Md. Code, State Personnel and Pensions, Title 25

Md. Code, State Personnel and Pensions, Title 25
in effect

Md. Code, State Personnel and Pensions § 25-102

Except as otherwise provided in this title, the administration, management, and funding of the benefits for members of the Correctional Officers’ Retirement System are the same as those for the Employees’ Retirement System.

Md. Code, State Personnel and Pensions § 25-201

(a) Except as provided in subsection (b) of this section, this subtitle applies only to: (1) correctional officers serving in any of the first six job classifications; (2) security attendants at Clifton T. Perkins Hospital Center; (3) a detention center officer employed by a participating governmental unit that on or after July 1, 2006, has elected to participate in the Correctional Officers’ Retirement System; (4) an individual serving as a correctional dietary, maintenance, laundry, or supply officer; (5) an individual serving as a Maryland Correctional Enterprises officer, officer trainee, plant supervisor, plant manager, or regional manager; (6) a correctional officer serving as a security chief, a facility administrator, an assistant warden, or a warden who: (i) begins employment in that position on or after July 1, 2014; or (ii) is serving in that position on June 30, 2014, and elects to transfer to the Correctional Officers’ Retirement System from: 1. the Employees’ Pension System on or before December 31, 2014; or 2. the Employees’ Retirement System on or before December 31, 2015; (7) an individual serving as a correctional case management specialist, supervisor, or manager on or after July 1, 2016; (8) an individual serving as a parole and probation agent, supervisor, or regional administrator on or after July 1, 2017; (9) an individual serving as a Department of Public Safety and Correctional Services employee in one of the following positions on or after July 1, 2017: (i) an alcohol and drug: 1. associate counselor, counselor lead, counselor provisional, or counselor supervisor; 2. professional counselor, counselor provisional, or counselor supervisor; or 3. supervised counselor or counselor provisional; (ii) a mental health professional counselor, graduate professional counselor, professional counselor advanced, or professional supervisor; (iii) a psychologist, psychology associate, or psychology associate doctorate; (iv) a social worker, social worker advanced, social worker supervisor, or social work regional supervisor; or (v) a recreation officer or supervisor; (10) an individual serving as a Department of Juvenile Services employee in one of the following positions on or after July 1, 2018: (i) a community detention officer or community detention supervisor; (ii) a youth transportation officer, youth transportation officer lead, youth transportation officer supervisor, or youth transportation officer trainee; (iii) a resident advisor, resident advisor lead, resident advisor supervisor, or resident advisor trainee; or (iv) a youth recreation specialist; (11) an individual serving as a Department of Public Safety and Correctional Services employee in one of the following positions on or after July 1, 2018: (i) a parole and probation assistant regional administrator; (ii) a psychology services chief; (iii) a correctional maintenance officer supervisor; (iv) a correctional maintenance officer manager; (v) a correctional maintenance services officer; (vi) a correctional maintenance services supervisor; (vii) a correctional maintenance services manager; or (viii) a correctional maintenance regional manager; (12) an individual serving as a Department of Juvenile Services employee in one of the following positions on or after July 1, 2022: (i) a case management specialist I, II, or III; (ii) a case management specialist supervisor; (iii) a case management specialist program supervisor; or (iv) a group life manager I or II; (13) an individual serving as a Maryland Department of Health employee on or after July 1, 2024: (i) at one of the following facilities: 1. Eastern Shore Hospital Center; 2. Thomas B. Finan Center; 3. Potomac Center/Secure Evaluation and Therapeutic Treatment Program; 4. Spring Grove Hospital Center; 5. Springfield Hospital Center; 6. Regional Institute for Children and Adolescents – Baltimore; or 7. John L. Gildner Regional Institute for Children and Adolescents; and (ii) in one of the following positions: 1. a CAMH associate I, II, or lead – CI; 2. a developmental disability associate – CI; 3. a direct care assistant I or II – CI; 4. a direct care trainee – CI; 5. a licensed practical nurse I, II, III advance, or III lead – CI; 6. a resident associate SETT – CI; 7. a security attendant I, II, or III; 8. a security attendant manager I or II; or 9. a security attendant supervisor; and (14) an individual serving as a Maryland Department of Health employee on or after July 1, 2025: (i) at a facility described in item (13)(i) of this subsection; and (ii) in one of the following positions: 1. a CAMH associate supervisor – CI; 2. a developmental disability associate assistant manager – CI; 3. a developmental disability associate manager – CI; and 4. a developmental disability associate supervisor – CI. (b) This subtitle does not apply to: (1) an employee of the Baltimore City Jail as of June 30, 1991, who: (i) became an employee of the Baltimore City Detention Center on July 1, 1991; and (ii) did not elect to become a member of the Correctional Officers’ Retirement System on that date; (2) a detention center officer employed by a participating governmental unit as a local detention center officer on the effective date of participation on or after July 1, 2006, who did not elect to become a member of the Correctional Officers’ Retirement System within 6 months of the effective date of participation; or (3) a correctional officer serving as a security chief, a facility administrator, an assistant warden, or a warden who is in that position on June 30, 2014, and does not elect to transfer membership to the Correctional Officers’ Retirement System from: (i) the Employees’ Pension System on or before December 31, 2014; or (ii) the Employees’ Retirement System on or before December 31, 2015.

Md. Code, State Personnel and Pensions § 25-202

(a) Except as provided in subsection (b) of this section, an individual described in § 25–201(a) of this subtitle is a member of the Correctional Officers’ Retirement System as a condition of employment. (b) (1) Subject to paragraph (3) of this subsection, membership in the Correctional Officers’ Retirement System is optional for an individual described in § 25–201 of this subtitle who was employed by a participating governmental unit as a local detention center officer on the effective date of participation on or after July 1, 2006, but before July 1, 2017, for that participating governmental unit and who elects membership within 6 months of the effective date of participation. (2) Subject to paragraph (3) of this subsection, membership in the Correctional Officers’ Retirement System is optional for an individual: (i) described in § 25–201 of this subtitle who was employed by a participating governmental unit as a local detention center officer on the effective date of participation on or after July 1, 2017, for that participating governmental unit; and (ii) who elects membership before the effective date of participation. (3) To elect to be a member of the Correctional Officers’ Retirement System, an individual shall file a written application with the State Retirement Agency on a form that the State Retirement Agency provides. (4) (i) An election to join the Correctional Officers’ Retirement System under this subsection is a one–time, irrevocable election. (ii) If an individual does not elect membership during the applicable period specified under paragraph (1) or (2) of this subsection, the individual may not subsequently become a member of the Correctional Officers’ Retirement System.

Md. Code, State Personnel and Pensions § 25-203.1

§25–203.1. For members who transfer from the Employees’ Pension System or the Employees’ Retirement System, the Board of Trustees shall transfer to the accumulation fund of the Correctional Officers’ Retirement System the employer contributions that were made to the Employees’ Pension System or the Employees’ Retirement System on behalf of those members who transferred, plus the interest earned on those contributions through the date of transfer.

Md. Code, State Personnel and Pensions § 25-204

(a) Except as provided in subsection (b) of this section, regular interest is payable on member contributions at the rate of 4% a year, compounded annually, until retirement or withdrawal of the accumulated contributions. (b) Except as provided in subsection (c) of this section, no further interest shall be paid on member contributions after membership ends if the former member is not eligible to receive a vested allowance under Title 29, Subtitle 3 of this article. (c) (1) In this subsection, “active member” means a member who is not separated from employment with the State or a participating employer of one of the several systems. (2) This subsection applies only to an individual who: (i) is a former member of the Correctional Officers’ Retirement System; (ii) is not eligible to receive a vested allowance from the Correctional Officers’ Retirement System under Title 29, Subtitle 3 of this article; (iii) has not withdrawn the individual’s member contributions from the Correctional Officers’ Retirement System; and (iv) is an active member of one of the several systems. (3) An individual described in paragraph (2) of this subsection shall receive regular interest at the rate described under subsection (a) of this section on the individual’s member contributions in a nonvested account in the Correctional Officers’ Retirement System while the individual is an active member of one of the several systems.

Md. Code, State Personnel and Pensions § 25-205.1

§25–205.1. (a) This section applies to an individual who: (1) on or before June 30, 2011, was a member of the Correctional Officers’ Retirement System; (2) (i) is separated from employment for 4 years or less; (ii) 1. is separated from employment for military service that meets the requirements of the federal Uniformed Services Employment and Reemployment Rights Act; and 2. resumes employment within 1 year of leaving military service in a position that is included in the Correctional Officers’ Retirement System; or (iii) is separated from employment with the minimum eligibility service needed to be eligible for a vested allowance under Title 29, Subtitle 3 of this article; (3) does not withdraw the member’s accumulated contributions; and (4) does not become a retiree. (b) An individual described in subsection (a) of this section who resumes employment in a position that is included in the Correctional Officers’ Retirement System is subject to the same requirements to which an individual who was a member of the Correctional Officers’ Retirement System on June 30, 2011, and remains a member on July 1, 2011, is subject.

Md. Code, State Personnel and Pensions § 25-206

(a) For members who transfer from a local pension system, the local pension system shall transfer to the Board of Trustees the employer contributions that were made to the local pension system on behalf of those members who transferred, plus the interest earned on those contributions through the date of transfer. (b) The Board of Trustees shall deposit any funds transferred under subsection (a) of this section in the accumulation fund of the Correctional Officers’ Retirement System.

Md. Code, State Personnel and Pensions § 25-207

If an individual was a member of any one of the several systems on June 30, 2011, and without incurring a break in employment of more than 30 days, becomes a member of the Correctional Officers’ Retirement System on or after July 1, 2011, the individual: (1) shall be considered to be a new member of the Correctional Officers’ Retirement System as of the date the individual joins the system; and (2) is subject to the same requirements to which an individual who was a member of the Correctional Officers’ Retirement System on June 30, 2011, and remains a member on July 1, 2011, is subject.

Md. Code, State Personnel and Pensions § 25-302

(a) Subject to subsections (b) and (c) of this section, the Board of Trustees shall adopt regulations that specify the period of employment in a year that is equal to 1 year of service credit. (b) The Board of Trustees may not allow more than 1 year of service credit for a calendar year. (c) A member is entitled to receive 1 month of service credit for employment for a month or a part of a month if a member contribution is made in that month.

Md. Code, State Personnel and Pensions § 25-303

Eligibility service for a member consists of service credit: (1) for employment as a member; (2) regained under § 25-304 of this subtitle by a member who redeposits accumulated contributions previously withdrawn; (3) transferred from a retirement or pension system under Title 37 of this article or Title 31, Subtitle 1 of this article; (4) for military service as provided in Title 38 of this article; (5) purchased under this subtitle; or (6) transferred from the Employees’ Pension System under § 25-306.1 of this subtitle.

Md. Code, State Personnel and Pensions § 25-304

A member of the Correctional Officers’ Retirement System who previously terminated membership and withdrew accumulated contributions from either the Correctional Officers’ Retirement System, the Employees’ Retirement System, or the Teachers’ Retirement System may receive service credit for the period of employment during the previous membership if the member redeposits in a single payment the withdrawn accumulated contributions plus regular interest to the date of redeposit.

Md. Code, State Personnel and Pensions § 25-304.1

§25–304.1. (a) Except as provided in subsection (b) of this section, a member may not purchase service credit under this title if the member is separated from employment. (b) (1) A member who is separated from employment may purchase service credit under this title for a leave of absence approved by the Board of Trustees under regulations that apply to all members, if the member purchases the service credit within 60 days after the expiration of the leave of absence. (2) For good cause shown, the Executive Director, in the Executive Director’s sole discretion, may extend the time period to purchase service credit under paragraph (1) of this subsection if: (i) the purchased service credit would allow the member to meet the eligibility service requirements to apply for an ordinary disability retirement under § 29–105(a) of this article; and (ii) the member completes the purchase of the service credit before the earlier of: 1. 4 years after the expiration of the leave of absence; or 2. the date membership ends. (3) The Board of Trustees shall adopt regulations to carry out this subsection.

Md. Code, State Personnel and Pensions § 25-305

(a) A member may purchase service credit as provided in subsection (b) of this section for periods of employment for which the member: (1) (i) would have been entitled to purchase service credit under the Employees’ Retirement System; and (ii) is not otherwise entitled to service credit under the Correctional Officers’ Retirement System; or (2) was not vested in the Employees’ Pension System. (b) (1) A member who purchases service credit under this section shall: (i) complete a claim for the service credit and file it with the Board of Trustees on a form that the Board of Trustees provides; and (ii) pay to the Board of Trustees in a single payment the member contributions the member would have made for the period of employment for which service credit is being purchased plus regular interest to the date of payment. (2) A member may pay for service credit purchased under this section at any time before retirement.

Md. Code, State Personnel and Pensions § 25-306

(a) A member may purchase service credit as provided in this section for periods of employment described in subsection (c) of this section for which the member is not otherwise entitled to service credit. (b) (1) A member who purchases service credit under this section shall: (i) complete a claim for the service credit and file it with the Board of Trustees on the form that the Board of Trustees provides; and (ii) pay to the Board of Trustees an amount equal to the annuity reserve and pension reserve required to fund the additional allowance. (2) The member shall pay for service credit purchased under this section in a single payment at retirement. (c) A member may purchase service credit for a period of employment: (1) not exceeding 10 years for out-of-state public school teaching service; (2) not exceeding 10 years for public or nonpublic school teaching service; (3) not exceeding 5 years for postsecondary school teaching service; (4) not exceeding 10 years for federal service or out-of-state service with a political subdivision; or (5) as an employee of a political subdivision of this State if the employee is not receiving retirement benefits from a political subdivision of the State for the same period of employment.

Md. Code, State Personnel and Pensions § 25-306.1

§25–306.1. (a) A member who is a former member of the Employees’ Pension System who was vested but whose membership in the Employees’ Pension System terminated as a result of being laid off for nondisciplinary reasons may transfer service credit for eligibility service to the Correctional Officers’ Retirement System if the member files with the Board of Trustees an executed waiver of all benefits to which the member may be entitled under the Employees’ Pension System. (b) Eligibility service transferred from the Employees’ Pension System under subsection (a) of this section shall be transferred at the rate of 6 months of eligibility service in the Correctional Officers’ Retirement System for each year of eligibility service in the Employees’ Pension System.

Md. Code, State Personnel and Pensions § 25-307

(a) Creditable service on which the allowance of a member is based consists of: (1) eligibility service, except as provided in subsection (b) of this section; and (2) credit for unused sick leave as provided in § 20-206 of this article. (b) A member’s creditable service for a period of regular part-time employment equals the member’s actual employment during that period.

Md. Code, State Personnel and Pensions § 25-401

(a) A member may retire with a normal service retirement allowance if: (1) on or before the date of retirement, the member: (i) has at least 20 years of eligibility service; (ii) 1. is a correctional case management specialist, supervisor, or manager on or before June 30, 2016; 2. is vested in the Correctional Officers’ Retirement System; and 3. has a combined total of at least 20 years of eligibility service from: A. the Correctional Officers’ Retirement System and the Employees’ Retirement System; or B. the Correctional Officers’ Retirement System and the Employees’ Pension System; (iii) 1. is serving in a position specified in: A. § 25–201(a)(8) or (9) of this title on or before June 30, 2017; B. § 25–201(a)(10) or (11) of this title on or before June 30, 2018; C. § 25–201(a)(12) of this title on or before June 30, 2022; or D. § 25–201(a)(13) of this title on or before June 30, 2024; 2. is vested in the Correctional Officers’ Retirement System; and 3. has a combined total of at least 20 years of eligibility service from: A. the Correctional Officers’ Retirement System and the Employees’ Retirement System; or B. the Correctional Officers’ Retirement System and the Employees’ Pension System; or (iv) is at least 55 years old and has: 1. at least 5 years of eligibility service credit, if the member is a member on or before June 30, 2011; or 2. at least 10 years of eligibility service credit, if the member becomes a member on or after July 1, 2011; and (2) the member completes and submits a written application to the Board of Trustees stating the date when the member desires to retire. (b) (1) Except as provided in paragraph (2) of this subsection, on retirement under this section, a member is entitled to receive a normal service retirement allowance that equals one fifty–fifth of the member’s average final compensation multiplied by the number of years of creditable service. (2) On retirement under this section, if a member’s annuity is greater than the member’s normal service retirement allowance calculated under paragraph (1) of this subsection, the member’s normal service retirement allowance shall equal the member’s annuity. (c) (1) This subsection applies only to: (i) a correctional case management specialist, supervisor, or manager who has a combined total of 20 years of eligibility service as provided in subsection (a)(1)(ii) of this section; or (ii) a member serving in a position specified in § 25–201(a)(8), (9), (10), (11), (12), (13), or (14) of this title who has a combined total of 20 years of eligibility service as provided in subsection (a)(1)(iii) of this section. (2) A member is entitled to receive a normal service retirement allowance that equals an allowance based on the creditable service the member has in the Correctional Officers’ Retirement System.

Md. Code, State Personnel and Pensions § 25-401.1

§25–401.1. (a) This section applies only to a Baltimore City Jail employee who: (1) on or before June 30, 1991, was employed by the City of Baltimore as an employee of the Baltimore City Jail for at least 5 years; and (2) is a member of the Correctional Officers’ Retirement System on or after June 30, 2006. (b) A member described in subsection (a) of this section may retire with an early 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 has at least 10 years but less than 20 years of eligibility service. (c) On retirement under this section, a member is entitled to receive an early service retirement allowance that equals the normal service retirement allowance under § 25-401 of this subtitle.

Md. Code, State Personnel and Pensions § 25-402

(a) This section applies to a former member who: (1) was eligible for a retirement allowance under § 25-401 of this subtitle when the former member’s membership terminated; (2) did not submit a written application under § 25-401 before membership terminated; and (3) has not withdrawn accumulated contributions. (b) (1) A former member described in subsection (a) of this section may retire with a retirement allowance under § 25-401 of this subtitle on the first day of the month after the Board of Trustees receives a written application for retirement from the former member. (2) A former member who retires under this section may not receive benefits for the period before the former member submits a completed application to the Board of Trustees.

Md. Code, State Personnel and Pensions § 25-403

(a) Except as provided in subsection (h) of this section, an individual who is receiving a service retirement allowance or vested allowance may accept employment with a participating employer on a permanent, temporary, or contractual basis, if the individual immediately notifies the Board of Trustees: (1) of the individual’s intention to accept the employment; and (2) of the compensation that the individual will receive. (b) (1) The Board of Trustees shall reduce the allowance of an individual who accepts employment as provided under subsection (a) of this section if: (i) the individual’s current employer is a participating employer other than the State and is the same participating employer that employed the individual at the time of the individual’s last separation from employment with a participating employer before the individual commenced receiving a service retirement allowance or vested allowance; or (ii) the individual’s current employer is any unit of State government and the individual’s employer at the time of the individual’s last separation from employment with the State before the individual commenced receiving a service retirement allowance or vested allowance was also a unit of State government. (2) (i) Subject to subparagraphs (ii) and (iii) of this paragraph, the reduction under paragraph (1) of this subsection shall equal the amount by which the sum of the individual’s initial annual basic allowance and the individual’s annual compensation exceeds the average final compensation used to compute the basic allowance. (ii) Any reduction taken under this subsection may not reduce the retiree’s allowance to an amount less than the required deduction for: 1. if the retiree retired from any unit of State government, the retiree’s monthly State–approved medical insurance premiums; or 2. if the retiree retired from a participating employer other than the State, the approved monthly medical insurance premiums required by the participating employer that employed the retiree at the time of the retiree’s retirement. (iii) The Board of Trustees shall recover from the retiree any difference between the reduction required under subparagraph (i) of this paragraph and the reduction taken under subparagraph (ii) of this paragraph. (3) The reduction under this subsection does not apply to: (i) an individual who has been retired for 5 years, beginning on January 1, after the date the individual retires; (ii) an individual whose average final compensation was less than the minimum annual salary on the standard State pay scale as of January 1 of the preceding calendar year and who is reemployed on a permanent, temporary, or contractual basis; (iii) an individual who is serving in an elected position as an official of a participating governmental unit or as a constitutional officer for a county that is a participating governmental unit; (iv) a retiree of the Correctional Officers’ Retirement System who is reemployed on a contractual basis for not more than 4 years by the Division of Corrections, the Division of Pretrial Detention and Services, or the Patuxent Institution in the Department of Public Safety and Correctional Services as a correctional officer in a correctional facility defined in § 1–101 of the Correctional Services Article; or (v) a retiree of the Correctional Officers’ Retirement System who is reemployed on a contractual basis for not more than 4 years as a parole and probation employee in a position authorized under Title 6, Subtitle 1 of the Correctional Services Article. (c) An individual who is receiving a service retirement allowance or a vested allowance and who is reemployed by a participating employer may not receive creditable service or eligibility service during the period of reemployment. (d) The individual’s compensation during the period of reemployment may not be subject to the employer pickup provisions of § 21–303 of this article or any reduction or deduction as a member contribution for pension or retirement purposes. (e) The State Retirement Agency shall institute appropriate reporting procedures with the affected payroll systems to ensure compliance with this section. (f) (1) Immediately on the employment of any individual receiving a service retirement allowance or a vested allowance, a participating employer shall notify the State Retirement Agency of the type of employment and the anticipated earnings of the individual. (2) At least once each year, in a format specified by the State Retirement Agency, each participating employer shall provide the State Retirement Agency with a list of all employees included on any payroll of the employer, the Social Security numbers of the employees, and their earnings for that year. (g) At the request of the State Retirement Agency, a unit of State government shall certify to the State Retirement Agency that the individual was not employed by any unit of State government at the time of the individual’s last separation from employment before the individual commenced receiving a service retirement allowance or a vested allowance. (h) An individual who is receiving a service retirement allowance under this title may not be employed within 45 days of the date the individual retired, on a permanent, temporary, or contractual basis, by: (1) the State or other participating employer; or (2) a withdrawn participating governmental unit, if the retiree was an employee of the withdrawn participating governmental unit while the withdrawn governmental unit was a participating employer. (i) The Division of Corrections, the Division of Pretrial Detention and Services, or the Patuxent Institution in the Department of Public Safety and Correctional Services shall notify the State Retirement Agency of any retirees who qualify under subsection (b)(3)(iv) of this section. (j) On or before September 1 of each year, the Commissioner of Corrections, the Commissioner of Pretrial Detention and Services, and the Director of the Patuxent Institution in the Department of Public Safety and Correctional Services shall jointly submit a report in accordance with § 2–1257 of the State Government Article to the Joint Committee on Pensions that provides: (1) the number of rehired retirees under subsection (b)(3)(iv) of this section; (2) the annual salary of each rehired retiree at the time of retirement and the current annual salary of each rehired retiree; (3) the number of correctional officers hired who are not retirees; and (4) the annual salary of each correctional officer who is hired.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026