)"> <text>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 applicant; or</text> </paragraph> <paragraph num="(b)"> <text>Except as provided in §B(2) of this regulation, if the applicant is in the State Police Retirement System or Law Enforcement Officers’ Pension System, is totally and permanently incapacitated for the further performance of duty arising out of and in the course of the actual performance of duty without willful negligence by the applicant.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>If an applicant is a member of the Deferred Retirement Option Program who commenced participation on or after July 1, 2008, in a claim for accidental disability retirement, the medical board shall make a recommendation whether the applicant:</text> <paragraph num="(a)"> <text>Became totally and permanently incapacitated for the further performance of duty after commencing participation in the Deferred Retirement Option Program; and</text> </paragraph> <paragraph num="(b)"> <text>Is totally and permanently incapacitated for the further performance of duty by an occurrence that arose out of and in the course of the actual performance of duty while participating in the Deferred Retirement Option Program without willful negligence by the applicant.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>In making the determination set forth in §B(1) or (2) of this regulation, the medical board:</text> <paragraph num="(a)"> <text>Shall consider the Disability Unit’s findings under Regulation .01D of this chapter; and</text> </paragraph> <paragraph num="(b)"> <text>Except if the applicant is in the State Police Retirement System, Law Enforcement Officers’ Pension System, or Correctional Officers’ Retirement System, may not consider an accident that took place more than 5 years before the date that the Statement of Disability and Preliminary Application for Disability Retirement was submitted to the Retirement Agency.</text> </paragraph> </paragraph> </paragraph> <paragraph num="C."> <text>Procedures for Medical Board’s Review.</text> <paragraph num="(1)"> <text>The medical board shall review an applicant's Statement of Disability and additional evidence submitted by the applicant or obtained by the Retirement Agency.</text> </paragraph> <paragraph num="(2)"> <text>The medical board may take one or more of the following actions to facilitate its review of the applicant’s claim:</text> <paragraph num="(a)"> <text>Request additional information from the applicant or the applicant’s employer pertaining to the applicant's claim;</text> </paragraph> <paragraph num="(b)"> <text>Require the applicant to report for an independent medical evaluation; or</text> </paragraph> <paragraph num="(c)"> <text>Suspend its review for a period not to exceed 1 year in order to evaluate the effectiveness of treatment or consider whether an applicant has reached maximum medical improvement.</text> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Determination of an Applicant’s Claim."> <paragraph num="A."> <text>Disability Has Been Certified.</text> <paragraph num="(1)"> <text>Except as provided in §A(2) of this regulation, if the medical board certifies that the applicant is disabled and recommends that the Board of Trustees grant ordinary disability retirement, the Disability Unit shall forward the certification to the Executive Director for action by the Board of Trustees as provided in COMAR 22.06.05.</text> </paragraph> <paragraph num="(2)"> <text>If the applicant is not eligible for ordinary disability retirement because the applicant has fewer than 5 years of eligibility service, the Disability Unit shall forward the certification only if the medical board recommends that the Board of Trustees grant accidental disability retirement.</text> </paragraph> <paragraph num="(3)"> <text>In the case of an applicant who has been certified disabled by the medical board and who filed a claim for accidental disability retirement:</text> <paragraph num="(a)"> <text>If the medical board recommends that the Board of Trustees grant accidental disability retirement, the Disability Unit shall forward its recommendation to the Executive Director for action by the Board as provided in COMAR 22.06.05; or</text> </paragraph> <paragraph num="(b)"> <text>If the medical board recommends that the Board of Trustees deny accidental retirement, following action by the Board of Trustees on the award of ordinary disability retirement as provided in COMAR 22.06.05, the Disability Unit shall:</text> <paragraph num="(i)"> <text>Notify the applicant of the Board of Trustees’ decision on ordinary disability retirement in accordance with COMAR 22.06.05.02C; and</text> </paragraph> <paragraph num="(ii)"> <text>Advise the applicant of the medical board’s recommended denial of accidental disability retirement and the applicant’s right to request reconsideration of the medical board’s recommendation as provided in §C of this regulation.</text> </paragraph> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Disability Has Not Been Certified. If the medical board determines that the applicant is not disabled, the Disability Unit shall notify the applicant of the medical board’s determination and advise the applicant of the applicant’s right to request reconsideration as provided in §C of this regulation.</text> </paragraph> <paragraph num="C."> <text>Requests for Reconsideration.</text> <paragraph num="(1)"> <text>An applicant who disagrees with the recommendation of the medical board may request not more than one reconsideration of the recommendation.</text> </paragraph> <paragraph num="(2)"> <text>Subject to §C(3) of this regulation, to request reconsideration, within 30 days of the date of the Disability Unit’s notice of the medical board’s recommended denial of a disability retirement, an applicant shall submit to the Disability Unit:</text> <paragraph num="(a)"> <text>A written request for reconsideration; and</text> </paragraph> <paragraph num="(b)"> <text>Additional documentation, if any, to support the applicant’s claim for disability retirement in connection with the reconsideration.</text> </paragraph> </paragraph> <paragraph num="(3)"> <text>Reconsideration When Disability Has Been Certified.</text> <paragraph num="(a)"> <text>This subsection applies if an applicant has been certified disabled by the medical board and awarded ordinary disability retirement pursuant to COMAR 22.06.05.03, but the medical board has recommended denial of accidental disability retirement following its review pursuant to COMAR 22.06.03.02B.</text> </paragraph> <paragraph num="(b)"> <text>In addition to the requirements set forth in §C(2) of this regulation, an applicant who has been awarded an ordinary disability retirement shall, within 120 days of the date of the Disability Unit’s notice, accept an ordinary disability retirement or a service retirement in accordance with COMAR 22.06.05.03.</text> </paragraph> </paragraph> <paragraph num="(4)"> <text>The Retirement Agency shall close the applicant’s file in accordance with COMAR 22.06.01.05B if:</text> <paragraph num="(a)"> <text>The applicant fails to submit a written request for reconsideration within 30 days of the Disability Unit’s notice of the medical board’s recommended denial of a disability retirement; or</text> </paragraph> <paragraph num="(b)"> <text>If the applicant was awarded ordinary disability retirement, the applicant fails to accept an ordinary disability retirement or a service retirement in accordance with COMAR 22.06.05.03 within 120 days of the date of the Disability Unit’s notice.</text> </paragraph> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">State Personnel and Pensions Article, §§21-110 and 29-101—29-118, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1996 (22:26 Md. R. 2031)</annotation> <annotation type="History" subtype="Administrative History">Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 15, 2012 (39:20 Md. R. 1309)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01A amended effective November 24, 2016 (43:23 Md. R. 1280)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02C amended effective November 24, 2016 (43:23 Md. R. 1280)</annotation> </annotations> </chapter> <chapter num="04" heading="Reconsideration"> <regulation prefix="Regulation" num=".01" heading="Reconsideration."> <paragraph num="A."> <text>If an applicant, in accordance with COMAR 22.06.03.03C, timely requests reconsideration of a recommendation to deny ordinary disability retirement, the medical board shall reconsider an applicant's file, including any additional evidence submitted with the applicant's request for reconsideration.</text> </paragraph> <paragraph num="B."> <text>If an applicant, in accordance with COMAR 22.06.03.03C, timely requests reconsideration of a recommendation to deny accidental disability retirement, the medical board and the Disability Unit shall reconsider an applicant's file, including any additional evidence submitted with the applicant's request for reconsideration.</text> </paragraph> <paragraph num="C."> <text>The medical board or the Disability Unit may take one or more of the following actions to facilitate reconsideration:</text> <paragraph num="(1)"> <text>Request additional information from the applicant or the applicant’s employer;</text> </paragraph> <paragraph num="(2)"> <text>Require the applicant to report for an independent medical evaluation; or</text> </paragraph> <paragraph num="(3)"> <text>Suspend review for a period not to exceed 1 year until a determination can be reached regarding the effectiveness of treatment or whether the applicant has reached maximum medical improvement.</text> </paragraph> </paragraph> <paragraph num="D."> <text>Submission of Additional Information.</text> <paragraph num="(1)"> <text>Except as provided in §C(2) of this regulation, the applicant shall submit to the medical board or Disability Unit any requested information within 45 days of the date of the request.</text> </paragraph> <paragraph num="(2)"> <text>At the request of the applicant or to facilitate its review of the applicant's Statement of Disability, the medical board or Disability Unit may provide not more than one extension of the date for submission of additional evidence for a period not to exceed 30 days.</text> </paragraph> </paragraph> <paragraph num="E."> <text>At the conclusion of the reconsideration, the medical board shall certify whether or not the applicant is disabled. If accidental disability retirement is requested, the medical board shall make a recommendation whether the Board of Trustees should grant or deny accidental disability retirement. The Disability Unit shall forward the medical board's recommendation to the Executive Director for action by the Board of Trustees as provided in COMAR 22.06.05.</text> </paragraph> </regulation> <annotations> <annotation type="Authority">State Personnel and Pensions Article, §§21-110 and 29-101—29-118, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1996 (22:26 Md. R. 2031)</annotation> <annotation type="History" subtype="Administrative History">Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.04 repealed and new Regulation .01 adopted effective October 15, 2012 (39:20 Md. R. 1309)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01C amended effective November 24, 2016 (43:23 Md. R. 1280)</annotation> </annotations> </chapter> <chapter num="05" heading="Board of Trustees Review"> <regulation prefix="Regulation" num=".01" heading="Disability Report."> <paragraph num="A."> <text>At each regular meeting of the Board of Trustees, the Executive Director shall submit a disability report to the Board of Trustees that summarizes the recommendations of the medical board on the claims for disability retirement.</text> </paragraph> <paragraph num="B."> <text>At a minimum, the disability report shall contain the following information:</text> <paragraph num="(1)"> <text>The name of each applicant whom the medical board recommends be granted an ordinary disability retirement;</text> </paragraph> <paragraph num="(2)"> <text>The name of each applicant whom the medical board recommends be granted an accidental disability retirement;</text> </paragraph> <paragraph num="(3)"> <text>The name of each applicant whom the medical board recommends be granted an ordinary disability retirement but denied an accidental disability retirement; and</text> </paragraph> <paragraph num="(4)"> <text>The name of each applicant whom the medical board recommends be denied an ordinary disability retirement or an accidental disability retirement.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Board of Trustees' Action on the Disability Report."> <paragraph num="A."> <text>With respect to each applicant listed on the disability report, a majority of the Board of Trustees shall:</text> <paragraph num="(1)"> <text>Adopt the recommendation of the medical board to grant or deny a disability retirement; or</text> </paragraph> <paragraph num="(2)"> <text>Remand the disability claim to the Retirement Agency for additional review or information.</text> </paragraph> </paragraph> <paragraph num="B."> <text>If the Board of Trustees remands a disability claim, the Board of Trustees shall specify the basis for the remand and notify the Retirement Agency what additional review or information is requested.</text> </paragraph> <paragraph num="C."> <text>Disability Unit’s Notice.</text> <paragraph num="(1)"> <text>Promptly following the Board of Trustees’ action with respect to an applicant’s disability claim, the Disability Unit shall send written notice to the applicant of the Board of Trustees' action and advise the applicant of the applicant's rights as provided in Regulations .03—.05 of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>If an applicant has been granted an ordinary or accidental disability retirement, the Disability Unit shall:</text> <paragraph num="(a)"> <text>Notify the applicant’s appointing authority that the applicant has been approved for disability retirement; and</text> </paragraph> <paragraph num="(b)"> <text>If the applicant is a State employee:</text> <paragraph num="(i)"> <text>Notify the Department of Budget and Management, Office of Personnel Services and Benefits, that the applicant has been approved for disability retirement; and</text> </paragraph> <paragraph num="(ii)"> <text>Advise the appointing authority that the applicant shall be considered resigned from State service as of the 120th day after the date of the Disability Unit’s notice to the applicant, in accordance with COMAR 17.04.03.16E.</text> </paragraph> </paragraph> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Grant of Ordinary Disability Retirement or Accidental Disability Retirement."> <paragraph num="A."> <text>Except as provided in Regulation .04 of this chapter, this regulation applies to an applicant who is granted a disability retirement.</text> </paragraph> <paragraph num="B."> <text>Acceptance of Ordinary Disability Retirement or Accidental Disability Retirement.</text> <paragraph num="(1)"> <text>Except as provided in §B(2) of this regulation, an applicant who is granted [either] an ordinary disability retirement or an accidental disability retirement shall, within 120 days of the date of the Disability Unit’s notice, properly complete and submit an Application for Disability Retirement to the Retirement Agency, accepting the disability retirement.</text> </paragraph> <paragraph num="(2)"> <text>Instead of accepting a disability retirement, an applicant who is eligible to receive a service retirement may accept the service retirement by properly completing and submitting an Application for Service Retirement within 120 days of the date of the Disability Unit’s Notice.</text> </paragraph> </paragraph> <paragraph num="C."> <text>If the applicant does not accept a disability retirement or service retirement within 120 days of the date of the Disability Unit’s notice to the applicant, the Retirement Agency shall close the applicant's file in accordance with COMAR 22.06.01.05B.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Grant of Ordinary Disability Retirement and Denial of Accidental Disability."> <paragraph num="A."> <text>Scope.</text> <paragraph num="(1)"> <text>Except as provided in §A(2) of this regulation, this regulation applies to an applicant who is granted an ordinary disability retirement and denied an accidental disability retirement by the Board of Trustees in accordance with Regulation .02 of this chapter.</text> </paragraph> <paragraph num="(2)"> <text>The denial of an accidental disability retirement for an applicant who previously accepted an ordinary disability retirement and requested reconsideration of the medical board’s recommended denial of accidental retirement in accordance with COMAR 22.06.03.03C(3) is governed by Regulation .05 of this chapter.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Acceptance of Ordinary Disability Retirement or Service Retirement.</text> <paragraph num="(1)"> <text>Except as provided in §B(2) of this regulation, an applicant who is granted an ordinary disability retirement and denied an accidental disability retirement by the Board of Trustees shall, within 120 days of the date of the Disability Unit’s notice, properly complete and submit an Application for Disability Retirement to the Retirement Agency, accepting the ordinary disability retirement.</text> </paragraph> <paragraph num="(2)"> <text>Instead of accepting an ordinary disability retirement, an applicant who is eligible to receive a service retirement may accept a service retirement by properly completing and submitting an Application for Service Retirement within 120 days of the date of the Disability Unit’s notice.</text> </paragraph> <paragraph num="(3)"> <text>If the applicant does not accept an ordinary disability retirement or a service retirement within 120 days of the date of the Disability Unit’s notice to the applicant, the Retirement Agency shall close the applicant's file in accordance with COMAR 22.06.01.05B.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Appeal of Denial of Accidental Disability Retirement.</text> <paragraph num="(1)"> <text>An applicant may appeal the denial of an accidental disability retirement by simultaneously submitting a written request for hearing to the Retirement Agency on the same date that the applicant timely submits a properly completed Application for Disability Retirement or Application for Service Retirement in accordance with §B of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>An applicant who fails to submit a written request for hearing on the same date that the applicant timely submits a properly completed Application for Disability Retirement or Application for Service Retirement to the Retirement Agency shall not have any further right to appeal the denial of accidental disability retirement.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".05" heading="Denial of Ordinary Disability Retirement or Accidental Disability Retirement."> <paragraph num="A."> <text>Except as provided in Regulation .04 of this chapter, this regulation applies to an applicant who has been denied a disability retirement by the Board of Trustees.</text> </paragraph> <paragraph num="B."> <text>To appeal the denial of a disability retirement, an applicant shall file a written request for a hearing not later than 30 days after the date of the Disability Unit’s notice.</text> </paragraph> <paragraph num="C."> <text>If the request for a hearing under §B of this regulation is not filed within 30 days of the date of the Disability Unit’s notice, the Retirement Agency shall close the applicant's file in accordance with COMAR 22.06.01.05B.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".06" heading="Effective Date of Disability Retirement."> <paragraph num="A."> <text>Effective Date of Retirement.</text> <paragraph num="(1)"> <text>Except as provided in §A(2) of this regulation, if the Board of Trustees grants a disability retirement to an applicant and the applicant accepts the disability retirement as provided in Regulations .03 and .04 of this chapter, the applicant's effective date of retirement is the later of the:</text> <paragraph num="(a)"> <text>First day of the month following the last day the applicant was on payroll, as certified by the applicant's employer;</text> </paragraph> <paragraph num="(b)"> <text>First day of the month following the date the Retirement Agency receives a properly completed Statement of Disability and Preliminary Application for Disability Retirement; or</text> </paragraph> <paragraph num="(c)"> <text>First day of the month when the applicant desires to retire as set forth on the Application for Disability Retirement that is properly completed and submitted to the Retirement Agency.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The effective date of retirement may not be later than 120 days from the date of the Disability Unit’s notice to the applicant.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Payment of Retirement Allowance.</text> <paragraph num="(1)"> <text>Except as provided in §B(2) of this regulation, as soon as practicable after the Board of Trustees grants a disability retirement, the Retirement Agency shall:</text> <paragraph num="(a)"> <text>Process the applicant’s Application for Disability Retirement and begin payment of the disability retirement allowance; and</text> </paragraph> <paragraph num="(b)"> <text>Make a retroactive payment of the disability retirement allowance to the applicant as of the first day of the month following the applicant's effective date of retirement, if necessary.</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>The Retirement Agency may not pay an applicant a disability retirement allowance before the Board of Trustees grants the retirement allowance for disability.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">State Personnel and Pensions Article, §§21-108, 21-110 and 29-101—29-118, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1996 (22:26 Md. R. 2031)</annotation> <annotation type="History" subtype="Administrative History">Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.</annotation> <annotation type="History" subtype="Administrative History">Regulation .06 adopted effective October 5, 1998 (25:20 Md. R. 1533)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.06 amended effective October 15, 2012 (39:20 Md. R. 1309)</annotation> </annotations> </chapter> <chapter num="06" heading="Hearings Before the Office"> <regulation prefix="Regulation" num=".01" heading="Scope."> <paragraph num="A."> <text>This chapter supplements the notice and hearing requirements of the:</text> <paragraph num="(1)"> <text>Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland; and</text> </paragraph> <paragraph num="(2)"> <text>Regulations issued by the Office of Administrative Hearings in COMAR 28.02.01.</text> </paragraph> </paragraph> <paragraph num="B."> <text>In the event of a conflict with COMAR 28.02.01, the provisions set forth in this chapter control the conduct of a hearing.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Hearings — General."> <paragraph num="A."> <text>When Hearings Shall Be Held.</text> <paragraph num="(1)"> <text>If an applicant timely files a written request for a hearing, a hearing shall be held if:</text> <paragraph num="(a)"> <text>The Board of Trustees denied the applicant a disability retirement allowance under COMAR 22.06.05;</text> </paragraph> <paragraph num="(b)"> <text>The medical board rejected the disability forms submitted by a former member under COMAR 22.06.02.04; or</text> </paragraph> <paragraph num="(c)"> <text>The Disability Unit denied the disability claim of an applicant under COMAR 22.06.03.01A(3).</text> </paragraph> </paragraph> <paragraph num="(2)"> <text>Unless the member waives the hearing in writing, a hearing shall be held if the Board of Trustees approves an application submitted by the Secretary of State Police on behalf of the member in accordance with COMAR 22.06.02.03D.</text> </paragraph> </paragraph> <paragraph num="B."> <text>Date, Time, Place, and Notice of Hearing.</text> <paragraph num="(1)"> <text>The Retirement Agency shall coordinate with the applicant and the Office to schedule a hearing before a judge at the central office of the Office of Administrative Hearings.</text> </paragraph> <paragraph num="(2)"> <text>The designation of a site for a hearing, other than the central office of the Office of Administrative Hearings, requires the Retirement Agency’s consent.</text> </paragraph> <paragraph num="(3)"> <text>The Office shall issue a written hearing notice that conforms to State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, within a reasonable time before the hearing.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Each party is required to provide every other party with a copy of any written communication with the Office or a judge, including but not limited to a request for postponement or a request for a subpoena.</text> </paragraph> <paragraph num="D."> <text>Not less than 20 days prior to the hearing, each party shall provide written notification to every other party of the name and identify of each witness the party may call to testify at the hearing.</text> </paragraph> <paragraph num="E."> <text>Conduct of the Hearing.</text> <paragraph num="(1)"> <text>The burden of proof shall be on the applicant.</text> </paragraph> <paragraph num="(2)"> <text>An applicant may represent oneself at the hearing, or may be represented by an attorney who is licensed to practice law in Maryland.</text> </paragraph> </paragraph> <paragraph num="F."> <text>Official Record.</text> <paragraph num="(1)"> <text>The judge shall prepare and submit to the Retirement Agency an official record of the hearing which shall include all orders, pleadings, exhibits, materials submitted in connection with any prehearing conference, other material filed in the proceeding, and any testimony transcribed according to §F(2) of this regulation.</text> </paragraph> <paragraph num="(2)"> <text>A party may request a transcript of the record of the proceedings. The cost of typewritten transcripts shall be paid by the party requesting the transcript.</text> </paragraph> </paragraph> <paragraph num="G."> <text>Final Decision.</text> <paragraph num="(1)"> <text>The judge shall prepare a summary of the testimony, comment on credibility and demeanor of the witnesses, and prepare written findings of fact and conclusions of law, and shall issue a final decision within 90 days after the completion of the hearing.</text> </paragraph> <paragraph num="(2)"> <text>The judge shall mail a copy of the decision to the parties and the Board Secretary.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Judicial Review."> <text>A party who is aggrieved by a final decision of a judge is entitled to judicial review of the decision in accordance with State Government Article, §10-222, Annotated Code of Maryland.</text> </regulation> <regulation prefix="Regulation" num=".04" heading="Adjustment in Allowance."> <text>The Retirement Agency shall adjust the allowance of a retiree who is subsequently granted an ordinary disability retirement or an accidental disability retirement retroactively to the effective date of retirement.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Effect of Death Before Final Decision."> <text>If the applicant dies before the final decision on the applicant’s appeal for an ordinary disability retirement or an accidental disability retirement, or both, the claim shall terminate. Survivor benefits, if any, shall be paid in accordance with the selection made by the applicant for the retirement allowance granted and accepted before death.</text> </regulation> <annotations> <annotation type="Authority">State Personnel and Pensions Article, §§21-110(b) and 29-101—29-118, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1996 (22:26 Md. R. 2031)</annotation> <annotation type="History" subtype="Administrative History">Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.</annotation> <annotation type="History" subtype="Administrative History">Regulation .02 amended effective October 15, 2012 (39:20 Md. R. 1309)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02A, G amended effective November 24, 2016 (43:23 Md. R. 1280)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02C, F, G amended effective February 27, 2006 (33:4 Md. R. 354)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02H repealed effective November 24, 2016 (43:23 Md. R. 1280)</annotation> <annotation type="History" subtype="Administrative History">Regulation .03 adopted effective November 24, 2016 (43:23 Md. R. 1280)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 adopted effective November 24, 2016 (43:23 Md. R. 1280)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 adopted effective November 24, 2016 (43:23 Md. R. 1280)</annotation> </annotations> </chapter> <chapter num="07" heading="Final Decision by the Board of Trustees" reason="Repealed"> <annotations> <annotation type="History" subtype="Administrative History">Effective date: January 1, 1996 (22:26 Md. R. 2031)</annotation> <annotation type="History" subtype="Administrative History">Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.</annotation> <annotation type="History" subtype="Administrative History">Regulation .01 amended effective May 17, 1999 (26:10 Md. R. 799</annotation> <annotation type="History" subtype="Administrative History">Regulation .07 amended and recodified to Regulation .08, Regulations .08 and .09 recodified to Regulations .09 and .10, and new Regulation .07 adopted effective May 17, 1999 (26:10 Md. R. 799)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective February 27, 2006 (33:4 Md. R. 354)</annotation> <annotation type="History" subtype="Administrative History">Chapter revised effective October 15, 2012 (39:20 Md. R. 1309)</annotation> <annotation type="History" subtype="Administrative History">Regulations .01—.10 repealed effective November 24, 2016 (43:23 Md. R. 1280)</annotation> </annotations> </chapter> </subtitle> <subtitle num="07" heading="Compliance With the Internal Revenue Code"> <chapter num="01" heading="General Provisions"> <regulation prefix="Regulation" num=".01" heading="Purpose."> <text>Each State system is established as a qualified defined benefit plan pursuant to 26 U.S.C. §§401(a) and 414(d), or other applicable provision of the Internal Revenue Code, and applicable U.S. Treasury regulations and other guidance.</text> <text>The Board is authorized to adopt rules and regulations which are appropriate or necessary to maintain the qualified status of each State system.</text> </regulation> <regulation prefix="Regulation" num=".02" heading="Definitions."> <paragraph num="A."> <text>In this subtitle, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="B."> <text>Terms Defined.</text> <paragraph num="(1)"> <text>“Agency” means the State Retirement Agency.</text> </paragraph> <paragraph num="(2)"> <text>“Board” means the Board of Trustees for the State Retirement and Pension System.</text> </paragraph> <paragraph num="(3)"> <text>“Internal Revenue Code” or “Code” means the Internal Revenue Code of 1986, as amended.</text> </paragraph> <paragraph num="(4)"> <text>“Limitation year” means the plan year for Code Section 415 testing purposes.</text> </paragraph> <paragraph num="(5)"> <text>“Plan year” means the fiscal year commencing July 1.</text> </paragraph> <paragraph num="(6)"> <text>“Required beginning date” means the applicable date by which the distribution of a plan benefit must commence in accordance with the Internal Revenue Code, 26 U.S.C. §401(a)(9)(C).</text> </paragraph> <paragraph num="(7)"> <text>“State system” refers to any State system identified in State Personnel and Pensions Article, §21-102, Annotated Code of Maryland, administered by the State Retirement Agency, and operated in accordance with the Internal Revenue Code, 26 U.S.C. §§401(a) and 414(d).</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Construction."> <text>This subtitle and other provisions of the Code of Maryland Regulations shall be interpreted to maintain the qualified status of the State systems under the Internal Revenue Code, §§401(a) and 414(d).</text> </regulation> <annotations> <annotation type="Authority">State Personnel and Pensions Article, §§21-110 and 21-603, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 27, 2009 (36:15 Md. R. 1167)</annotation> <annotation type="History" subtype="Administrative History">Regulation .02B amended effective January 8, 2024 (50:26 Md. R. 1132)</annotation> </annotations> </chapter> <chapter num="02" heading="Code Compliance"> <regulation prefix="Regulation" num=".01" heading="Compliance with the Internal Revenue Code, 26 U.S.C. §401(a)(9) for Required Minimum Distributions."> <paragraph num="A."> <text>The State system shall pay all benefits in accordance with a good faith interpretation of the requirements of §401(a)(9) of the Internal Revenue Code, and the regulations in effect under that section, as applicable to a governmental plan within the meaning of §414(d) of the Internal Revenue Code.</text> </paragraph> <paragraph num="B."> <text>Each State system is subject to the following provisions:</text> <paragraph num="(1)"> <text>Distribution of a member's benefit shall begin by the required beginning date;</text> </paragraph> <paragraph num="(2)"> <text>The member's entire interest shall be distributed over the member's life, or the lives of the member and a beneficiary determined pursuant to the applicable provisions of the State system;</text> </paragraph> <paragraph num="(3)"> <text>If a member dies after the required distribution of benefits has begun, the remaining portion of the member's interest, if any, shall be distributed at least as rapidly as under the method of distribution before the member's death;</text> </paragraph> <paragraph num="(4)"> <text>If a member dies before the required distribution of the member's benefits has begun, the member's entire interest shall be distributed to the beneficiary, if the beneficiary can be located:</text> <paragraph num="(a)"> <text>Over the life of the beneficiary, with the distributions beginning not later than December 31 of the calendar year following the calendar year of the member's death, in accordance with federal regulations; or</text> </paragraph> <paragraph num="(b)"> <text>Within 5 years of the member's death;</text> </paragraph> </paragraph> <paragraph num="(5)"> <text>The amount of an annuity paid to a member's beneficiary may not exceed the maximum determined under the incidental death benefit requirement of §401(a)(9)(G) of the Internal Revenue Code;</text> </paragraph> <paragraph num="(6)"> <text>The death and disability benefits provided by the State system are limited by the incidental benefit rule set forth in §401(a)(9)(G) of the Internal Revenue Code and U.S. Treasury regulation 26 C.F.R. §1.401-1(b)(1)(i) (as amended), so that the total death or disability benefits payable do not exceed 25 percent of the cost for all of the members' benefits received from the State system;</text> </paragraph> <paragraph num="(7)"> <text>If a member or beneficiary cannot be located by the required beginning date, the member's or beneficiary's benefit will be initiated by the Agency and immediately shall be suspended, pending the Agency locating the member or beneficiary; and</text> </paragraph> <paragraph num="(8)"> <text>In order to maintain compliance with §401(a)(9) of the Internal Revenue Code, the provisions of State Personnel and Pensions Article, §21-402(c), Annotated Code of Maryland, shall be applied by the Agency to a member's request to change a beneficiary on and after January 1, 2006.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".02" heading="Compliance with the Internal Revenue Code, 26 U.S.C. §401(a)(17) for the Limitation on Compensation."> <paragraph num="A."> <text>Effective with respect to plan years beginning on and after July 1, 1996, and before July 1, 2002, the annual compensation of a plan member which exceeds $150,000, as adjusted for cost-of-living increases under §401(a)(17)(B) of the Internal Revenue Code, shall be disregarded for purposes of computing employee and employer contributions to or benefits due from, the State system.</text> </paragraph> <paragraph num="B."> <text>Plan Years Beginning On and After July 1, 2002.</text> <paragraph num="(1)"> <text>Effective with respect to plan years beginning on and after July 1, 2002, the annual compensation of a plan member which exceeds $200,000, as adjusted for cost-of-living increases in accordance with §401(a)(17)(B) of the Internal Revenue Code, may not be taken into account in determining benefits or contributions due for any plan year.</text> </paragraph> <paragraph num="(2)"> <text>Annual compensation means compensation during the plan year or such other consecutive 12-month period over which compensation is otherwise determined under the plan (the determination period).</text> </paragraph> <paragraph num="(3)"> <text>The cost-of-living adjustment in effect for a calendar year applies to annual compensation for the determination period that begins with or within such calendar year.</text> </paragraph> <paragraph num="(4)"> <text>If the determination period consists of fewer than 12 months, the annual compensation limit is an amount equal to the otherwise applicable annual compensation limit multiplied by a fraction, the numerator of which is the number of months in the short determination period, and the denominator of which is 12.</text> </paragraph> <paragraph num="(5)"> <text>If the compensation for any prior determination period is taken into account in determining a plan member's contributions or benefits for the current plan year, the compensation for such prior determination period is subject to the applicable annual compensation limit in effect for that prior period.</text> </paragraph> </paragraph> <paragraph num="C."> <text>Eligible Member.</text> <paragraph num="(1)"> <text>In this section, “eligible member” means, a person who first became a member of the State system prior to the plan year beginning after December 31, 1995.</text> </paragraph> <paragraph num="(2)"> <text>Pursuant to section 13212(d)(3)(A) of Omnibus Budget and Reconciliation Act of 1993, and the regulations issued under that section, eligible members are not subject to the limits of §401(a)(17) of the Internal Revenue Code, and the maximum compensation used in computing employee and employer contributions to, or benefits due from, the State system for eligible members shall be the maximum amount allowed by the State system to be so used on July 1, 1993.</text> </paragraph> <paragraph num="(3)"> <text>The limits referenced in §§A and B of this regulation apply only to years beginning after December 31, 1995, and only to individuals who first become plan members in plan years beginning on and after July 1, 1996.</text> </paragraph> </paragraph> </regulation> <regulation prefix="Regulation" num=".03" heading="Compliance with the Internal Revenue Code, 26 U.S.C. §415 Limitations on Contributions and Benefits."> <paragraph num="A."> <text>Notwithstanding the terms of the Annotated Code of Maryland or the Code of Maryland Regulations (COMAR), the member contributions paid to and retirement benefits paid from, the plan shall be limited as necessary to conform to the requirements of §415 of the Internal Revenue Code for a qualified pension plan.</text> </paragraph> <paragraph num="B."> <text>Member Limits.</text> <paragraph num="(1)"> <text>The annual benefit to which a member is entitled, during the limitation year (fiscal year), is limited to $160,000, as adjusted for cost-of-living increases under §415(d) of the Internal Revenue Code.</text> </paragraph> <paragraph num="(2)"> <text>For certain members, this limit is adjusted based upon the age of the member at retirement if the member retires before 62 years old.</text> </paragraph> <paragraph num="(3)"> <text>The limitation is not lowered for qualified police and firefighters as defined by the Internal Revenue Code.</text> </paragraph> <paragraph num="(4)"> <text>The limitation is not lowered for a member who retires on disability or for a death benefit.</text> </paragraph> </paragraph> <paragraph num="C."> <text>If a member selects an optional benefit form that is other than a straight life annuity, the benefit shall be adjusted to an actuarially equivalent straight life annuity for purposes of applying the limitation in §B of this regulation.</text> </paragraph> <paragraph num="D."> <text>If a member has fewer than 10 years of service at the time the member begins receiving a retirement benefit, the limitation in §B of this regulation is reduced by a fraction, which is the number of years of service divided by 10.</text> </paragraph> <paragraph num="E."> <text>After-tax employee contributions in any limitation year are limited to the lesser of 100 percent of a member's compensation, or $40,000 adjusted for cost-of-living increases pursuant to §415(d) of the Internal Revenue Code. The definition of compensation used for testing purposes shall satisfy the requirements of §415(c)(3) of the Internal Revenue Code and does not include picked-up contributions.</text> </paragraph> <paragraph num="F."> <text>The State system does not take into account, for limitation purposes, any repayment of contributions and earnings that were previously refunded due to a forfeiture of service under §415(k)(3) of the Internal Revenue Code.</text> </paragraph> <paragraph num="G."> <text>The State system does permit after-tax employee contributions for service purchase subject to §415(n) of the Internal Revenue Code.</text> </paragraph> <paragraph num="H."> <text>Picked-up contributions are not subject to these limits.</text> </paragraph> <paragraph num="I."> <text>If a member participates in more than one defined contribution plan of an employer, or more than one defined benefit plan of an employer, then the contributions to all plans and the benefits payable from all plans are aggregated for purposes of this regulation. If the limits are exceeded, then the contributions to, or the benefits payable from, the State system are considered primary.</text> </paragraph> </regulation> <regulation prefix="Regulation" num=".04" heading="Administration of Benefits with Respect to the Same-Gender Spouse of a Member, Former Member, or Retiree."> <text>The Retirement Agency shall administer benefits with respect to the same-gender spouse of a member, former member, or retiree from a lawfully recognized marriage in the same manner as an opposite-gender spouse, including the payment of any spousal death or survivor benefits.</text> </regulation> <regulation prefix="Regulation" num=".05" heading="Compliance with Internal Revenue Code, 26 U.S.C. §401(a)(31) for Eligible Rollover Distributions."> <paragraph num="A."> <text>Definitions.</text> <paragraph num="(1)"> <text>In this regulation, the following terms have the meanings indicated.</text> </paragraph> <paragraph num="(2)"> <text>Terms Defined.</text> <paragraph num="(a)"> <text>“Direct rollover” has the meaning stated in State Personnel and Pensions Article, §21-601, Annotated Code of Maryland.</text> </paragraph> <paragraph num="(b)"> <text>“Eligible rollover distribution” has the meaning stated in State Personnel and Pensions Article, §21-601, Annotated Code of Maryland.</text> </paragraph> </paragraph> </paragraph> <paragraph num="B."> <text>Within a reasonable period of time before making an eligible rollover distribution, the Retirement Agency shall provide the recipient with written notice regarding eligible rollover distributions as required under 26 U.S.C. §402(f) and applicable U.S. Treasury regulations.</text> </paragraph> <paragraph num="C."> <text>A participant shall have at least 30 days to review the Retirement Agency’s written notice under §B of this regulation and consider whether or not to have an eligible rollover distribution paid to an eligible retirement plan in a direct rollover.</text> </paragraph> <paragraph num="D."> <text>A participant may waive the notice period by making an affirmative election indicating whether or not the participant wishes to make a direct rollover.</text> </paragraph> <paragraph num="E."> <text>Rollover Election.</text> <paragraph num="(1)"> <text>To elect to have all or any part of an eligible rollover distribution paid to an eligible retirement plan in a direct rollover, a participant shall properly complete the appropriate form that the Retirement Agency provides and file it with the Retirement Agency.</text> </paragraph> <paragraph num="(2)"> <text>A form to request a rollover is properly completed if it is completed, dated, and signed in accordance with the form’s instructions.</text> </paragraph> </paragraph> </regulation> <annotations> <annotation type="Authority">State Personnel and Pensions Article, §§21-110 and 21-603, Annotated Code of Maryland</annotation> <annotation type="History" subtype="Administrative History">Effective date: July 27, 2009 (36:15 Md. R. 1167)</annotation> <annotation type="History" subtype="Administrative History">Regulation .01B amended effective January 8, 2024 (50:26 Md. R. 1132)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 adopted effective October 3, 2011 (38:20 Md. R. 1204)</annotation> <annotation type="History" subtype="Administrative History">Regulation .04 amended effective November 10, 2014 (41:22 Md. R. 1320)</annotation> <annotation type="History" subtype="Administrative History">Regulation .05 adopted effective February 11, 2019 (46:3 Md. R. 109)</annotation> </annotations> </chapter> </subtitle>