Md. Code Regs. 17.04.13.01

Current through Register Vol. 51, No. 24, December 2, 2024

Section 17.04.13.01 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Beneficiary" means an employee, judge, teacher, member of the optional retirement system, or correctional officer who receives a retirement allowance in accordance with State Personnel and Pensions Article, Annotated Code of Maryland, excluding faculty and staff of community colleges and teachers and staff employed by local boards of education.

(2) "Creditable service" means service credited toward a retirement allowance:

(a) In accordance with State Personnel and Pensions Article, Annotated Code of Maryland; or

(b) For service as a judge.

(3) "Dependent child" means an individual who meets the following requirements:

(a) Is one of the following:

(i) A biological child of the employee or retired employee;

(ii) An adopted child of or a child placed for adoption by an employee or retired employee;

(iii) A stepchild of the employee or retired employee;

(iv) A grandchild of an employee or retired employee who permanently resides with the employee or retired employee, and meets the requirements of 26 U.S.C. §§ 105, 106, and 125, and federal regulations implementing those statutory provisions for tax preferred health benefit coverage;

(v) A child under a testamentary or court appointed guardianship, other than a temporary guardianship of less than 12 months duration, of the employee or retired employee who permanently resides with the employee or retired employee, and meets the requirements of 26 U.S.C. §§ 105, 106, and 125, and federal regulations implementing those statutory provisions for tax preferred health benefit coverage; or

(vi) A child who is related to the employee or retired employee by blood or marriage, is solely supported by and permanently resides with the employee or retired employee, and meets the requirements of 26 U.S.C. §§ 105, 106, and 125, and federal regulations implementing those statutory provisions for tax preferred health benefit coverage; and

(b) Subject further to §B(6-1) of this regulation, is either:

(i) Under the age of 26, through the end of the month in which the child turned 26; or

(ii) At the time of reaching the age of 26, incapable of self-support because of a mental or physical incapacity that started before the child reached age 26 and is chiefly dependent for support on the employee or the retired employee.

(4) "Designated beneficiary" means a surviving spouse or dependent child of an employee or retired employee receiving a retirement allowance.

(5) "Health Benefits Administrator" means the administrator of the State employees' health benefits program of the Department of Budget and Management.

(6) "Normal retirement age" means the age at which a vested retirement allowance shall begin.

(6-1) "Other dependent child relative" is a subset of "dependent child" and means a dependent child who is not a biological child, adopted child, or stepchild of an employee or retired employee, nor a child placed for adoption by an employee or retired employee, and is either:

(a) Under the age of 25, through the end of the month in which the child turned 25; or

(b) At the time of reaching the age of 25, incapable of self-support because of a mental or physical incapacity that started before the child reached age 25 and is chiefly dependent for support on the employee or the retired employee.

(7) "Political subdivision" means any of the following:

(a) A county;

(b) Baltimore City; or

(c) A municipal corporation as defined in Article 23A, § 9, Annotated Code of Maryland.

(7-1) "Program" means the State Employee and Retiree Health and Welfare Benefits Program.

(8) "Secretary" means the Secretary of Budget and Management.

(9) "Spouse" means an individual who is lawfully joined in marriage to an employee or retired employee.

(10) "State service" means service with the State as an employee, judge, teacher, member of the optional retirement system, or correctional officer as defined in State Personnel and Pensions Article, Annotated Code of Maryland, excluding service as faculty and staff of community colleges and service as teachers and staff employed by local boards of education.

Md. Code Regs. 17.04.13.01

Regulations .01 and new Regulation .01 adopted as an emergency provision effective July 1, 2008 (35:15 Md. R. 1346); adopted permanently effective August 25, 2008 (35:17 Md. R. 1489)
Regulation .01B amended effective July 1, 2009 (36:10 Md. R. 717); September 20, 2010 (37:19 Md. R. 1284); October 3, 2011 (38:20 Md. R. 1204); amended effective 45:4 Md. R. 207, eff. 2/26/2018