<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".04" citation="COMAR 22.01.11.04" title_num="22" subtitle_num="01" chapter_num="11" 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>