1. A. Suspension of Allowance for Earnings in Excess of Earnings Limitation.

   1. (1) This section applies only to a retiree who:

      1. (a) Serves as the Governor, Comptroller, Treasurer, Attorney General, or Secretary of State, or a Secretary, Deputy Secretary, or Assistant Secretary of a principal department of the Executive Branch of the State government; or
      2. (b) Is determined, in the sole discretion of the Executive Director, to serve in a position comparable to one described in §A(1)(a) of this regulation for a participating employer.
   2. (2) Upon employment with a participating employer, if a retiree receives a salary that exceeds the retiree’s earnings limitation in an amount that would require reduction of the retiree’s entire allowance, the retiree may request temporary suspension of the retiree’s allowance during employment, in lieu of the procedures described in Regulation .03 of this chapter.

2. B. Temporary Suspension of Disability Allowance.

   1. (1) This section applies to a retiree who is subject to temporary suspension of a disability allowance under State Personnel and Pensions Article, §29-115, Annotated Code of Maryland.
   2. (2) A retiree’s allowance is subject to suspension upon the retiree’s re-employment at an annual compensation at least equal to the retiree’s average final compensation at retirement.
   3. (3) Upon receiving notification or otherwise discovering that a retiree’s allowance is subject to suspension, the Retirement Agency shall promptly suspend the allowance.

3. C. Recoveries Due to Delayed Discovery or Notice.

   1. (1) The Retirement Agency shall recover all allowance payments overpaid due to delayed discovery or notice that a retiree’s allowance is subject to suspension.
   2. (2) After due notice, if a person who has received an improper payment fails to repay the money owed, the Board of Trustees may offset the overpayment from any future monthly payments of that person’s allowance.
   3. (3) If reduction of an allowance by offset would result in financial hardship to a retiree, the retiree may request relief in accordance with Regulation .05 of this chapter.

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Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted.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)