2468                                          LAWS OF MARYLAND                      [Ch. 720

11.

[(2) Any member in service who is not an elected or
appointed official of the State and who attains the age
of seventy (70) years on or before July 1, 1947, and any
retired employee who was not an elected or appointed
official of the State, and who was in service on January
1, 1942, may remain, or be reinstated, in service after
attaining such age, if in the opinion of his department
head he is capable of performing the duties of his
position and if his department head gives notice in
writing to the board of trustees of intention to retain
or reinstate such person in service, but the service of
such person shall continue only until July 1, 1947, or to
any earlier time at which he may voluntarily retire or at
which the department head may determine that the employee
is no longer needed in the department. Provided,
however, that no such person shall be retained or
reinstated when there is available to fill his position
an eligible person below the age of seventy (70).

Should any beneficiary be restored to active service
under the provisions of this subsection, his retirement
allowance shall cease, he shall again become a member of
the retirement system, and he shall contribute thereafter
at the same rate he paid prior to retirement. Anything
in this article to the contrary notwithstanding, any
prior service certificate on the basis of which his
service was computed at the time of his retirement shall
be restored to full force and effect, and, in addition,
upon his subsequent retirement he shall be credited with
all his services as a member.]

SECTION 3. AND BE IT FURTHER ENACTED, That new
Section 11(2) be and it is hereby added to Article 73B —
Pensions, of the Annotated Code of Maryland (1970
Replacement Volume and 1973 Supplement) to read as
follows:

Article 73B — Pensions
11(2).

[[(A) ANY MEMBER WHO HAS ATTAINED THE AGE OF SEVENTY
YEARS OR ANY TIME THEREAFTER MAY, AT HIS OPTION RETIRE
UPON HIS WRITTEN APPLICATION FILED WITH THE MARYLAND
EMPLOYEES RETIREMENT REVIEW BOARD SETTING FORTH AT WHAT
TIME, NOT LESS THAN THIRTY DAYS NOR MORE THAN NINETY DAYS
SUBSEQUENT TO THE EXECUTION AND FILING THEREOF THAT HE
DESIRES TO BE RETIRED. UPON HIS RETIREMENT HE SHALL
RECEIVE HIS APPROPRIATE PENSION BENEFITS.

IF, AT THE AGE OF SEVENTY YEARS OR ANY TIME