2013 Maryland Code
STATE PERSONNEL AND PENSIONS
§ 23-215 - Termination of membership

§23-215.

(a) Except as provided in § 23-215.1 of this subtitle, membership ends if the member:

(1) is separated from employment for more than 4 years;

(2) is separated from employment, and rehired into a position that requires enrollment in a part of the Employees’ Pension System or the Teachers’ Pension System that is subject to a different rate of member contributions and benefit accrual;

(3) withdraws the member’s accumulated contributions;

(4) becomes a retiree; or

(5) dies.

(b) Subsection (a)(2) of this section does not apply for purposes of determining eligibility for a disability retirement benefit under § 29-104(a) of this article.

§ 23-215 - 1. Member subject to Alternate Contributory Pension Selection prior to June 30, 2011 -- Effect of rehiring on or before June 30, 2016.

(a) Applicability of section. -- This section applies to a member who:

(1) on or before June 30, 2011, is subject to the Alternate Contributory Pension Selection;

(2) (i) is separated from employment for 4 years or less; or

(ii) 1. is separated from employment for more than 4 years for military service that meets the requirements of the federal Uniformed Services Employment and Reemployment Rights Act; and

2. resumes employment within 1 year of leaving military service in a position that is included in the Employees' Pension System or Teachers' Pension System;

(3) does not withdraw the member's accumulated contributions; and

(4) does not become a retiree.

(b) In general. -- A member described in subsection (a) of this section who on or before June 30, 2016, resumes employment and is rehired into a position that is included in the Employees' Pension System or Teachers' Pension System, shall resume participation in the Alternate Contributory Pension Selection.

(c) Annual reports. -- On or before October 1, 2012, and each October 1 through October 1, 2016, the Board of Trustees shall submit a report in accordance with § 2-1246 of the State Government Article to the Joint Committee on Pensions that provides the number of members described under subsection (a) of this section who were:

(1) rehired in the preceding fiscal year into a position included in the Employees' Pension System or Teachers' Pension System; and

(2) participating in the Alternate Contributory Pension Selection.

§ 23-215 - 2. Transfer of members between systems -- Employees' Pension or Teachers' Pension

If an individual was a member of any one of the several systems on June 30, 2011, and without incurring a break in employment of more than 30 days, becomes a member of the Employees' Pension System or the Teachers' Pension System on or after July 1, 2011, the individual:

(1) shall be considered to be a new member of the Employees' Pension System or the Teachers' Pension System as of the date the individual joins the system; and

(2) is subject to the same requirements to which an individual who was a member of the Employees' Pension System or the Teachers' Pension System on June 30, 2011, and remains a member on July 1, 2011, is subject.