HARRY HUGHES, Governor

115

FROM ALL FUNDS SHALL BE CALCULATED AND PAID ON THE SAME
BASIS AND AT THE SAME RATE.

125. EXEMPTION FROM EXECUTION.

THE RIGHT OF A PERSON TO A RETIREMENT ALLOWANCE, THE
RETURN OF CONTRIBUTIONS, ANY OPTIONAL BENEFIT OR DEATH
BENEFIT, OR ANY OTHER RIGHT ACCRUED OR ACCRUING TO ANY
PERSON UNDER THIS SUBTITLE, AND THE MONEY IN THE VARIOUS
FUNDS CREATED BY THIS SUBTITLE, MAY NOT BE SUBJECT TO
EXECUTION, GARNISHMENT, ATTACHMENT, OR ANY OTHER PROCESS,
AND SHALL BE UNASSIGNABLE EXCEPT AS THIS SUBTITLE
SPECIFICALLY PROVIDES.

126. PROTECTION AGAINST FRAUD.

ANY PERSON WHO KNOWINGLY MAKES ANY FALSE STATEMENT OR
FALSIFIES OR PERMITS TO BE FALSIFIED ANY RECORD OF THIS
PENSION SYSTEM IN ANY ATTEMPT TO DEFRAUD THIS SYSTEM IS
GUILTY OF A MISDEMEANOR, AND SHALL BE PUNISHABLE UNDER THE
LAWS OF THE STATE OF MARYLAND. IF ANY CHANGE OR ERROR IN
THE RECORDS RESULTS IN ANY MEMBER OR BENEFICIARY RECEIVING
FROM THIS PENSION SYSTEM MORE OR LESS THAN HE WOULD HAVE
BEEN ENTITLED TO RECEIVE HAD THE RECORDS BEEN CORRECT, THE
BOARD OF TRUSTEES SHALL:

(1)   CORRECT THE ERROR; AND

(2)   AS FAR AS PRACTICABLE, ADJUST THE PAYMENT
IN A MANNER THAT THE ACTUARIAL EQUIVALENT OF THE BENEFIT TO
WHICH THE MEMBER OR BENEFICIARY WAS CORRECTLY ENTITLED SHALL
BE PAID.

127. LIMITATION ON MEMBERSHIP.

ANY OTHER LAW THAT PROVIDES WHOLLY OR PARTLY AT THE
EXPENSE OF THE STATE OF MARYLAND FOR PENSIONS OR RETIREMENT
BENEFITS FOR EMPLOYEES OF THE STATE, THEIR SURVIVING
SPOUSES, OR OTHER DEPENDENTS, DOES NOT APPLY TO MEMBERS OR
BENEFICIARIES OF THIS PENSION SYSTEM, THEIR SURVIVING
SPOUSES, OR OTHER DEPENDENTS, EXCEPT BENEFITS FROM SOCIAL
SECURITY. THIS SECTION DOES NOT APPLY TO ANY PERSON WHOSE
PENSION OR RETIREMENT ALLOWANCE WAS ESTABLISHED UNDER OTHER
LAW AND TO WHICH THE STATE DOES NOT CONTRIBUTE, AND IT DOES
NOT APPLY TO THE BENEFICIARIES OF THAT PERSON.

128. POST COMPLIANCE AUDITS.

AT HIS DISCRETION THE LEGISLATIVE AUDITOR MAY CONDUCT
AN ANNUAL AUDIT OF A FISCAL AND COMPLIANCE NATURE OF THE
ACCOUNTS AND TRANSACTIONS OF THE EMPLOYEES' PENSION SYSTEM
IN PLACE OF CONDUCTING THESE AUDITS ON A BIENNIAL BASIS.
OFFICIALS OF THE EMPLOYEES' PENSION SYSTEM SHALL BE ADVISED
WHETHER ANNUAL OR BIENNIAL AUDITS WILL BE CONDUCTED.

129. PRERETIREMENT COUNSELING SERVICE.