<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".07" citation="COMAR 22.04.03.07" title_num="22" subtitle_num="04" chapter_num="03" 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>