Section 23-408 - [Repealed]. - Maryland Statutes

§ 23-408. Service credit for members of the Judges' Retirement System.
 

(a)  Applicability of section.- This section applies to an individual who: 

(1) is eligible for membership in the Judges' Retirement System as provided in § 27-201(a) of this title; and 

(2) (i) is receiving a service retirement allowance from the Employees' Pension System at the time of appointment in item (1) of this subsection; or 

(ii) 1. has earned a vested allowance from the Employees' Pension System; and 

2. begins receiving the vested allowance while serving as a judge described in item (1) of this subsection. 

(b)  Election of service credit.- An individual described in subsection (a) of this section may elect to receive service credit in the Judges' Retirement System. 

(c)  Form.-  

(1) An individual described in subsection (a) of this section who elects to receive service credit in the Judges' Retirement System under subsection (b) of this section shall complete and file a form provided by the Board of Trustees directing the Board of Trustees to suspend the individual's allowance while the individual is receiving service credit in the Judges' Retirement System. 

(2) (i) An individual shall file a form described in paragraph (1) of this subsection with the Board of Trustees: 

1. if the individual is receiving a service retirement allowance from the Employees' Pension System prior to serving as a judge, at the time the individual becomes a member of the Judges' Retirement System; or 

2. if the individual has earned a vested allowance from the Employees' Pension System and becomes eligible to receive that allowance after the individual becomes a member of the Judges' Retirement System, at the time the individual applies to receive the vested allowance. 

(ii) A temporary suspension under this subsection shall begin on the first day of the month following the month in which the Board of Trustees received the individual's request to temporarily suspend the allowance. 

(d)  Temporary suspension of allowance prohibits reduction.- An individual whose allowance is temporarily suspended under subsection (c) of this section is not subject to a reduction as provided in § 23-407 of this subtitle during the period the individual is serving as a judge. 

(e)  Reinstatement of allowance.-  

(1) On receiving satisfactory documentation that the individual is no longer serving as a judge, the Board of Trustees shall reinstate the individual's allowance with accumulated cost-of-living adjustments from the date the allowance was temporarily suspended. 

(2) The individual's allowance will be reinstated on the first day of the month following the month in which the individual ceased serving as a judge. 

(f)  Survivorship benefits.- If an individual whose allowance is temporarily suspended dies while serving as a judge, the surviving spouse of the individual shall receive: 

(1) survivorship benefits as provided in § 27-403 of this article; and 

(2) if the surviving spouse is the individual's designated beneficiary, the survivorship benefits selected by the individual at the time of retirement from the Employees' Pension System. 
 

[2008, ch. 516.]