1. A. This regulation applies to a retiree who is receiving a service retirement allowance or vested allowance from the:

   1. (1) Correctional Officers’ Retirement System;
   2. (2) Employees’ or Teachers’ Retirement System;
   3. (3) Employees’ or Teachers’ Pension System;
   4. (4) State Police Retirement System; or
   5. (5) Judges’ Retirement System.
2. B. Except as provided in §C or D of this regulation, if a retiree has been retired for 5 years beginning on January 1 after the date the individual retired, the retiree may be employed by a participating employer on a permanent, temporary, or contractual basis without any reduction in retirement allowance.
3. C. For a retiree whose effective date of retirement was January 1, the 5-year period shall begin on January 1 of the year in which the retiree accepted the allowance.

4. D. Twelve-Month Reduction for Early Retirement.

   1. (1) This section applies to a retiree of the Employees’ or Teachers’ Retirement or Pension Systems who retired with an early service retirement allowance or early vested allowance.
   2. (2) Except as provided in §D(3) of this regulation, an individual who becomes employed by a participating employer within 12 months after receiving an early service retirement allowance or early vested allowance shall be subject to the statutory reduction of the individual’s allowance only until the individual has received an allowance for 12 months.

   3. (3) An individual who is subject to the 12-month reduction described in §D(2) of this regulation shall, after the individual has received an allowance for 12 months, be subject to an earnings limitation until the individual has received an allowance for 5 years if:

      1. (a) The individual’s current employer is any unit of State government, including the University System of Maryland, and the individual was employed by a unit of State government immediately prior to retirement; or
      2. (b) The individual’s current employer is a participating employer other than the State and is the same participating employer that employed the individual immediately prior to retirement.

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Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted.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