HARRY HUGHES, Governor

2651

Article 73B - Pensions

Section 39(e)

Annotated Code of Maryland

(1978 Replacement Volume and 1980 Supplement)

BY adding to

Article 73B - Pensions

Section 89(2)(k), 110(k), and 150(2)(j)

Annotated Code of Maryland

(1978 Replacement Volume and 1980 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article 73B - Pensions

39.

(e) (1) Delinquent payments due under paragraphs (1)
and (3) of subsection (d) may, with interest at the rate of
six per centum per annum be recovered by action in a court
of competent jurisdiction against the political subdivision
liable therefor, or may at the request of the State Agency,
be deducted from any other monies payable to such
subdivision by any department or agency of the State.

(2) (I) IF AN AUDIT OF THE RECORDS OF A SCHOOL
SYSTEM, PUBLIC LIBRARY, OR EDUCATIONAL INSTITUTION REVEALS
THAT THE SYSTEM, LIBRARY, OR INSTITUTION OWES MONEY TO THE
CONTRIBUTION FUND, ANY DELINQUENT PAYMENT MAY NOT BE
COLLECTED UNTIL:

1.  THE SCHOOL SYSTEM, PUBLIC
LIBRARY, OR EDUCATIONAL INSTITUTION HAS AN OPPORTUNITY TO
APPEAL THE DECISION TO THE COMPTROLLER OF THE TREASURY; AND

2. THE COMPTROLLER OF THE TREASURY
FINDS THAT THE FUNDS ARE OWED TO THE CONTRIBUTION FUND.

(II) IF THE COMPTROLLER OF THE TREASURY
DETERMINES THAT MONEYS ARE OWED TO THE CONTRIBUTION FUND,
THE MONEYS SHALL BE DEDUCTED FROM THE INCOME TAX PAYMENTS
STATE FUNDS DUE TO THE POLITICAL SUBDIVISION IN WHICH THE
SCHOOL SYSTEM OR EDUCATIONAL INSTITUTION IS LOCATED. DUE TO

THE SCHOOL SYSTEM, PUBLIC LIBRARY, OR EDUCATIONAL

INSTITUTION A HEARING EXAMINER WHO SHALL BE APPOINTED BY THE
SECRETARY OF THE DEPARTMENT OF BUDGET AND FISCAL PLANNING;
AND

2.  THE HEARING EXAMINER FINDS THAT
THE FUNDS ARE OWED TO THE CONTRIBUTION FUND.