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ROBERT L. EHRLICH, JR., Governor Ch. 535
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PROGRAM IF THE EMPLOYEE IS SEPARATED FROM SERVICE VOLUNTARILY, OR
INVOLUNTARILY BECAUSE OF MISCONDUCT, BEFORE THE TIME SPECIFIED IN THE
AGREEMENT.
(B) AN EMPLOYEE WHO VOLUNTARILY TRANSFERS FROM THE
PARTICIPATING UNIT TO ANOTHER UNIT OF STATE GOVERNMENT BEFORE THE DATE
SPECIFIED IN THE AGREEMENT MAY NOT BE REQUIRED TO REPAY BENEFITS TO THE
STATE UNLESS, BEFORE THE EFFECTIVE DATE OF THE TRANSFER, THE HEAD OF THE
PARTICIPATING UNIT THAT PROVIDED THE BENEFITS NOTIFIES THE EMPLOYEE
THAT REPAYMENT IS REQUIRED.
(C) (1) IF AN EMPLOYEE FAILS TO REPAY ANY AMOUNT OWED TO THE
STATE UNDER SUBSECTION (A)(2) OF THIS SECTION, THE STATE MAY RECOVER THE
AMOUNT OUTSTANDING BY:
(I) SETOFF AGAINST ACCRUED COMPENSATION, RETIREMENT
BENEFITS, OR ANY OTHER AMOUNT OWED TO THE EMPLOYEE BY THE STATE; AND
(II) ANY OTHER METHOD PROVIDED BY LAW.
(2) THE HEAD OF THE PARTICIPATING UNIT THAT PROVIDED BENEFITS
TO AN EMPLOYEE UNDER A PROGRAM MAY WAIVE, IN WHOLE OR IN PART, A RIGHT
OF RECOVERY UNDER THIS SUBSECTION IF RECOVERY WOULD BE INEQUITABLE OR
AGAINST PUBLIC POLICY.
(D) AN EMPLOYEE IS INELIGIBLE FOR CONTINUED BENEFITS UNDER A
PROGRAM IF THE EMPLOYEE:
(1) SEPARATES FROM THE PARTICIPATING UNIT PROVIDING THE
BENEFITS; OR
(2) DOES NOT MAINTAIN AN ACCEPTABLE LEVEL OF PERFORMANCE, AS
DETERMINED UNDER STANDARDS AND PROCEDURES ESTABLISHED BY THE
PARTICIPATING UNIT.
(E) BENEFITS PROVIDED TO AN EMPLOYEE UNDER A PROGRAM SHALL BE IN
ADDITION TO THE SALARY AND ANY OTHER COMPENSATION PAYABLE TO THE
EMPLOYEE.
10-506.
(A) THE SECRETARY OF BUDGET AND MANAGEMENT SHALL ADOPT
REGULATIONS ESTABLISHING STANDARDS, REQUIREMENTS, AND PROCEDURES
THAT THE SECRETARY CONSIDERS NECESSARY TO PROVIDE REASONABLE
UNIFORMITY AMONG PROGRAMS ESTABLISHED UNDER § 10-503 OF THIS SUBTITLE.
(B) THE REGULATIONS SHALL BE ADOPTED AFTER CONSULTATION WITH THE
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LEGISLATURE SERVICES AND THE
SECRETARY OF JUVENILE SERVICES.
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- 3119 -
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