PARRIS N. GLENDENING, Governor
Ch. 353
(14) Notwithstanding any other provision of law, if an employee who qualifies
for retirement under paragraph (2) of this section of this Act is separated from
employment before becoming eligible for retirement and dies before the effective date of
retirement, the employee's designated beneficiary shall have the option of either
receiving the death benefit under Title 29, Subtitle 2 of the State Personnel and Pensions
Article, including, if the designated beneficiary is eligible for an Option 2 allowance, an
Option 2 allowance based on a retirement allowance computed as provided under this
Act, of or if the employee filed an application for retirement under this Act before the
date of death, the retirement benefit based on the retirement allowance computed as
provided under this Act that the designated beneficiary would otherwise be entitled to
receive in accordance with the member's application for retirement.
SECTION 3. AND BE IT FURTHER ENACTED, That:
(1) A retiree who retires under this Act may not become reemployed in a
temporary or contractual position with the State, unless the reemployment is approved
by:
(i) The Board of Public Works, for a position not in the Legislative or
Judicial Branch of State government; or
(ii) The Chief Judge of the Court of Appeals for a position in the
Judicial Branch of State government; or
(iii) (ii) The President of the Senate and Speaker of the House of
Delegates, for a position in the Legislative Branch of State government;
(2) If a retiree who retires under this Act is reemployed in a temporary
permanent, temporary, or contractual position with a participating employer, in addition
to any other reduction in the retiree's retirement allowance required under State law, the
retiree's retirement allowance shall be reduced by the amount it exceeds the retirement
allowance the retiree would otherwise have received; and
(3) If a retiree who retires under this Act is reemployed in a permanent
position with a participating employer, the retiree may not have any additional service
credit received under this Act restored to the retiree's credit.
(3) No more than 2% of the total number of employees retiring under this
Act may be reemployed in a contractual or temporary position in any branch of State
government;
(4) The Board of Public Works may not approve the reemployment in a
temporary or contractual position in the Executive Branch of State government of an
employee who retires under this Act, if that reemployment would result in more than 2%
of the retirees who retired under this Act being reemployed in a temporary or contractual
position with the State;
(5) The President of the Senate and the Speaker of the House of Delegates
may not approve the reemployment in a temporary or contractual position in the
Legislative Branch of State government of an employee who retires under this Act, if that
reemployment would result in more than 2% of the retirees who retired under this Act
being reemployed in a temporary or contractual position with the State:
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