HARRY HUGHES, Governor

179

(II)  IF A MEMBER WHO IS 70 YEARS OLD
DESIRES TO CONTINUE HIS EMPLOYMENT, THE MEMBER SHALL APPLY
FOR CONTINUATION ON AN ANNUAL BASIS ON THE FORM PROVIDED BY
THE SECRETARY OF PERSONNEL. THE APPLICATION FOR
CONTINUATION OF EMPLOYMENT, IN THE FIRST INSTANCE, SHALL BE
SUBMITTED, NOT LESS THAN 30 NOR MORE THAN 90 DAYS BEFORE HE
BECOMES 70 YEARS OLD, TO THE MEMBER'S DEPARTMENT HEAD AS
WELL AS TO THE AGENCY THAT DETERMINES A MEMBER'S EMPLOYMENT
STATUS. IN THE CASE OF A DEPARTMENT HEAD, THE APPLICATION
SHALL BE SUBMITTED ONLY TO THE AGENCY THAT DETERMINES
EMPLOYMENT STATUS.

(III) IF THE WRITTEN NOTICE BY THE EMPLOYEE
IS NOT APPROVED, THE EMPLOYEE, ON HIS REQUEST, SHALL BE
GIVEN A HEARING BEFORE THE MARYLAND EMPLOYEES RETIREMENT
REVIEW BOARD.

(IV)  IF THE WRITTEN APPLICATION BY THE
EMPLOYEE IS APPROVED, EMPLOYMENT SHALL BE AUTHORIZED FOR 1
YEAR. FURTHER CONTINUATION OF EMPLOYMENT SHALL BE BASED ON
THE EXECUTION OF THE APPROPRIATE APPLICATION FORM NOT LESS
THAN 30 NOR MORE THAN 90 DAYS BEFORE EACH AUTHORIZED YEAR IS
COMPLETED.

(2)   ON RETIREMENT, A MEMBER SHALL RECEIVE A SERVICE
RETIREMENT ALLOWANCE WHICH SHALL BE COMPUTED AS 8/10 OF 1
PERCENT OF THE PART OF THE MEMBER'S AVERAGE FINAL
COMPENSATION THAT IS NOT IN EXCESS OF THE SOCIAL SECURITY
INTEGRATION LEVEL, PLUS 1 AND 5/10 PERCENT OF THE PART OF
THAT COMPENSATION THAT IS IN EXCESS OF THE SOCIAL SECURITY
INTEGRATION LEVEL, MULTIPLIED BY THE NUMBER OF YEARS OF HIS
CREDITABLE SERVICE.

(3)   ON WRITTEN APPLICATION TO THE BOARD OF TRUSTEES
SETTING FORTH WHEN HE DESIRES TO BE RETIRED, ANY MEMBER WHO
IS NOT 62 YEARS BUT IS AT LEAST 55 YEARS OLD AND HAS
COMPLETED 15 YEARS OF ELIGIBILITY SERVICE MAY RETIRE ON AN
EARLY RETIREMENT ALLOWANCE.

(4)   ON EARLY RETIREMENT, A MEMBER SHALL RECEIVE AN
EARLY RETIREMENT ALLOWANCE WHICH SHALL BE EQUAL TO THE
SERVICE RETIREMENT ALLOWANCE COMPUTED AS PROVIDED IN
SUBSECTION (2) OF THIS SECTION ON THE BASIS OF HIS AVERAGE
FINAL COMPENSATION AND CREDITABLE SERVICE AT THE TIME OF
EARLY RETIREMENT, REDUCED BY 1/2 OF 1 PERCENT FOR EACH MONTH
BY WHICH HIS EARLY RETIREMENT DATE PRECEDES THE DATE HE
ATTAINS AGE 62.

(5)   (A) ON THE APPLICATION OF A MEMBER OR OF HIS
DEPARTMENT HEAD, ANY MEMBER WHO HAS HAD 5 OR MORE YEARS OF
ELIGIBILITY SERVICE MAY BE RETIRED BY THE BOARD OF TRUSTEES
ON AN ORDINARY DISABILITY RETIREMENT ALLOWANCE, IF THE
MEDICAL BOARD, AFTER A MEDICAL EXAMINATION OF THE MEMBER,
CERTIFIES THAT:

(I) THE MEMBER IS MENTALLY OR PHYSICALLY
INCAPACITATED FOR THE FURTHER PERFORMANCE OF DUTY;