Ch. 6

1994 LAWS OF MARYLAND

(2) BEFORE APPROVING THE SUPERINTENDENT'S ORDER, THE BOARD
OF TRUSTEES SHALL GIVE THE MEMBER AT LEAST 30 DAYS' NOTICE AND AN
OPPORTUNITY TO BE HEARD.

(C) SAME — MANDATORY AT AGE 60.                     

EXCEPT FOR THE SUPERINTENDENT OF THE MARYLAND STATE POLICE, A
MEMBER SHALL RETIRE WITH A NORMAL SERVICE RETIREMENT ALLOWANCE NOT
LATER THAN THE FIRST DAY OF THE MONTH AFTER THE MEMBER BECOMES 60
YEARS OLD.

(D) COMPUTATION OF NORMAL SERVICE RETIREMENT ALLOWANCE.

ON RETIREMENT UNDER THIS SECTION, A MEMBER IS ENTITLED TO RECEIVE A
NORMAL SERVICE RETIREMENT ALLOWANCE THAT EQUALS:

(1)  ONE FORTY-FIFTH OF THE MEMBER'S AVERAGE FINAL
COMPENSATION MULTIPLIED BY EACH YEAR OF THE MEMBER'S FIRST 25 YEARS OF
CREDITABLE SERVICE; AND

(2)      ONE-NINETIETH OF THE MEMBER'S AVERAGE FINAL
COMPENSATION MULTIPLIED BY EACH YEAR OF CREDITABLE SERVICE IN EXCESS
OF 25 YEARS.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 73B, § 6-401.

In subsections (a) and (c) of this section, the phrase "with a normal service
retirement allowance" is added to conform to other similar provisions in this
Division II. See, e.g., § 22-401 of this article. Correspondingly, in subsection
(d) of this section, the phrase "normal service retirement" is added to modify
"allowance".

In subsection (a) of this section, the defined term "eligibility service" is
substituted for "creditable service" because the years of service considered in
making the computation under this section are used to determine eligibility
for a benefit. See General Revisor's Note to this Division II.

The State Personnel and Pensions Article Review Committee was unable to
determine the intent and application of subsection (b) of this section. This
provision does not offer guidance as to the nature of the required notice and
hearing nor does this provision indicate the circumstances under which it
should be applied. The Maryland State Police indicate that this provision has
not been used nor is its use anticipated. The Committee urges the General
Assembly to consider the language of, this provision and its ultimate
usefulness.

The State Personnel and Pensions Article Review Committee also notes, for
the consideration by the General Assembly, that subsections (b) and (c) of this
section may be unenforceable given federal legislation prohibiting age
discrimination. See generally, 29 U.S.C. §§ 621, 623, and 633. The General
Assembly may wish to delete these subsections.

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