2013 Maryland Code
STATE PERSONNEL AND PENSIONS
§ 29-402 - Annual retirement allowance adjustment

§29-402.

(a) This section applies to a retiree of the Employees’ Retirement System or Employees’ Pension System who:

(1) retired from the Employees’ Retirement System or Employees’ Pension System on or before June 30, 2009;

(2) before retirement was an employee of the Maryland School for the Deaf; and

(3) before retirement, as an employee for the Maryland School for the Deaf, was a 10-month employee incorrectly classified as a 12-month employee.

(b) (1) If a retiree is receiving a benefit that differs from the benefit the retiree is entitled to receive, the Board of Trustees shall, beginning July 1, 2010, and each subsequent July 1, suspend any annual retirement allowance adjustment the retiree may receive under this subtitle.

(2) Beginning July 1, 2010, and each subsequent July 1, any adjustment to the retiree’s annual retirement allowance described under paragraph (1) of this subsection shall be calculated using:

(i) for any adjustment calculated under Part II or Part III of this subtitle, the initial allowance the retiree was entitled to receive and not the initial allowance the retiree did receive;

(ii) for any adjustment calculated under Part IV and Part VI of this subtitle, the current retirement allowance the retiree is entitled to receive and not the current retirement allowance the retiree is receiving; or

(iii) for any adjustment calculated under Part V of this subtitle, both the initial allowance the retiree was entitled to receive and not the initial allowance the retiree did receive and the current retirement allowance the retiree is entitled to receive and not the current retirement allowance the retiree is receiving.

(3) The Board of Trustees shall suspend any annual retirement adjustment under this subsection until the total amount of retirement allowance the retiree is entitled to receive, including any suspended annual retirement allowance adjustments, equals the total amount of retirement allowance the retiree is receiving on July 1, 2010.

(4) When the total amount of retirement allowance the retiree is entitled to receive, including any suspended annual retirement allowance adjustments, equals the total amount of retirement allowance the retiree is receiving on July 1, 2010, the Board of Trustees shall resume adjusting the retiree’s annual allowance on July 1 of each year in accordance with this subtitle.

(c) If a retiree dies before the total amount of retirement allowance the retiree was entitled to receive, including any suspended annual retirement allowance adjustments, equals the total amount of retirement allowance the retiree was receiving on July 1, 2010, and the retiree has selected an optional form of allowance under Title 21, Subtitle 4 of this article, the deceased retiree’s beneficiary shall receive a benefit calculated on the retirement allowance the deceased retiree was entitled to receive at the time of the retiree’s death and not what the retiree was receiving at the time of the retiree’s death.