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ROBERT L. EHRLICH, JR., Governor Ch. 392
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with a participating employer on a permanent, temporary, or contractual basis, if the
individual immediately notifies the Board of Trustees:
(1) of the individual's intention to accept the employment; and
(2) of the compensation that the individual will receive.
(b) (1) The Board of Trustees shall reduce the allowance of an individual
who accepts employment as provided under subsection (a) of this section if the
individual's current employer is any unit of State government and the individual's
employer at the time of the individual's last separation from employment with the
State before the individual commenced receiving a service retirement allowance or
vested allowance was also a unit of State government.
(2) The reduction under paragraph (1) of this subsection shall equal the
amount by which the sum of the individual's initial annual basic allowance and the
individual's annual compensation exceeds the average final compensation used to
compute the basic allowance.
(3) The reduction under this subsection does not apply to:
(i) an individual who has been retired for more than 10 years;
(ii) an individual whose average final compensation was less than
$10,000 and who is reemployed on a temporary or contractual basis; [or]
(iii) an individual who is serving in an elected position as an official
of a participating governmental unit or as a constitutional officer for a county that is
a participating governmental unit; OR
(IV) A RETIREE OF THE CORRECTIONAL OFFICERS' RETIREMENT
SYSTEM WHO IS REEMPLOYED ON A CONTRACTUAL BASIS FOR NOT MORE THAN 4
YEARS BY THE DIVISION OF CORRECTIONS IN THE DEPARTMENT OF PUBLIC SAFETY
AND CORRECTIONAL SERVICES AS A CORRECTIONAL OFFICER IN A CORRECTIONAL
FACILITY DEFINED IN § 1-101 OF THE CORRECTIONAL SERVICES ARTICLE.
(c) An individual who is receiving a service retirement allowance or a vested
allowance and who is reemployed by a participating employer may not receive
creditable service or eligibility service during the period of reemployment.
(d) The individual's compensation during the period of reemployment may not
be subject to the employer pickup provisions of § 21-303 of this article or any
reduction or deduction as a member contribution for pension or retirement purposes.
(e) The State Retirement Agency shall institute appropriate reporting
procedures with the affected payroll systems to ensure compliance with this section.
(f) (1) Immediately on the employment of any individual receiving a service
retirement allowance or a vested allowance, a participating employer shall notify the
State Retirement Agency of the type of employment and the anticipated earnings of
the individual.
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