Md. Code Regs. 22.01.11.06

Current through Register Vol. 52, No. 1, January 10, 2025

Section 22.01.11.06 - Effect of Retirement for More Than 5 Years

A. This regulation applies to a retiree who is receiving a service retirement allowance or vested allowance from the:

(1) Correctional Officers' Retirement System;

(2) Employees ' or Teachers ' Retirement System;

(3) Employees ' or Teachers ' Pension System;

(4) State Police Retirement System; or

(5) Judges ' Retirement System.

B. Except as provided in §C or D of this regulation, if a retiree has been retired for 5 years beginning on January 1 after the date the individual retired, the retiree may be employed by a participating employer on a permanent, temporary, or contractual basis without any reduction in retirement allowance.

C. For a retiree whose effective date of retirement was January 1, the 5-year period shall begin on January 1 of the year in which the retiree accepted the allowance.

D. Twelve-Month Reduction for Early Retirement.

(1) This section applies to a retiree of the Employees' or Teachers' Retirement or Pension Systems who retired with an early service retirement allowance or early vested allowance.

(2) Except as provided in §D(3) of this regulation, an individual who becomes employed by a participating employer within 12 months after receiving an early service retirement allowance or early vested allowance shall be subject to the statutory reduction of the individual's allowance only until the individual has received an allowance for 12 months.

(3) An individual who is subject to the 12-month reduction described in §D(2) of this regulation shall, after the individual has received an allowance for 12 months, be subject to an earnings limitation until the individual has received an allowance for 5 years if:

(a) The individual's current employer is any unit of State government, including the University System of Maryland, and the individual was employed by a unit of State government immediately prior to retirement; or

(b) The individual's current employer is a participating employer other than the State and is the same participating employer that employed the individual immediately prior to retirement.

Md. Code Regs. 22.01.11.06

Regulation .06 adopted effective October 20, 1997 (24:21 Md. R. 1452); adopted effective 49:2 Md. R. 78, eff. 1/24/2022