MARVIN MANDEL, Governor

1317

and conditions.

BY repealing and reenacting, with amendments,

Article 73B - Pensions

Section 56 (d)

Annotated Code of Maryland

(1970 Replacement Volume and 1975 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 56(d) of Article 73B - Pensions,
of the Annotated Code of Maryland (1970 Replacement
Volume and 1975 Supplement) be and it is hereby repealed
and reenacted, with amendments, to read as follows:

Article 73B - Pensions

56.

(d) [A former judge who accepts a municipal,
county, State, or federal salaried public office or
employment may not be paid a pension under this subtitle
while he remains in the public office or employment.]

A [[FORMER JUDGE]] RETIRED JUDGE ELIGIBLE FOR
BENEFITS UNDER THIS SUBTITLE MAY ACCEPT EMPLOYMENT IN
WHICH ALL OR PART OF THE COMPENSATION FOR THE EMPLOYMENT
COMES FROM MUNICIPAL, COUNTY, STATE, OR FEDERAL FUNDS, IF
HE IMMEDIATELY NOTIFIES THE BOARD OF TRUSTEES OF THE
EMPLOYEES RETIREMENT SYSTEM OF HIS INTENTION TO ACCEPT
THE EMPLOYMENT AND SPECIFIES THE COMPENSATION TO BE
RECEIVED FOR THE EMPLOYMENT. THE ANNUAL RETIREMENT
ALLOWANCE RECEIVABLE BY THE FORMER JUDGE PLUS THE ANNUAL
COMPENSATION FOR THE POSITION MAY NOT EXCEED IN AMOUNT
THE COMPENSATION UPON WHICH THE RETIREMENT ALLOWANCE IS
BASED. DURING ANY PERIOD IN WHICH THE TOTAL OF THE
ANNUAL RETIREMENT ALLOWANCE AND THE ANNUAL COMPENSATION
FOR THE POSITION IN FACT EXCEEDS THE COMPENSATION UPON
WHICH THE RETIREMENT ALLOWANCE IS BASED, THE RETIREMENT
ALLOWANCE SHALL BE REDUCED BY THAT AMOUNT NECESSARY TO
BRING THE FORMER JUDGE'S TOTAL COMPENSATION WITHIN THE
LIMIT SPECIFIED IN THIS SUBSECTION. IF A RETIRED JUDGE
ACCEPTS EMPLOYMENT IN ACCORDANCE WITH THIS SUBSECTION AND
IS SUBSEQUENTLY AWARDED RETIREMENT BENEFITS AS A RESULT

OF THAT EMPLOYMENT, HIS RETIREMENT BENEFITS UNDER THIS

SUBTITLE SHALL BE REDUCED IN THE AMOUNT OF THE RETIREMENT
BENEFITS RESULTING FROM THE SUBSEQUENT EMPLOYMENT.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1976.

Approved May 4, 1976.