2092

LAWS OF MARYLAND

Ch. 276

period employer. (i) The entire amount which an individual
received or will receive with respect to a week in the form of a
retirement payment from a base period employing unit for which he
performed services and which pays all of the cost of such
retirement payment, or from a trust, annuity, profit sharing
plan, or insurance fund, or under an annuity or insurance
contract, to or under which a base period employing unit for
which he performed service pays or has paid all the premiums or
contributions; and (ii) one half of the amount which an
individual has received or will receive with respect to a week in
the form of a retirement payment from a base period employing
unit for which he performed services and which pays some, but not
all, of the cost of such retirement, or from a trust, annuity,
profit sharing plan, or insurance fund, or under an annuity or
insurance contract, to or under which a base period employing
unit for which he performed services pays or has paid some, but
not all of the premiums or contributions.

(2)  However, if such retirement pay, calculated
pursuant to subsection (1), is less than his weekly benefit
amount, an otherwise eligible individual is not ineligible and is
entitled to receive for such week benefits reduced by the amount,
calculated pursuant to subsection (1), of such payments. [Any
benefit payment reduced under this subsection constitutes a full
week's benefits for computing duration during the benefit year.]

(3)  (i) For the purposes of calculating the weekly
rate of a pension, annuity or retirement, or retired pay,
periodic payments shall be prorated on a weekly basis to the
period between the periodic payments; and

(ii) A lump sum payment of a pension, annuity,
or retirement or retired pay shall be allocated to a number of
weeks following the date of separation according to the number of
weeks of pay received at the individual's last pay rate.

(4)  IN THE CASE OF PAYMENTS IN THE FORM OF A PENSION,
ANNUITY, RETIREMENT, OR RETIRED PAY PAID TO AN INDIVIDUAL UNDER
THE SOCIAL SECURITY ACT OR THE RAILROAD RETIREMENT ACT OF 1974,
THE INDIVIDUAL'S WEEKLY BENEFIT AMOUNT SHALL BE REDUCED BY THE
AMOUNT CALCULATED PURSUANT TO § 6(G)(1)(I) AND (II) IF ANY OF
THAT INDIVIDUAL'S BASE PERIOD EMPLOYERS WERE SUBJECT TO THE
PROVISIONS OF THE SOCIAL SECURITY ACT OR THE RAILROAD RETIREMENT
ACT OF 1974 WITH RESPECT TO WAGES PAID TO THE INDIVIDUAL.

(h) For any week with respect to which he is receiving, has
received, or has filed, or is eligible to file a claim for
remuneration in an amount equal to or in excess of his weekly
benefit amount in the form of dismissal payment or wages in lieu
of notice whether legally required or not, such payments to be
allocated to a number of weeks following separation from
employment equal to the number of weeks' pay received.

Provided, that if such remuneration is less than his weekly
benefit amount, an otherwise eligible individual shall not be