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Statutes Text

Article - State Personnel and Pensions




§23–401.

    (a)    Except as provided in subsection (f) of this section, a member may retire with a normal service retirement allowance if:

        (1)    the member completes and submits a written application to the Board of Trustees stating the date when the member desires to retire; and

        (2)    on or before the date of retirement, the member:

            (i)    has at least 30 years of eligibility service;

            (ii)    has a combined total of at least 30 years of eligibility service from the Employees’ Pension System, the Teachers’ Pension System, the Employees’ Retirement System, or the Teachers’ Retirement System; or

            (iii)    has attained the age and the years of eligibility service as follows:

Age                       Years of Eligibility
                           Service
62         with              5
63         with              4
64         with              3
65        or more with          2

    (b)    Except as provided in subsections (c), (d), (e), (f), and (g) of this section, on retirement under this section, a member is entitled to receive a normal service retirement allowance that equals the number of years of the member’s creditable service multiplied by:

        (1)    0.8% of the member’s average final compensation that is not in excess of the Social Security integration level; and

        (2)    1.5% of the member’s average final compensation that exceeds the Social Security integration level.

    (c)    Except as provided in subsections (e) and (g) of this section, on retirement under this section, a member who is subject to the contributory pension benefit under Subtitle 2, Part II of this title is entitled to receive a normal service retirement allowance that equals the sum of:

        (1)    the number of years of the member’s creditable service on or after July 1, 1998 multiplied by 1.4% of the member’s average final compensation; and

        (2)    the greater of:

            (i)    the number of years of the member’s creditable service on or before June 30, 1998 multiplied by 1.2% of the member’s average final compensation; or

            (ii)    the number of years of the member’s creditable service on or before June 30, 1998 multiplied by:

                1.    0.8% of the member’s average final compensation that is not in excess of the Social Security integration level; and

                2.    1.5% of the member’s average final compensation that exceeds the Social Security integration level.

    (d)    Except as provided in subsections (e) and (g) of this section, a member who is subject to the Alternate Contributory Pension Selection under Subtitle 2, Part III of this title is entitled to receive a normal service retirement allowance that equals the sum of:

        (1)    the greater of:

            (i)    the number of years of the member’s creditable service on or before June 30, 1998 multiplied by 1.2% of the member’s average final compensation; or

            (ii)    the number of years of the member’s creditable service on or before June 30, 1998 multiplied by:

                1.    0.8% of the member’s average final compensation that is not in excess of the Social Security integration level; and

                2.    1.5% of the member’s average final compensation that exceeds the Social Security integration level; and

        (2)    the number of years of the member’s creditable service on or after July 1, 1998 multiplied by 1.8% of the member’s average final compensation.

    (e)    (1)    This subsection applies only to a member who has a combined total of 30 years of eligibility service as provided in subsection (a)(2)(ii) of this section.

        (2)    A member is entitled to receive a normal service retirement allowance that equals:

            (i)    an allowance based on the creditable service the member earned in the Employees’ Pension System;

            (ii)    an allowance based on the creditable service the member earned in the Employees’ Retirement System;

            (iii)    an allowance based on the creditable service the member earned in the Teachers’ Pension System; plus

            (iv)    an allowance based on the creditable service the member earned in the Teachers’ Retirement System.

    (f)    (1)    A member who begins membership on or after July 1, 2011, may retire with a normal service retirement allowance if:

            (i)    the member completes and submits a written application to the Board of Trustees stating the date when the member desires to retire; and

            (ii)    on or before the date of retirement, the member:

                1.    has at least 90 years of combined age and years of eligibility service; or

                2.    is at least 65 years old and has at least 10 years of eligibility service.

        (2)    Except as provided in subsection (g) of this section, a member who is subject to the reformed contributory pension benefit under Subtitle 2, Part IV of this title is entitled to receive a normal service retirement that equals the number of years of the member’s creditable service multiplied by 1.5% of the member’s average final compensation.

    (g)    On retirement under this section, if a member’s annuity is greater than the member’s normal service retirement allowance calculated under this section, the member’s normal service retirement allowance shall equal the member’s annuity.



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