WILLIAM DONALD SCHAEFER, Governor

Ch. 6

"Eligibility service" § 20-101
"Member" § 20-101
"Retirement" § 20-101
"Retirement allowance" § 20-101

22-403. RETIREMENT AFTER TERMINATION OF MEMBERSHIP.

(A)     SCOPE OF SECTION.

THIS SECTION APPLIES TO A FORMER MEMBER WHO:

(1)      WAS ELIGIBLE FOR A RETIREMENT ALLOWANCE UNDER § 22-401 OR
§ 22-402 OF THIS SUBTITLE WHEN THE FORMER MEMBER'S MEMBERSHIP
TERMINATED;

(2)      DID NOT SUBMIT A WRITTEN APPLICATION UNDER § 22-401 OR §
22-402 OF THIS SUBTITLE BEFORE MEMBERSHIP TERMINATED; AND

(3)      HAS NOT WITHDRAWN ACCUMULATED CONTRIBUTIONS.

(B)      APPLICATION FOR RETIREMENT; RETROACTIVE PAYMENTS PROHIBITED.

(1)      A FORMER MEMBER DESCRIBED IN SUBSECTION (A) OF THIS
SECTION MAY RETIRE WITH A RETIREMENT ALLOWANCE UNDER § 22-401 OR § 22-402
OF THIS SUBTITLE ON THE FIRST DAY OF THE MONTH AFTER THE BOARD OF
TRUSTEES RECEIVES A WRITTEN APPLICATION FOR RETIREMENT FROM THE
FORMER MEMBER.

(2)      A FORMER MEMBER WHO RETIRES UNDER THIS SECTION MAY NOT
RECEIVE BENEFITS FOR THE PERIOD BEFORE THE FORMER MEMBER SUBMITTED A
COMPLETED APPLICATION FOR RETIREMENT TO THE BOARD OF TRUSTEES.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 73B, §§ 2-403 and 3-403.

In subsection (a) of this section, the phrase "was eligible ... when the former
member's membership terminated" is substituted for "[i]s otherwise eligible"
to clarify when an individual must be eligible.

In subsection (b)(1) of this section, the phrase "with a retirement allowance
under § 22-401 or § 22-402 of this subtitle" is added to state expressly that
which was formerly only implied in the law — i.e., the former member would
retire with a retirement allowance.

In subsection (b)(2) of this section, the reference to "benefits for the period
before the former member submitted a completed application for retirement
to the Board of Trustees" is substituted for the former reference to
"retroactive payments" to clarify what was meant by retroactive payments.

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