2013 Maryland Code
STATE PERSONNEL AND PENSIONS
§ 26-403 - Reemployment after retirement

§26-403.

(a) Except as provided in subsection (f) of this section, a retiree who is receiving a service retirement allowance may accept employment with a participating employer on a permanent, temporary, or contractual basis, without any reduction in retirement allowance.

(b) A reemployed retiree who is receiving a service retirement allowance may not receive creditable service or eligibility service during the period of reemployment.

(c) The retiree’s compensation during the period of reemployment may not be subject to the employer pickup provisions of § 21-303 of this article or any reduction or deduction as a member contribution for pension or retirement purposes.

(d) The State Retirement Agency shall institute appropriate reporting procedures with the affected payroll systems to ensure compliance with this section.

(e) (1) Immediately on the employment of any retiree, a participating employer shall notify the State Retirement Agency of the type of employment and the anticipated earnings of the retiree.

(2) At least once each year, in a format specified by the State Retirement Agency, each participating employer shall provide the State Retirement Agency with a list of all employees included on any payroll of the employer, the Social Security numbers of the employees, and their earnings for that year.

(f) An individual who is rehired under this section may not be rehired within 45 days of the date the individual retired if:

(1) the individual’s current employer is a participating employer other than the State and is the same participating employer that employed the individual at the time of the individual’s last separation from employment with a participating employer before the individual commenced receiving a service retirement allowance;

(2) (i) at the time of retirement, the individual was a member of the Law Enforcement Officers’ Pension System as an employee of a withdrawn governmental unit; and

(ii) the individual’s current employer is the same withdrawn governmental unit that employed the individual at the time of the individual’s last separation from employment with a withdrawn governmental unit before the individual commenced receiving a service retirement allowance; or

(3) 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 was also a unit of State government.