Ch. 570

LAWS OF MARYLAND

and elected officials and certain unclassified employees of
the State.

BY repealing and reenacting, with amendments,

Article 73B - Pensions

Section 11(12) and 117(13)

Annotated Code of Maryland

(1988 Replacement Volume and 1988 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 73B - Pensions

11.

(12) [(a) Notwithstanding anything to the contrary in this
article, if any person, while being a member of the State
Employees' Retirement System, has been or may hereafter be
appointed or elected to any State office, or promoted by an
express appointment by the appointing authority with the express
concurrence of the Secretary of Personnel to any position within
the State government which is not a part of the classified
service and which is not covered by the provisions of Article 64A
(Merit System), for a fixed or indefinite term and not be
continued in office after serving in such position for a period
of one (1) year, reappointed or reelected, provided that the
termination of employment was involuntary, except for officials
elected or appointed prior to July 22, 1981, as determined by the
Secretary of Personnel, after the completion of sixteen years of
creditable service, regardless of age, such member may elect, in
lieu of the withdrawal of his accumulated contributions, to have
such contributions paid to him in an annuity of equivalent
actuarial value, in which event he shall also be paid a pension
equal to the ordinary disability pension that would have been
payable at such time had he been retired on an ordinary
disability retirement; and if any person, while being a member of
said retirement system, shall vacate his position by reason of
the termination of his tenure by act of the General Assembly
after said person has twenty years of creditable service,
regardless of age, he may elect to receive the allowance for
service retirement in lieu of the withdrawal of his accumulated
contributions. The board of trustees shall include any
additional amount required to pay such pension in the amount
certified to the Governor as required by § 14(4) of this
article.]

(A) IN THIS SUBSECTION, "APPOINTED OFFICIAL" MEANS AN
INDIVIDUAL APPOINTED TO A PUBLIC OFFICE OF THE STATE WHO MEETS
THE LEGAL CRITERIA FOR AN APPOINTED OFFICIAL AS DETERMINED BY THE
OFFICE OF THE ATTORNEY GENERAL.

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