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ROBERT L. EHRLICH, JR., Governor H.B. 1347
A. WAS NOT MAKING ADEQUATE YEARLY PROGRESS OR WAS
A SCHOOL IN NEED OF IMPROVEMENT AS DEFINED UNDER THE FEDERAL NO CHILD
LEFT BEHIND ACT OF 2001 AND AS IMPLEMENTED BY THE STATE DEPARTMENT OF
EDUCATION;
B. WAS RECEIVING FUNDS UNDER TITLE 1 OF THE FEDERAL
NO CHILD LEFT BEHIND ACT OF 2001; OR
C. PROVIDED AN ALTERNATIVE EDUCATION PROGRAM FOR
ADJUDICATED YOUTHS OR STUDENTS WHO HAVE BEEN EXPELLED, SUSPENDED. OR
IDENTIFIED FOR SUSPENSION OR EXPULSION FROM A PUBLIC SCHOOL;
(III) THE ORIGINAL DATE OF REHIRE FOR EACH INDIVIDUAL;
3. (IV) THE SUBJECT MATTER TAUGHT BY EACH
INDIVIDUAL; AND
4. (V) THE ANNUAL SALARY OF EACH INDIVIDUAL.
(D) AN INDIVIDUAL WHO IS REHIRED UNDER THIS SECTION MAY NOT BE
REHIRED WITHIN 45 DAYS OF THE DATE THE INDIVIDUAL RETIRED IF:
(1) THE INDIVIDUAL'S CURRENT EMPLOYER IS A PARTICIPATING
EMPLOYER OTHER THAN THE STATE AND IS THE SAME PARTICIPATING EMPLOYER
THAT EMPLOYED THE INDIVIDUAL AT THE TIME OF THE INDIVIDUAL'S LAST
SEPARATION FROM EMPLOYMENT WITH A PARTICIPATING EMPLOYER BEFORE THE
INDIVIDUAL COMMENCED RECEIVING A SERVICE RETIREMENT ALLOWANCE; OR
(2) 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 WAS
ALSO A UNIT OF STATE GOVERNMENT.
[(c)] (E) 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)] (F) 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)] (G) The State Retirement Agency shall institute appropriate reporting
procedures with the affected payroll systems to ensure compliance with this section.
[(f)] (H) (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.
(2) At least once each year, in a format specified by the State Retirement
Agency, each participating employer shall provide the State Retirement Agency with
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