<?xml version='1.0' encoding='utf-8'?>
<chapter num="03" heading="Purchase of Service Credit" title_num="22" subtitle_num="05">
  <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>