# COMAR Title 22 — State Retirement and Pension System

## Subtitle 01 — General Regulations

### Chapter 12 — Enrollment in the State System

**Authority:** State Personnel and Pensions Article, §21-110, Annotated Code of Maryland

**Administrative History:** Effective date: December 15, 2008 (35:25 Md. R. 2150)

**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)

**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)

**Administrative History:** Regulation .03 amended effective October 15, 2012 (39:20 Md. R. 1309)

**Administrative History:** Regulation .03A amended effective January 13, 2011 (38:1 Md. R. 12)

**Administrative History:** Regulation .03B amended effective November 18, 2019 (46:23 Md. R. 1067)

**Administrative History:** Regulation .03 adopted effective July 21, 2025 (52:14 Md. R. 713)

**Administrative History:** Regulation .04 amended effective July 21, 2025 (52:14 Md. R. 713)

**Administrative History:** Regulation .05 amended effective July 21, 2025 (52:14 Md. R. 713)

#### Regulation .01 Enrollment Required.

*COMAR 22.01.12.01*

At commencement of employment, a participating employer is required to enroll an employee who:

A. Is a member of a State system as a condition of employment; or

B. Has the option to enroll and elects to become a member of a State system.

#### Regulation .02 Enrollment Procedure.

*COMAR 22.01.12.02*

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:

A. 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;

B. 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;

C. Proof of birth as set forth in COMAR 22.01.05.02; and

D. A copy of the employee's job description:

  (1) For an employee who is to be enrolled:

    (a) In the Teachers’ Pension System;

    (b) In the Law Enforcement Officers’ Pension System;

    (c) In the State Police Retirement System; or

    (d) If employed by a participating governmental unit, in the Correctional Officers Retirement System; or

  (2) Upon request by the Retirement Agency.

#### Regulation .03 Optional Membership Election.

*COMAR 22.01.12.03*

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.

#### Regulation .04 Imposition of Penalty Procedure.

*COMAR 22.01.12.04*

A. 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:

  (1) Began employment with the participating employer:

    (a) Before April 1 of the same fiscal year; or

    (b) In any previous fiscal year;

  (2) Is a member of the State system as a condition of employment; and

  (3) Has not been properly enrolled in accordance with Regulation .02 of this chapter.

B. 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.

#### Regulation .05 Due Date for Payment of Penalty.

*COMAR 22.01.12.05*

Payment of the penalty is due within 30 days of the date of the invoice.