§ 25-403. Reemployment of retirees
West's Annotated Code of MarylandState Personnel and PensionsEffective: June 1, 2022
Effective: June 1, 2022
MD Code, State Personnel and Pensions, § 25-403
§ 25-403. Reemployment of retirees
(a) Except as provided in subsection (h) of this section, an individual who is receiving a service retirement allowance or vested allowance may accept employment with a participating employer on a permanent, temporary, or contractual basis, if the individual immediately notifies the Board of Trustees:
(b)(1) The Board of Trustees shall reduce the allowance of an individual who accepts employment as provided under subsection (a) of this section if:
(i) the individual's current employer is a participating employer other than the State and is the same participating employer that employed the individual at the time of the individual's last separation from employment with a participating employer before the individual commenced receiving a service retirement allowance or vested allowance; or
(ii) the individual's current employer is any unit of State government and the individual's employer at the time of the individual's last separation from employment with the State before the individual commenced receiving a service retirement allowance or vested allowance was also a unit of State government.
(2)(i) Subject to subparagraphs (ii) and (iii) of this paragraph, the reduction under paragraph (1) of this subsection shall equal the amount by which the sum of the individual's initial annual basic allowance and the individual's annual compensation exceeds the average final compensation used to compute the basic allowance.
(iv) a retiree of the Correctional Officers' Retirement System who is reemployed on a contractual basis for not more than 4 years by the Division of Corrections, the Division of Pretrial Detention and Services, or the Patuxent Institution in the Department of Public Safety and Correctional Services as a correctional officer in a correctional facility defined in § 1-101 of the Correctional Services Article; or
(c) An individual who is receiving a service retirement allowance or a vested allowance and who is reemployed by a participating employer may not receive creditable service or eligibility service during the period of reemployment.
(d) The individual's compensation during the period of reemployment may not be subject to the employer pickup provisions of § 21-303 of this article or any reduction or deduction as a member contribution for pension or retirement purposes.
(e) The State Retirement Agency shall institute appropriate reporting procedures with the affected payroll systems to ensure compliance with this section.
(f)(1) Immediately on the employment of any individual receiving a service retirement allowance or a vested allowance, a participating employer shall notify the State Retirement Agency of the type of employment and the anticipated earnings of the individual.
(2) At least once each year, in a format specified by the State Retirement Agency, each participating employer shall provide the State Retirement Agency with a list of all employees included on any payroll of the employer, the Social Security numbers of the employees, and their earnings for that year.
(g) At the request of the State Retirement Agency, a unit of State government shall certify to the State Retirement Agency that the individual was not employed by any unit of State government at the time of the individual's last separation from employment before the individual commenced receiving a service retirement allowance or a vested allowance.
(h) An individual who is receiving a service retirement allowance under this title may not be employed within 45 days of the date the individual retired, on a permanent, temporary, or contractual basis, by:
(i) The Division of Corrections, the Division of Pretrial Detention and Services, or the Patuxent Institution in the Department of Public Safety and Correctional Services shall notify the State Retirement Agency of any retirees who qualify under subsection (b)(3)(iv) of this section.
(j) On or before September 1 of each year, the Commissioner of Corrections, the Commissioner of Pretrial Detention and Services, and the Director of the Patuxent Institution in the Department of Public Safety and Correctional Services shall jointly submit a report in accordance with § 2-1257 of the State Government Article to the Joint Committee on Pensions that provides:
Credits
Added by Acts 1996, c. 618, § 2, eff. July 1, 1996. Amended by Acts 1998, c. 779, § 1, eff. July 1, 1998; Acts 2001, c. 580, § 1, eff. June 1, 2001; Acts 2001, c. 733, § 1, eff. July 1, 2001; Acts 2005, c. 493, § 1, eff. July 1, 2005; Acts 2006, c. 392, § 1, eff. July 1, 2006; Acts 2006, c. 618, § 1, eff. July 1, 2006; Acts 2007, c. 465, § 1, eff. July 1, 2007; Acts 2010, c. 698, § 1, eff. July 1, 2010; Acts 2011, c. 136, § 1, eff. July 1, 2011; Acts 2011, c. 591, § 1, eff. July 1, 2011; Acts 2012, c. 469, § 1, eff. July 1, 2012; Acts 2012, c. 470, § 1, eff. July 1, 2012; Acts 2013, c. 479, § 1, eff. July 1, 2013; Acts 2013, c. 480, § 1, eff. July 1, 2013; Acts 2019, c. 8, § 5; Acts 2020, c. 381, § 1, eff. July 1, 2020; Acts 2020, c. 382, § 1, eff. July 1, 2020; Acts 2022, c. 353, § 1, eff. June 1, 2022.
MD Code, State Personnel and Pensions, § 25-403, MD ST PERS & PENS § 25-403
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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