1. (a)

   1. (1) In this section the following words have the meanings indicated.
   2. (2) “Appointed official” means an individual appointed to a public office of the State who meets the legal criteria for an appointed official as determined by the Attorney General.
   3. (3) “Unclassified service of the State” means the unclassified service in the State Personnel Management System or a comparable position in an independent personnel system of a participating employer.

2. (b) The Board of Trustees shall pay a member of the Employees' Retirement System who qualifies under subsection (c) of this section a pension equal to an ordinary disability pension, regardless of age, if the member:

   1. (1) has at least 16 years of creditable service; and
   2. (2) elects to have the member's accumulated contributions paid as an annuity of equivalent actuarial value instead of withdrawing the accumulated contributions.

3. (c) A member qualifies for a pension under subsection (b) of this section if the member:

   1. (1)

      1. (i) is an elected or appointed official of the State at the time of application for retirement; and
      2. (ii) was initially an elected or appointed official of the State before July 22, 1981;

   2. (2)

      1. (i) is an elected or appointed official of the State when separating from employment;
      2. (ii) was initially an elected or appointed official of the State during the period from July 22, 1981, through June 30, 1982, both inclusive; and
      3. (iii) separated from employment involuntarily as certified by the Secretary of Budget and Management;

   3. (3)

      1. (i) was promoted to a position in the unclassified service of the State on or before June 30, 1982;
      2. (ii) has been in the unclassified service or its equivalent in the State continuously from June 30, 1982, until separating from employment; and
      3. (iii) separated from employment involuntarily as certified by the Secretary of Budget and Management; or

   4. (4)

      1. (i) is a deputy clerk of the court at the time of application for retirement; and
      2. (ii) was initially a deputy clerk of the court before July 22, 1981.

4. (d)

   1. (1) This subsection applies to a retiree who:

      1. (i) retires as an elected or appointed official under this section; and
      2. (ii) is appointed or elected to an office for which the State pays compensation.

   2. (2) On the appointment or election of a retiree described in paragraph (1) of this subsection:

      1. (i) the retiree's retirement allowance shall stop;
      2. (ii) the retiree may rejoin the Employees' Retirement System;
      3. (iii) the retiree shall make member contributions at the same rate the retiree paid before retirement; and
      4. (iv) the Board of Trustees shall restore any creditable service or eligibility service to the retiree's credit at the time of retirement.
   3. (3) Subject to paragraph (4) of this subsection, on subsequent retirement of a retiree described in paragraph (1) of this subsection, the Board of Trustees shall credit the retiree with all of the retiree's creditable service and eligibility service as a member.

   4. (4) The pension, on subsequent retirement, may not exceed the sum of:

      1. (i) the pension the retiree was receiving during the previous retirement; and
      2. (ii) the pension that has accrued on account of employment as a member after the previous retirement.

Added by Acts 1994, c. 6, § 2, eff. Oct. 1, 1994. Amended by Acts 1995, c. 371, § 1, eff. Oct. 1, 1995; Acts 1996, c. 349, § 13, eff. July 1, 1996; Acts 1997, c. 743, § 1, eff. Oct. 1, 1997; Acts 2005, c. 493, § 3, eff. July 1, 2005.

Formerly Art. 73B, § 2-408.