98

LAWS OF MARYLAND

Ch. 23

117. BENEFITS.

(1)   (A) ANY MEMBER MAY RETIRE ON WRITTEN
APPLICATION TO THE BOARD OF TRUSTEES SETTING FORTH AT WHAT
TIME HE DESIRES TO BE RETIRED, PROVIDED THAT THE MEMBER AT
THE TIME HE SPECIFIES FOR HIS RETIREMENT SHALL HAVE
ATTAINED: (I) 30 YEARS OF CREDITABLE SERVICE, OR (II) THE
AGE AND HAVE THE YEARS OF CREDITABLE SERVICE AS FOLLOWS AND
NOTWITHSTANDING THAT DURING THE PERIOD OF NOTIFICATION HE
MAY HAVE SEPARATED FROM SERVICE:

AGE                                  YEARS OF CREDITABLE SERVICE

62         WITH                                    5

63         WITH                                    4

64        WITH                                    3

65 OR MORE WITH                                    2

(B) (I) EXCEPT AS OTHERWISE PROVIDED, ANY
MEMBER IN SERVICE WHO IS 70 YEARS OLD SHALL BE RETIRED ON
THE FIRST DAY OF THE NEXT CALENDAR MONTH FOLLOWING THE
ATTAINMENT OF AGE 70.

(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.