Maryland State Personnel and Pensions Section 24-405

Article - State Personnel and Pensions

§ 24-405.

      (a)      Except as provided in subsection (d) of this section and subject to subsections (b) and (c) of this section, an individual who is receiving a service retirement allowance or vested allowance may accept employment with a participating employer on a temporary basis, if:

            (1)      the employment is not in a regularly allocated position; and

            (2)      the individual immediately notifies the Board of Trustees:

                  (i)      of the individual's intention to accept the employment; and

                  (ii)      of the compensation that the individual will receive.

      (b)      (1)      This subsection does not apply to:

                  (i)      an individual who has been retired for more than 10 years; or

                  (ii)      an individual who participates in the Deferred Retirement Option Program established under § 24-401.1 of this subtitle.

            (2)      The Board of Trustees shall reduce an individual's allowance by the amount that 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.

      (c)      For purposes of this section, employment is not on a temporary basis if, in any 12-month period, an individual works:

            (1)      full time for more than 6 months; or

            (2)      part time for the equivalent of more than 6 months of full-time work.

      (d)      An individual who is rehired under this section may not be rehired within 45 days of the date the individual retired 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 was also a unit of State government.



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