Ch. 6

1994 LAWS OF MARYLAND

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 73B, § 7-401.

            In subsection (a) of this section, the phrase "with a normal service retirement

allowance" is added, to conform to other similar sections in this Division II.

In subsection (a)(1) of this section, the defined term "eligibility service" is
substituted for the former term "creditable service" because the years of
service addressed under this provision are used to determine eligibility for a
benefit. See General Revisor's Note to this Division II.

Former Art. 73B, § 7-402 is deleted as inconsistent with federal law
prohibiting age discrimination. See 29 U.S.C. §§ 621, 623, and 633.

Defined terms: "Average final compensation" § 20-101
"Board of Trustees" § 20-101
"Creditable service" § 20-101
"Eligibility service" § 20-101
"Member" § 20-101
"Retirement" § 20-101
"Retirement allowance" § 20-101

25-402. RETIREMENT AFTER TERMINATION OF MEMBERSHIP.

(A)     SCOPE OF SECTION.

THIS SECTION APPLIES TO A FORMER MEMBER WHO:

(1)      WAS ELIGIBLE FOR A RETIREMENT ALLOWANCE UNDER § 25-401 OF
THIS SUBTITLE WHEN THE FORMER -MEMBER'S MEMBERSHIP TERMINATED;

(2)      DID NOT SUBMIT A WRITTEN APPLICATION UNDER § 25-401 BEFORE
MEMBERSHIP TERMINATED; AND

(3) HAS NOT WITHDRAWN ACCUMULATED CONTRIBUTIONS.

(B)     APPLICATION FOR RETIREMENT; RETROACTIVE PAYMENTS PROHIBITED.

(1)      A FORMER MEMBER DESCRIBED IN SUBSECTION (A) OF THIS
SECTION MAY RETIRE WITH A RETIREMENT ALLOWANCE UNDER § 25-401 OF THIS
SUBTITLE ON THE FIRST DAY OF THE MONTH AFTER THE BOARD OF TRUSTEES
RECEIVES A WRITTEN APPLICATION FOR RETIREMENT FROM THE FORMER
MEMBER.

(2)      A FORMER MEMBER WHO RETIRES UNDER THIS SECTION MAY NOT
RECEIVE BENEFITS FOR THE PERIOD BEFORE THE FORMER MEMBER SUBMITS A
COMPLETED APPLICATION TO THE BOARD OF TRUSTEES.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 73B, § 7-403.

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