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Ch. 492 2000 LAWS OF MARYLAND
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16-306.
(a) In this section, "Agency" means the State Retirement Agency.
(b) The Agency may at any time examine the records of public junior or
community colleges to determine whether the State's payments for retirement
contributions for employees of the public junior or community colleges are in
accordance with the provisions of Division II of the State Personnel and Pensions
Article.
(e) (1) (i) If an examination of the records of a public junior or community
college shows that the State has paid more than is required under Division II of the
State Personnel and Pensions Article, within 30 days after the date of the notice to
the junior or community college of the State overpayment, the junior or community
college may appeal the notice of State overpayment to the Secretary of Budget and
Management who shall appoint a hearing examiner.
(ii) The hearing examiner shall make recommendations to the
Secretary of Budget and Management who shall make a final determination
regarding the amount, if any, of the State overpayment.
(2) If a public junior or community college does not appeal to the
Secretary of Budget and Management or if the Secretary of Budget and Management
determines that the State is due reimbursement for excess payments, as provided in
paragraph (1) of this subsection, at the request of the Agency the moneys owed shall
be deducted from any other State funds that would otherwise be paid to the public
junior or community college.
(3) For purposes of the Administrative Procedure Act, an appeal taken
under this section is not a contested case.
(d) Any reimbursements which result from audits under this section:
(1) Shall be applied first to reimburse the Agency for the expenses of the
audits; and
(2) After reimbursement to the Agency under item (1) of this subsection,
shall be credited to the General Fund.
(E) THE AGENCY MAY NOT SEEK REIMBURSEMENT FOR RETIREMENT
CONTRIBUTIONS MADE AFTER JUNE 30, 2000, ON THE BASIS THAT THE SALARY OF AN
ELIGIBLE MEMBER OF THE TEACHERS' RETIREMENT SYSTEM OR TEACHERS'
PENSION SYSTEM IS PAID IN PART OR IN WHOLE FROM:
(1) STATE AID, WHETHER GENERAL OR CATEGORICAL IN NATURE; OR
(2) FEDERAL FUNDS, WHETHER PAID DIRECTLY TO A PUBLIC JUNIOR OR
COMMUNITY COLLEGE OR PASSED THROUGH A UNIT OF STATE GOVERNMENT.
23-504.
(a) In this section, "Agency" means the State Retirement Agency.
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