1. A. Separation from Service Required.

   1. (1) This section does not apply to the Legislative Pension Plan.
   2. (2) Except as provided by law, an individual shall be separated from all employment with a participating employer at the time of retirement, and may not retire if the individual is employed by the State or other participating employer on any basis, including but not limited to employment on a temporary, permanent, or contractual basis, on the effective date of retirement.

2. B. 45-Day Rule.

   1. (1) This section does not apply to:

      1. (a) The Legislative Pension Plan;
      2. (b) The temporary assignment of a retiree of the Judges’ Retirement System to sit in a court of this State under the authority of Article IV, §3A, of the Maryland Constitution; or
      3. (c) A vested allowance.

   2. (2) An individual who is receiving a service retirement allowance or disability retirement allowance may not be employed within 45 days of the date the individual retired, on a permanent, temporary, or contractual basis, by:

      1. (a) The State or other participating employer; or
      2. (b) A withdrawn participating governmental unit, if the retiree was an employee of the withdrawn participating governmental unit while it was a participating employer.

Authority: State Personnel and Pensions Article, §§21-110, 21-113, 22-406, 23-407, 25-403, 26-403, 27-406, 28-402, 29-115, and 29-116, Annotated Code of Maryland

Effective date: January 1, 1996 (22:26 Md. R. 2031)

Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the Administrative Histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.

Regulation .01B amended effective October 20, 1997 (24:21 Md. R. 1452)

Regulation .06 adopted effective October 20, 1997 (24:21 Md. R. 1452)

Chapter revised effective April 28, 2003 (30:8 Md. R. 543)

Regulations .01—.07 repealed and new Regulations .01—.07 adopted effective January 24, 2022 (49:2 Md. R. 78)