Md. Code Regs. 22.01.11.02

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

Section 22.01.11.02 - Required Break in Service

A. Separation from Service Required.

(1) This section does not apply to the Legislative Pension Plan.

(2) Except as provided by law, an individual shall be separated from all employment with a participating employer at the time of retirement, and may not retire if the individual is employed by the State or other participating employer on any basis, including but not limited to employment on a temporary, permanent, or contractual basis, on the effective date of retirement.

B. 45-Day Rule.

(1) This section does not apply to:

(a) The Legislative Pension Plan;

(b) The temporary assignment of a retiree of the Judges ' Retirement System to sit in a court of this State under the authority of Article IV, § 3A, of the Maryland Constitution; or

(c) A vested allowance.

(2) An individual who is receiving a service retirement allowance or disability retirement allowance may not be employed within 45 days of the date the individual retired, on a permanent, temporary, or contractual basis, by:

(a) The State or other participating employer; or

(b) A withdrawn participating governmental unit, if the retiree was an employee of the withdrawn participating governmental unit while it was a participating employer.

Md. Code Regs. 22.01.11.02

Regulation .02 adopted effective 49:2 Md. R. 78, eff. 1/24/2022