Section 29-115 - Temporary suspension of retirement allowance. - Maryland Statutes

§ 29-115. Temporary suspension of retirement allowance.
 

(a)  Scope.-  

(1) This section applies only to a disability retiree who is not eligible to receive a normal service retirement. 

(2) This section does not apply to a disability retiree who is: 

(i) a retiree of: 

1. the State Police Retirement System; 

2. the Law Enforcement Officers' Pension System; 

3. the Local Fire and Police System; or 

4. the Employees' Retirement System or the Employees' Pension System, if at the time of retirement the retiree was a law enforcement officer for a participating employer under § 26-201(a) of this article; and 

(ii) reemployed by a participating employer in any position other than a probationary status law enforcement officer, a law enforcement officer, or chief, as defined in § 3-101 of the Public Safety Article. 

(b)  In general.-  

(1) (i) The Board of Trustees shall, after giving notice, temporarily suspend the retiree's allowance if the retiree: 

1. began receiving a disability retirement allowance on or after July 1, 1998; and 

2. is employed by a participating employer at an annual compensation that is at least equal to the retiree's average final compensation at retirement. 

(ii) A temporary suspension under this subsection shall begin as of the date the retiree is reemployed by a participating employer under subparagraph (i)2 of this paragraph. 

(2) A retiree whose allowance is temporarily suspended under this subsection is not subject to a reduction as provided in § 29-116 of this subtitle during the period of employment by a participating employer. 

(3) Upon receiving satisfactory documentation that the retiree is no longer employed by a participating employer, the Board of Trustees shall reinstate the retiree's allowance with accumulated cost-of-living adjustments from the date the allowance was temporarily suspended. 

(4) The retiree's allowance will be reinstated on the first day of the month following the month in which the retiree ceased employment with the participating employer. 
 

[An. Code 1957, art. 73B, §§ 2-404, 3-404, 4-404, 5-404, 6-403, 7-404, 8-402, 10-218; 1994, ch. 6, § 2; 1995, ch. 372; 1998, ch. 469; 2002, ch. 363; 2004, ch. 532, § 1; 2005, ch. 518; 2006, ch. 479; ch. 618, § 2; 2007, ch. 5.]