Maryland Code § SP-20-101

Section SP-20-101
Open in Lexace · Ask the AI about this section
(a) In this Division II the following words have the meanings indicated.
(b) (1) "Accumulated contributions" means the amounts credited to a
member's individual account in the annuity savings fund of the appropriate State
system.
(2) "Accumulated contributions" includes:

(i) member contributions;
(ii) additional contributions; and
(iii) regular interest.
(c) "Additional contribution" means a contribution that is made voluntarily
by a member.
(d) "Allowance" means a benefit that is payable in equal monthly
installments for the life of the recipient, except as otherwise provided for an optional
form of an allowance under § 21-403 of this article.
(d-1) "Alternate Contributory Pension Selection" means the part of the
Employees' Pension System and the Teachers' Pension System that provides the
Alternate Contributory Pension Selection under Title 23, Subtitle 2, Part III of this
article.
(e) "Annuity" means the part of an allowance that is derived from the
accumulated contributions of a member.
(f) "Annuity reserve" means the present value of an annuity computed on
the basis of actuarial assumptions adopted by the Board of Trustees.
(g) "Average final compensation" means the average annual earnable
compensation that is computed as provided in § 20-204, § 20-205, or § 20-205.1 of
this title.
(h) "Basic allowance" means an allowance computed without modification
under § 21-403 of this article.
(i) "Beneficiary" means a person, other than a retiree, in receipt of a benefit
under this Division II.
(j) "Board of Trustees" means the Board of Trustees for the State
Retirement and Pension System.
(j-1) "Contributory pension benefit" means the part of the Employees'
Pension System and the Teachers' Pension System that provides the contributory
pension benefit under Title 23, Subtitle 2, Part II of this article.
(k) "Correctional Officers' Retirement System" means the Correctional
Officers' Retirement System of the State of Maryland.

(l) "County" means a county of the State and, unless expressly provided
otherwise, Baltimore City.
(m) "Creditable service" means the service credit of a member that is
recognized for computing a benefit under this Division II.
(n) "Designated beneficiary" means a person named as beneficiary by a
member, former member, or a retiree by filing:
(1) an acknowledged written designation with the State Retirement
Agency; or
(2) a properly completed form submitted through the State
Retirement Agency's secure access participant portal with an electronic signature
affixed in the required manner and format.
(o) (1) "Earnable compensation" means one-twelfth of the member's
annual salary rate payable for working the normal time in the member's position,
including:
(i) the employer pickup contribution provided for in § 21-312
of this article; or
(ii) a contribution made under a salary reduction or
supplemental retirement plan in accordance with Title 35 of this article.
(2) "Earnable compensation" does not include:
(i) a lump sum payment by a participating employer that
represents a retroactive salary increase to one or more classes of employees for
periods of employment that took place before the award of the payment; and
(ii) any other payment that the Board of Trustees determines
is not part of a member's annual salary rate payable for working the normal time in
the member's position.
(p) "Eligibility service" means the service credit of a member that is
recognized for determining eligibility for a benefit under this Division II.
(q) "Employees' Pension System" means the Employees' Pension System of
the State of Maryland.
(r) "Employees' Retirement System" means the Employees' Retirement
System of the State of Maryland.

(s) "Employer pickup contribution" means a contribution made through a
reduction in a member's compensation under § 21-313 of this article.
(t) "Former member" means an individual who:
(1) has been a member;
(2) has separated from employment with a participating employer;
and
(3) is not currently a member or retiree.
(u) "Judges' Retirement System" means the Judges' Retirement System of
the State of Maryland.
(v) "Law Enforcement Officers' Pension System" means the Law
Enforcement Officers' Pension System of the State of Maryland.
(w) "Legislative Pension Plan" means the Legislative Pension Plan of the
State of Maryland as provided by the joint resolution submitted to the General
Assembly by the General Assembly Compensation Commission under Article III, §
15 of the Maryland Constitution.
(x) "Local Fire and Police System" means the Local Fire and Police Pension
System of the State of Maryland.
(y) "Medical board" means a board of physicians provided for in § 21-126 of
this article.
(z) "Member" means, unless a different meaning is plainly required by the
context, an individual:
(1) for whom membership in a State system is a condition of
employment; or
(2) (i) for whom membership in a State system is optional; and
(ii) who has elected to become a member of that State system.
(aa) (1) "Member contribution" means:
(i) a contribution that is deducted from a member's
compensation as required by this Division II;

(ii) a contribution that is designated as a member contribution
under § 22-212 or § 22-213 of this article;
(iii) a contribution that is redeposited as a member
contribution;
(iv) the part attributable to a member contribution of any
payment for the purchase of service credit under this Division II; and
(v) an employer pickup contribution.
(2) "Member contribution" does not include any additional
contribution.
(aa-1) "Noncontributory pension benefit" means the part of the Employees'
Pension System and the Teachers' Pension System that does not provide the
contributory pension benefit under Title 23, Subtitle 2, Part II of this article, the
Alternate Contributory Pension Selection under Title 23, Subtitle 2, Part III of this
article, or the Reformed Contributory Pension Benefit under Title 23, Subtitle 2, Part
IV of this article.
(bb) "Normal retirement age" means:
(1) 50 years old, for a member of:
(i) the State Police Retirement System; or
(ii) the Law Enforcement Officers' Pension System;
(2) 60 years old, for a member of:
(i) the Correctional Officers' Retirement System, for the
purpose of disability retirement only;
(ii) the Employees' Retirement System;
(iii) the Judges' Retirement System;
(iv) the Local Fire and Police System, who transferred from the
Employees' Retirement System; or
(v) the Teachers' Retirement System;

(3) 62 years old, for a member of:
(i) the Employees' Pension System who is a member on or
before June 30, 2011;
(ii) the Local Fire and Police System, who has not transferred
from the Employees' Retirement System; or
(iii) the Teachers' Pension System who is a member on or before
June 30, 2011; or
(4) 65 years old, for a member of the Employees' Pension System or
Teachers' Pension System who begins membership on or after July 1, 2011.
(cc) "Participant" means a beneficiary, designated beneficiary, former
member, member, or retiree who is or may become eligible to receive a benefit of any
type from the several systems.
(dd) "Participating employer" means the employer of an individual who,
because of the employment relationship, is eligible for membership in a State system.
(ee) "Participating governmental unit" means a governmental unit that
participates in a State system under Title 31 of this article.
(ff) "Pension" means the part of an allowance that is derived from employer
contributions.
(gg) "Pension reserve" means the present value of a pension, computed on
the basis of actuarial assumptions adopted by the Board of Trustees.
(hh) (1) "Person" means an individual, receiver, trustee, guardian,
personal representative, fiduciary, or representative of any kind and any partnership,
firm, association, corporation, or other entity.
(2) Unless expressly provided otherwise, "person" does not include a
governmental entity or a unit or instrumentality of a governmental entity.
(hh-1) "Reformed contributory pension benefit" means the part of the
Employees' Pension System and the Teachers' Pension System that provides the
reformed contributory pension benefit under Title 23, Subtitle 2, Part IV of this
article.
(ii) "Regular interest" means interest at the rate payable on accumulated
contributions as provided under this Division II for each State system.

(jj) "Retiree" means an individual who:
(1) has separated from employment with a participating employer;
and
(2) receives a retirement allowance under this Division II.
(kk) "Retirement" means the grant of a retirement allowance under this
Division II after separation from employment with a participating employer.
(ll) (1) "Retirement allowance" means an allowance that is payable at
the time of separation from employment with a participating employer.
(2) "Retirement allowance" includes:
(i) a service retirement allowance; and
(ii) a disability retirement allowance.
(3) "Retirement allowance" does not include a vested allowance.
(mm) "Several systems" means the State systems specified in § 21-102 of this
article.
(nn) "Social Security integration level" means, with respect to the calendar
year in which a member retires or otherwise separates from employment, the average
yearly amount of earnings for which old age and survivors benefits would be provided
under Title II of the federal Social Security Act for an employee who is eligible to
receive full old age and survivors benefits provided under Title II of the federal Social
Security Act in that calendar year that is:
(1) computed as though for each previous year yearly earnings are at
least equal to the maximum amount of yearly earnings subject to tax under the
Federal Insurance Contributions Act; and
(2) rounded to the next lower multiple of $100.
(oo) "State Police Retirement System" means the State Police Retirement
System of the State of Maryland.
(pp) "State system" means a retirement or pension system that is included
in the State Retirement and Pension System under § 21-102 of this article.

(qq) "Taxable wage base" means, with respect to each calendar year, the
maximum amount of annual earnings for employees subject to tax under the federal
Old Age, Survivors, and Disability Insurance Act.
(rr) "Teachers' Pension System" means the Teachers' Pension System of the
State of Maryland.
(ss) "Teachers' Retirement System" means the Teachers' Retirement System
of the State of Maryland.
(tt) "Vested allowance" means an allowance that is not payable at the time
of separation from employment with a participating employer, but is deferred until
the former member becomes eligible for immediate payment.

‹ Prev All Maryland sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.