2013 Maryland Code
STATE PERSONNEL AND PENSIONS
§ 27-406 - Effect of reemployment of retiree [Amendment subject to abrogation]

§27-406. IN EFFECT

(a) A retiree may accept employment in which all or part of the compensation for the employment comes from municipal, county, or State funds, if the retiree immediately notifies the Board of Trustees of:

(1) the retiree’s intention to accept the employment; and

(2) the compensation that the retiree will receive.

(b) (1) This subsection does not apply to a retiree who is temporarily assigned to sit in a court of this State under the authority of Article IV, § 3A of the Maryland Constitution.

(2) A retiree 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.

(c) On or before September 1 of each year, the Chief Judge of the Court of Appeals shall submit a report in accordance with § 2-1246 of the State Government Article to the Joint Committee on Pensions that provides:

(1) the number of rehired retirees under subsection (a) of this section;

(2) the employer rehiring a retiree under subsection (a) of this section;

(3) the annual salary of each rehired retiree at the time of retirement; and

(4) the current annual salary of each rehired retiree.

27-406. // EFFECTIVE JUNE 30, 2014 PER CHAPTER 688 OF 2010 //

(a) This section does not apply to a retiree who:

(1) is temporarily assigned to sit in a court of this State under the authority of Article IV, § 3A of the Maryland Constitution; or

(2) is employed as a member of the faculty of a public institution of higher education in the State.

(b) A retiree may accept employment in which all or part of the compensation for the employment comes from municipal, county, or State funds, if the retiree immediately notifies the Board of Trustees of:

(1) the retiree’s intention to accept the employment; and

(2) the compensation that the retiree will receive.

(c) (1) The Board of Trustees shall reduce the retirement allowance of a retiree who accepts employment as provided under subsection (b) of this section if the retiree’s current employer is any unit of State government and the retiree’s employer at the time of the retiree’s last separation from employment with the State before the retiree commenced receiving a service retirement allowance was also a unit of State government.

(2) The reduction required under paragraph (1) of this subsection shall equal the amount that the sum of the retiree’s annual retirement allowance and the retiree’s annual compensation exceeds the amount of the compensation on which the retirement allowance is based.

(d) (1) Subject to paragraph (2) of this subsection, if a retiree accepts employment as allowed by subsection (a) of this section and is subsequently awarded retirement benefits because of that employment, the Board of Trustees shall reduce the retiree’s benefits under this subtitle by the amount of the retirement benefits resulting from the subsequent employment if the retiree’s current employer is any unit of State government and the retiree’s employer at the time of the retiree’s last separation from employment with the State before the retiree commenced receiving a service retirement allowance was also a unit of State government.

(2) (i) Any reduction taken to a retiree’s allowance under this subsection may not exceed an amount that would reduce the retiree’s allowance to less than what is required to be deducted for the retiree’s monthly State-approved medical insurance premiums.

(ii) If a reduction for a calendar year taken under subparagraph (i) of this paragraph is less than the reduction required under paragraph (1) of this subsection, the Board of Trustees shall recover from the retiree an amount equal to the reduction required under paragraph (1) of this subsection less the reduction taken under subparagraph (i) of this paragraph.

§ 27-406 - Effect of reemployment of retiree (Abrogation of amendment effective June 30, 2014.)

(a) Scope of section. -- This section does not apply to a retiree who:

(1) is temporarily assigned to sit in a court of this State under the authority of Article IV, § 3A of the Maryland Constitution; or

(2) is employed as a member of the faculty of a public institution of higher education in the State.

(b) In general. -- A retiree may accept employment in which all or part of the compensation for the employment comes from municipal, county, or State funds, if the retiree immediately notifies the Board of Trustees of:

(1) the retiree's intention to accept the employment; and

(2) the compensation that the retiree will receive.

(c) Reduction of retirement allowance upon reemployment by unit of State government under (b). --

(1) The Board of Trustees shall reduce the retirement allowance of a retiree who accepts employment as provided under subsection (b) of this section if the retiree's current employer is any unit of State government and the retiree's employer at the time of the retiree's last separation from employment with the State before the retiree commenced receiving a service retirement allowance was also a unit of State government.

(2) The reduction required under paragraph (1) of this subsection shall equal the amount that the sum of the retiree's annual retirement allowance and the retiree's annual compensation exceeds the amount of the compensation on which the retirement allowance is based.

(d) Reduction of retirement allowance on subsequent reemployment by unit of State government under (a). --

(1) Subject to paragraph (2) of this subsection, if a retiree accepts employment as allowed by subsection (a) of this section and is subsequently awarded retirement benefits because of that employment, the Board of Trustees shall reduce the retiree's benefits under this subtitle by the amount of the retirement benefits resulting from the subsequent employment if the retiree's current employer is any unit of State government and the retiree's employer at the time of the retiree's last separation from employment with the State before the retiree commenced receiving a service retirement allowance was also a unit of State government.

(2) (i) Any reduction taken to a retiree's allowance under this subsection may not exceed an amount that would reduce the retiree's allowance to less than what is required to be deducted for the retiree's monthly State-approved medical insurance premiums.

(ii) If a reduction for a calendar year taken under subparagraph (i) of this paragraph is less than the reduction required under paragraph (1) of this subsection, the Board of Trustees shall recover from the retiree an amount equal to the reduction required under paragraph (1) of this subsection less the reduction taken under subparagraph (i) of this paragraph.