# COMAR Title 22 — State Retirement and Pension System

## Subtitle 05 — Service Credit

### Chapter 05 — Transfers of Service Credit — Waivers

**Authority:** State Personnel and Pensions Article, §§21-110, 37-203, Annotated Code of Maryland

**Administrative History:** Effective date: March 24, 2008 (35:6 Md. R. 701)

**Administrative History:** Regulation .04C amended effective February 23, 2009 (36:4 Md. R. 356)

#### Regulation .01 Scope.

*COMAR 22.05.05.01*

This chapter applies to an individual who has accrued service credit in a State or local retirement or pension system, has accepted new employment in a position requiring membership in one of the several systems, and did not make a claim to transfer the previous service credit within 1 year after becoming a member of one of the several systems as required under State Personnel and Pensions Article, §37-203 or 37-203.1, Annotated Code of Maryland.

#### Regulation .02 Claim for Transfer.

*COMAR 22.05.05.02*

In order to make a claim to transfer service credit from the member's previous system under State Personnel and Pensions Article, §37-203 or 37-203.1, Annotated Code of Maryland, an eligible member shall, within 1 year of becoming a member of the new system:

A. Submit a completed application to transfer the service credit in the form that the Retirement Agency provides, along with all documentation required by the Retirement Agency; and

B. Deposit into the annuity savings fund of the new system any member contributions plus interest that are required to be deposited pursuant to State Personnel and Pensions Article, §37-203 or 37-203.1, Annotated Code of Maryland.

#### Regulation .03 Automatic Waiver of 1-Year Requirement.

*COMAR 22.05.05.03*

A. The Agency shall grant an automatic waiver of the 1-year filing requirement if:

  (1) The member submits a completed application to transfer the service credit in the form that the Retirement Agency provides, along with all documentation required by the Retirement Agency, within 1 year of becoming a member of the new system;

  (2) The required deposit of member contributions plus interest, in accordance with Regulation .02B of this chapter, does not occur within 1 year; and

  (3) The delay in the deposit of member contributions is attributable solely to the failure of the member's previous employer to transfer the member contributions.

B. The Agency may not apply the transferred service credit to the member's account until the required deposit of member contributions plus interest is made, in accordance with Regulation .02B of this chapter.

#### Regulation .04 Requests for Waiver of 1-Year Requirement.

*COMAR 22.05.05.04*

A. A member who fails to make a claim to transfer service credit within 1 year of becoming a member of the new system in accordance with Regulation .02 of this chapter for any reason other than is set forth in Regulation .03 of this chapter, may request the Executive Director to accept the member's claim to transfer service credit accrued in the individual's previous system by submitting a written statement, along with any supporting documentation, which details the reasons why the member did not make a claim to transfer service credit within 1 year of becoming a member of the new system.

B. A request for a waiver shall be made within 4 years of becoming a member of the new system. A member or former member who became eligible to transfer service credit prior to July 1, 2007, may apply for a waiver of the 1-year requirement on or before June 30, 2011.

C. A member who requests a waiver based on Regulation .05A(2) of this chapter shall provide written certification from the member's previous or current employer that the sole reason that the member failed to make a claim within 1 year was due to misinformation from or mishandling by the member's employer. The written certification shall be from the member's appointing authority, the Secretary or the Deputy Secretary of the member's principal department, or, if the member does not work for a principal department, the equivalent agency head.

D. Upon receipt of a request for waiver, the Executive Director may request, and the member shall provide, any additional information or documentation that the Executive Director considers appropriate to substantiate the member's request.

#### Regulation .05 Review of a Request for Waiver of 1-Year Requirement by the Executive Director.

*COMAR 22.05.05.05*

A. The Executive Director may accept a member's request for a waiver if the member demonstrates, to the satisfaction of the Executive Director, that:

  (1) The member's failure to make a claim to transfer service credit within 1 year was attributable solely to physical or mental incapacity during the filing period; or

  (2) The member's failure to make a claim to transfer service credit within 1 year was attributable solely to misinformation or mishandling by the member's employer, and the member provides the certification required in Regulation .04C of this chapter.

B. If the Executive Director denies a request for a waiver, the Executive Director shall present the decision to the Administrative Committee of the Board of Trustees for review at a regular meeting of the Committee. The Executive Director shall notify the member of the date of the Administrative Committee meeting at which time the member shall have an opportunity to be heard.

#### Regulation .06 Review of the Denial of a Request for Waiver by the Administrative Committee of the Board of Trustees.

*COMAR 22.05.05.06*

A. The Administrative Committee may overturn the decision of the Executive Director and accept a member's request for a waiver if the Administrative Committee finds that the member's failure to make a claim to transfer service credit within 1 year was due to one of the reasons specified in Regulation .05A of this chapter.

B. The review of the denial of a request for a waiver by the Administrative Committee is not a contested case under State Government Article, §10-202, Annotated Code of Maryland, for which a hearing is required under COMAR 22.03.04.