HARRY HUGHES, Governor

103

(13)  NOTWITHSTANDING ANY OTHER PROVISION IN THIS
SUBTITLE, IF A MEMBER OF THIS PENSION SYSTEM HAS BEEN OR IS
APPOINTED OR ELECTED TO ANY STATE OFFICE, OR PROMOTED BY AN
EXPRESS APPOINTMENT BY THE APPOINTING AUTHORITY WITH THE
EXPRESS CONCURRENCE OF THE SECRETARY OF PERSONNEL, TO ANY
POSITION WITHIN THE STATE GOVERNMENT THAT IS NOT A PART OF
THE CLASSIFIED SERVICE AND IS NOT COVERED BY ARTICLE 64A OF
THE CODE, FOR A FIXED OR INDEFINITE TERM AND DOES NOT
CONTINUE IN OFFICE AFTER SERVING IN THAT POSITION FOR A
PERIOD OF 1 YEAR, REAPPOINTED OR REELECTED, AND IF THE
TERMINATION OF EMPLOYMENT IS INVOLUNTARY AS DETERMINED BY
THE SECRETARY OF PERSONNEL, AFTER HE HAS COMPLETED 16 YEARS
OF CREDITABLE SERVICE, REGARDLESS OF AGE, THE MEMBER INSTEAD
OF WITHDRAWING HIS ACCUMULATED CONTRIBUTIONS, MAY ELECT TO
BE PAID AN UNREDUCED SERVICE ALLOWANCE. IF A MEMBER OF THIS
PENSION SYSTEM, VACATES HIS POSITION BECAUSE OF THE
TERMINATION OF HIS TENURE BY ACT OF THE GENERAL ASSEMBLY
AFTER THE MEMBER HAS 20 YEARS OF CREDITABLE SERVICE,
REGARDLESS OF AGE, HE MAY ELECT TO RECEIVE THE ALLOWANCE FOR
SERVICE RETIREMENT INSTEAD OF WITHDRAWING HIS ACCUMULATED
CONTRIBUTIONS. IF THE BENEFICIARY IS APPOINTED OR ELECTED
TO ANY OFFICE, THE SALARY OR COMPENSATION OF WHICH IS PAID
BY THE STATE, HIS RETIREMENT ALLOWANCE SHALL CEASE, HE MAY
BECOME A MEMBER OF THIS PENSION SYSTEM AGAIN, AND SHALL
CONTRIBUTE IN ACCORDANCE WITH THIS SUBTITLE. ANY CREDITABLE
SERVICE AT THE TIME OF HIS RETIREMENT SHALL BE RESTORED AND,
IN ADDITION, ON HIS SUBSEQUENT RETIREMENT HE SHALL BE
CREDITED WITH ALL HIS SERVICE AS A MEMBER, IF HIS ALLOWANCE
ON THE SUBSEQUENT RETIREMENT DOES NOT EXCEED THE ALLOWANCE
HE WAS RECEIVING BEFORE RESTORATION PLUS THE ALLOWANCE THAT
HAS ACCRUED ON ACCOUNT OF HIS CREDITABLE SERVICE AFTER
RESTORATION. THE PAYMENT OF ALL THESE ALLOWANCES AND THE
CONTINUED PAYMENT OF THESE ALLOWANCES SHALL BE CONTINGENT ON
THE STATE OF MARYLAND PAYING EACH YEAR THE ADDITIONAL AMOUNT
REQUIRED TO MEET THE CURRENT DISBURSEMENTS OF THESE
ALLOWANCES.

(14)  A RETIRED MEMBER MAY ACCEPT TEMPORARY EMPLOYMENT
WITH THE STATE, A PARTICIPATING MUNICIPAL CORPORATION, A
COMMUNITY COLLEGE, OR A PUBLIC SCHOOL SYSTEM IN THE STATE,
WITHOUT REDUCTION IN HIS RETIREMENT ALLOWANCE, IF:

(A)   HE IMMEDIATELY NOTIFIES THE BOARD OF HIS
INTENTION TO ACCEPT THIS EMPLOYMENT;

(B)   HE SPECIFIES THE COMPENSATION HE WILL
RECEIVE;

(C)   THE TEMPORARY EMPLOYMENT IS NOT IN A
REGULARLY ALLOCATED POSITION;

(D)   THE RETIREMENT ALLOWANCE RECEIVABLE BY HIM
CONTINUES WITHOUT OPTIONAL MODIFICATION, PLUS THE AMOUNT OF
THE ANNUAL COMPENSATION FOR THE POSITION DOES NOT EXCEED THE
AVERAGE FINAL COMPENSATION ON WHICH THE RETIREMENT ALLOWANCE
WAS BASED. THE ANNUAL EARNINGS OF THE RETIRED MEMBER SHALL
BE DETERMINED BY THE DIFFERENCE BETWEEN HIS RETIREMENT