Md. Code Regs. 22.01.02.03

Current through Register Vol. 52, No. 1, January 10, 2025

Section 22.01.02.03 - Availability of Requested Public Records

A. The public records of, or in the custody of, the Board of Trustees or Retirement Agency are available for inspection and copying only to the extent provided under the Act and in this regulation.

B. Except for any portion of a retirement record that is exempt from disclosure under the Act or this regulation, a retirement record is available for inspection and copying:

(1) By the person in interest;

(2) By the appointing authority of the person in interest;

(3) After the death of the person in interest, by:

(a) The person in interest's designated beneficiary;

(b) The personal representative of the person in interest's estate; or

(c) Any person who demonstrates to the satisfaction of the Executive Director that the person has a valid claim to the benefits of the person in interest;

(4) By a law enforcement agency in order to obtain the home address of a retired employee of the law enforcement agency when contact with a retired employee is documented to be necessary for official agency business; or

(5) By the employees of a county unit that, by county law, is required to audit the retirement records for current or former employees of the county, if the county unit and the employees of the county unit agree to protect the confidentiality of the records in accordance with Regulation .10 of this chapter.

C. Medical records contained in an individual's retirement record are available for inspection and copying by the person in interest, other than an alternate payee, but if the medical record relates to a psychiatric or psychological problem then the request shall be subject to the requirements of the Health-General Article, § 4-304(a), Annotated Code of Maryland.

D. Elected or Appointed Officials.

(1) In this section, "appointed official" means an individual appointed to a public office in the State or political subdivision of the State who meets the legal criteria for an appointed official as determined by the Office of the Attorney General.

(2) The Agency custodian shall disclose to an applicant the amount of that part of a retirement allowance that is derived from employer contributions and that is granted to:

(a) A retired elected or appointed official of the State; or

(b) A retired elected official of apolitical subdivision.

(3) The Agency custodian shall disclose to an applicant the benefit formula and the variables for calculating the retirement allowance of

(a) A current elected or appointed official of the State; or

(b) A current elected official of apolitical subdivision.

E. Investment Records.

(1) Except for any portion of an investment record that is exempt from disclosure under the Act or this regulation, and except as provided in §E(2) of this regulation, investment records are available for inspection and copying by an applicant when the:

(a) Chief Investment Officer of the Retirement Agency determines that the release of information would not adversely affect the negotiation for, or market price of, a security or real property; and

(b) Retirement Agency completes:

(i) A proposed purchase or program of purchases leading to a cumulative position in a security;

(ii) The making, sale, or prepayment of a loan;

(iii) Any proposed sale or program of sales leading to the elimination of a position in a security; or

(iv) The sale or purchase of real property.

(2) The Agency custodian shall make available for inspection and copying that portion of an investment record that contains information compiled by the Board of Trustees for conducting the review of the performance, form, and contents of the annuity contracts offered under the Optional Retirement Program established under State Personnel and Pensions Article, § 30-201, Annotated Code of Maryland.

(3) With respect to the disclosure of records concerning an alternative investment, the Retirement Agency shall follow the Board of Trustees' policies set forth in the Investment Policy Manual pursuant to State Personnel and Pensions Article, §§ 21-116(c) and 21-123(c), Annotated Code of Maryland.

F. Except as provided in §G of this regulation, the home address or telephone number of an employee of a unit or instrumentality of the State or of a political subdivision may not be available for inspection and copying by an applicant unless the:

(1) Employee consents to inspection of the record; or

(2) Unit or instrumentality that employs the employee determines that inspection is needed to protect the public interest.

G Access to Public Employee Organizations.

(1) This section applies only to the:

(a) Employees' Pension System;

(b) Employees' Retirement System;

(c) Teachers' Pension System; and

(d) Teachers' Retirement System.

(2) Except as provided in §G(4) of this regulation, each year, the Retirement Agency shall release the information set forth in §G(3) of this regulation to a public employee organization if the public employee organization:

(a) Submits a written request for the information;

(b) Pays the applicable fee; and

(c) Agrees to maintain the confidentiality of the records as provided in Regulation .10 of this chapter.

(3) The Retirement Agency may release the following information to a public employee organization at no fee:

(a) The name and last known address of each individual who became a retiree or began receiving a vested allowance in the last year;

(b) The name and last known address of each retiree or former member receiving a vested allowance who died in the last year; and

(c) Any change in address in the last year of a retiree or former member receiving a vested allowance.

(4) If the public employee organization requests the information set forth in §G(3) of this regulation in such a manner and format that it cannot be obtained from a standard report that is regularly run by the Retirement Agency, the Retirement Agency may impose a reasonable fee for the information based upon the actual expense to the Retirement Agency for any special software programming and testing required.

(5) At any time, a retiree, or former member who is receiving a vested allowance, may submit written instructions to the Retirement Agency to cease providing the information set forth in §G(3) of this regulation to a public employee organization.

(6) On receipt of written instructions pursuant to §G(5) of this regulation, the Retirement Agency may not release information about the retiree, or former member who is receiving a vested allowance, to a public employee organization.

H. Notwithstanding §G(5) of this regulation, on request of a retiree organization that complies with State Personnel and Pensions Article, § 21-128, Annotated Code of Maryland, the Board of Trustees shall provide retiree data to a mail processing center for the purpose of providing a direct mailing to a retiree of the several systems who is a member or eligible to become a member of the retiree organization.

Md. Code Regs. 22.01.02.03

Regulation .03 adopted effective 46:3 Md. R. 106, eff. 2/11/2019