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2007 Laws of Maryland
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Ch. 465
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Article - State Personnel and Pensions
25-403.
(a) Except as provided in subsection (h) of this section, an individual who is
receiving a service retirement allowance or vested allowance may accept employment
with a participating employer on a permanent, temporary, or contractual basis, if the
individual immediately notifies the Board of Trustees:
(1) of the individual's intention to accept the employment; and
(2) of the compensation that the individual will receive.
(b) (1) The Board of Trustees shall reduce the allowance of an individual
who accepts employment as provided under subsection (a) of this section if the
individual's current employer is any unit of State government and the individual's
employer at the time of the individual's last separation from employment with the
State before the individual commenced receiving a service retirement allowance or
vested allowance was also a unit of State government.
(2) The reduction under paragraph (1) of this subsection shall equal
the amount by which the sum of the individual's initial annual basic allowance and
the individual's annual compensation exceeds the average final compensation used to
compute the basic allowance.
(3) The reduction under this subsection does not apply to:
(i) an individual who has been retired for 9 years, beginning on
January 1, after the date the individual retires;
(ii) an individual whose average final compensation was less
than $10,000 and who is reemployed on a temporary or contractual basis;
(iii) an individual who is serving in an elected position as an
official of a participating governmental unit or as a constitutional officer for a county
that is a participating governmental unit; or
(iv) a retiree of the Correctional Officers' Retirement System
who is reemployed on a contractual basis for not more than 4 years by the Division of
Corrections, THE DIVISION OF PRETRIAL DETENTION AND SERVICES, OR THE
PATUXENT INSTITUTION in the Department of Public Safety and Correctional
Services as a correctional officer in a correctional facility defined in § 1-101 of the
Correctional Services Article.
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