<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".05" citation="COMAR 22.01.04.05" title_num="22" subtitle_num="01" chapter_num="04" 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>