Section 28-402 - Reemployment of retired individual. - Maryland Statutes

§ 28-402. Reemployment of retired individual.
 

(a)  Conditions.- Except as provided in subsection (g) 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, without any reduction in the allowance, if: 

(1) the individual immediately notifies the Board of Trustees of the individual's intention to accept the employment; and 

(2) the individual specifies the compensation to be received. 

(b)  Reduction of retirement allowance; application of section.-  

(1) The Board of Trustees shall reduce the allowance of an individual who accepts employment as provided under subsection (a) of this section if 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. 

(2) The reduction required under paragraph (1) of this subsection shall equal the amount that 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. 

(3) Except for an individual whose allowance is subject to a reduction as provided under paragraph (1) of this subsection, the reduction of an allowance under this subsection does not apply to: 

(i) an individual whose average final compensation was less than $10,000 and who is reemployed on a temporary or contractual basis; 

(ii) an individual who is serving in an elected position as an official of a participating governmental unit or as a constitutional officer for a county that is a participating governmental unit; or 

(iii) an individual who has been retired for 9 years, beginning on January 1 after the date the individual retires. 

(c)  Creditable service and eligibility service suspended.- 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)  Contribution deductions prohibited.- 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)  Reporting procedures.- The State Retirement Agency shall institute appropriate reporting procedures with the affected payroll systems to ensure compliance with this section. 

(f)  Employer's duty to notify State Retirement Agency.-  

(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)  Rehire.- An individual who is rehired under this section may not be rehired within 45 days of the date the individual retired if 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. 
 

[1996, ch. 618, § 2; 1998, ch. 779; 2003, ch. 211; 2005, ch. 493, § 1; 2006, ch. 618, § 1.]