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Statutes Text

Article - State Personnel and Pensions




§21–707.

    (a)    (1)    On receipt of an order that reverses or overturns a conviction of a public employee, the court that issued a forfeiture order under § 21–704 of this subtitle shall rescind the forfeiture order and order the Board of Trustees to pay any benefits that are payable under this Division II of this article to the public employee.

        (2)    When a court rescinds a forfeiture order under paragraph (1) of this subsection, the court shall also rescind any domestic relations order entered in accordance with § 21–704(f) of this subtitle.

    (b)    If a conviction of a public employee who was a retiree before the date of conviction is overturned:

        (1)    the public employee’s benefits shall be restored back to the date the benefit payments ceased;

        (2)    the public employee’s allowance shall:

            (i)    be paid beginning the month after the State Retirement Agency is notified that the conviction is overturned; and

            (ii)    include any cost–of–living adjustments that would have been made in the time between the conviction and the time benefit payments are restored; and

        (3)    benefit payments that would have been made during the time from the date of conviction to the date the conviction is overturned shall be made to the public employee, less any payments made in accordance with a domestic relations order directing payment of benefits to a spouse, former spouse, child, or other dependent.

    (c)    If a conviction of a public employee who was not a retiree before the date of conviction is overturned, the public employee may receive benefits in accordance with this Division II of this article.