Ch. 6                                            1994 LAWS OF MARYLAND

(3) HAS NOT WITHDRAWN THE FORMER MEMBER'S ACCUMULATED
CONTRIBUTIONS, IF ANY.

(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 § 23-401 OR § 23-402
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, §§ 4-403 and 5-403.

In subsection (a)(1) of this section, the phrase "was eligible ... when the
former member's membership terminated" is substituted for the former
phrase "is otherwise eligible" to clarify when an individual must be eligible.

In subsection (b)(1) of this section, the phrase "with a retirement allowance
under § 23-401 or § 23-402 of this subtitle" is added to state expressly that
which formerly was 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.

Defined terms: "Accumulated contributions" § 20-101
"Board of Trustees" § -20-101
"Former member" § 20-101
"Retirement" § 20-101
"Retirement allowance" § 20-101

23-404. SPECIAL EARLY RETIREMENT.

(A)     "APPOINTED OFFICIAL" DEFINED.

IN THIS SECTION, "APPOINTED OFFICIAL" MEANS AN INDIVIDUAL APPOINTED
TO A PUBLIC OFFICE OF THE STATE WHO MEETS THE LEGAL CRITERIA FOR AN
APPOINTED OFFICIAL AS DETERMINED BY THE OFFICE OF THE ATTORNEY
GENERAL.

(B)      IN GENERAL.

THE BOARD OF TRUSTEES SHALL PAY A MEMBER OF THE EMPLOYEES'
PENSION SYSTEM WHO QUALIFIES UNDER SUBSECTION (C) OF THIS SECTION A
NORMAL SERVICE RETIREMENT ALLOWANCE, REGARDLESS OF AGE, IF THE
MEMBER:                                                                                                                         

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