Md. Code Regs. 22.01.04.05

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

Section 22.01.04.05 - Extraordinary Salary Increase - Board of Trustees' Determination

A. Retirement Agency's Report and Notice.

(1) The Retirement Agency shall issue a preliminary report that includes the following information:

(a) The name of each member that the Retirement Agency has preliminarily determined to have received an extraordinary salary increase;

(b) The name of the member's employer;

(c) The amount of the increase in the member's average annual earnable compensation;

(d) The reason or reasons for the increase; and

(e) A comparison of the member's allowance calculated with and without inclusion of the extraordinary salary increase in the member's annual final compensation.

(2) The Retirement Agency shall send to each member listed in the report written notice of:

(a) The Agency's determination that the member has received an extraordinary salary increase;

(b) A comparison of the member's average final compensation and resulting allowance amount calculated with and without inclusion of the extraordinary salary increase;

(c) The employer's stated reason or reasons for the increase; and

(d) A statement of the member's right to file with the Executive Director a written statement of the reasons why the member believes the determination that the member received an extraordinary salary increase is incorrect.

B. Board of Trustees Determination.

(1) The Executive Director shall submit to the Board of Trustees:

(a) Each report issued pursuant to §A(1) of this regulation; and

(b) A copy ofa written statement filed by a member pursuant to §A(2)(d) of this regulation.

(2) Following review of the Retirement Agency's report and any written statement filed by a member, a majority of the Board of Trustees shall determine whether each member received an extraordinary salary increase.

(3) As soon as practicable after the meeting of the Board of Trustees, the Secretary to the Board of Trustees shall send each member listed on the Retirement Agency's report written notice of the Board of Trustees' decision and, if the decision is adverse to the member, of the member's right to submit a petition for a hearing under COMAR 22.03.04.

Md. Code Regs. 22.01.04.05

Amended effective 46:3 Md. R. 106, eff. 2/11/2019