HARRY HUGHES, Governor

2471

(c) "Employee" does not include:

(ii) Any judge as defined in §§ 55 through
65 of this [subtitle] ARTICLE;

(iv) Any correctional officer as defined
in §§ 11(20) and 156 of this [subtitle] ARTICLE;

(14) "Average final compensation" means the average
annual earnable compensation of a member during any 3
consecutive years that provide the highest average earnable
compensation. However, if the earnable compensation earned
in a year included in the period used to determine average
final compensation exceeds that of the average of the
previous 2 years' compensation by more than 20 percent, the
amount in excess of 20 percent may not be included in the
computation of average final compensation[, if]. IF, in any
period included in the computation of average final
compensation, the employee has completed less than the
normal number of hours for a full-time employee similarly
employed, his earnable compensation for this period shall be
adjusted to a full-time basis for the purposes of this
compensation. If the period used to determine final average
compensation is the period that immediately precedes the
date of retirement, any month or months (not in excess of
12) that otherwise would be included in computing average
final compensation but during which the member was on
authorized leave of absence at partial pay or without pay
may not be included in the computation of average final
compensation and the month or an equal number of months
immediately preceding this period shall be substituted
instead.

119.

(1) The general administration and responsibility for
the proper operation of this pension system and for making
this subtitle effective are vested in the board of trustees
created under § 12 of this [subtitle] ARTICLE. The board
has the powers and duties set forth in this section.

137.

Notwithstanding any other provision in this subtitle,
if any officer or employee of a participating municipal
corporation, while he is a member of this Pension System for
Employees of the State, vacates his position because of the
termination of his tenure by act of the General Assembly or
because his job or position is abolished by act of the
legislative body of the participating municipal corporation
after the person 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. The board of trustees shall include any
additional amount required to pay the pension in the amount
certified to the chief fiscal officer of the participating