WILLIAM DONALD SCHAEFER, Governor

Ch. 703

(c) If the member later retires or dies while employed by a participating
employer, the Board of Trustees shall reduce the member's annuity reserve and pension
reserve by the amount of payments made to the member during the member's earlier
retirement, unless the member had reimbursed the State system for the payments.]

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:

Article - Estates and Trusts

2-108.

(y) (1) Except in Montgomery, Washington, Frederick, Carroll, Talbot, Caroline,
Cecil, Kent, Queen Anne's, Baltimore, Garrett, and Harford Counties and Baltimore City, and
except as provided in paragraphs (3) and (4) of this subsection, a county shall pay a pension,
in the same manner as salaries are paid during active service, to each judge of the Orphans'
Court who:

(i) Has terminated active service;

           (ii) Has reached 60 years of age; and

(iii) Has completed at least two terms of office.

(2)     The salary or pension shall be the greater of:

(i) $1,200 annually; or

(ii) An annual amount calculated at the rate of 4 percent of the last
annual amount of compensation multiplied by the number of years or partial years of service,
not exceeding 12 years.

(3)     An Orphans' Court judge in Somerset and Worcester Counties is eligible for
a pension under this subsection only if he is in office on or before July 1, 1979.

(4)     In Wicomico County, an Orphans' Court judge who has completed at least
12 years in office is eligible for a pension under this subsection.

(5)     The pension or salary may be suspended during any month the judge is a
full-time employee of any county or of this State.

(6)     Notwithstanding any provision of this section an Orphans' Court judge may
not receive a pension under this section if he is receiving any other State pension BASED ON
SERVICE AS AN ORPHANS' COURT JUDGE.

SECTION 2. 3. AND BE IT FURTHER ENACTED, That Section(s) 22-408 and
23-409, respectively, of Article - State Personnel and Pensions of the Annotated Code of

Maryland (as enacted by Chapter____ (S.B. 1) of the Acts of the General Assembly of

1994) be renumbered to be Section(s) 22-407 and 23-408, respectively.

SECTION 3. 4. AND BE IT FURTHER ENACTED, That Section 1 of this Act
shall be construed retroactively to apply to retirees whose average final compensation was
less than $10,000 and who were reemployed on a temporary or contractual basis on or
after January 1, 1991.

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