Ch. 397

LAWS OF MARYLAND

[(ii)] (B) A former member who is eligible for
a service retirement allowance at the time service is terminated
and who has not withdrawn his contributions may receive the
service retirement allowance as of the first day of the month
following receipt of the written application.

[(b) (i) Any member in service who is not an elected
or appointed official of the State and who has attained the age
of seventy shall be retired forthwith or on the first day of the
next calendar month.

(ii) If, at the age of 70 years, a member
desires to continue his employment, the member shall apply for
continuation on an annual basis on a form provided by the
Secretary of Personnel. The application for continuation of
employment, in the first instance, shall be submitted not less
than 30 nor more than 90 days prior to becoming 70 years of age,
to the member's department head as well as to the agency that
determines a member's employment status. In the case of a
department head, the application shall be submitted solely to the
agency that determines employment status.

(iii) If the written notice by the employee is
not approved, the employee shall, upon his request, be given a
full hearing before the Maryland Employees Retirement Review
Board.

(iv) If the written application by the employee
is approved, employment will be authorized for one year. Further
continuation of employment shall be based on the execution of the
appropriate application form not less than 30 nor more than 90
days prior to the completion of each authorized year.

(2) (a) There is a Maryland Employees Retirement Review
Board. The Board shall be composed of seven members including
the following: the Secretary of Personnel or his designee; the
State Director on Aging; a physician designated by the Secretary
of the Department of Health and Mental Hygiene; a member of the
board of trustees for the Teachers' Retirement System; and three
members appointed by the Governor to represent the public at
large. The three members appointed by the Governor shall serve
until June 30, 1975. Thereafter, members appointed by the
Governor shall serve terms of four years. Four members of the
Board are a quorum.

(b) The Board shall determine all retirement cases
brought before it by a member or the head of his department.
Subject to the provisions of paragraph (l)(b) of this section,
the Board may retire the employee, may permit him to continue in
employment, may recommend that he be transferred to another
position in the State service, or may recommend that he be placed
on a part-time employment basis.

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