Md. Code Regs. 22.01.11.05

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

Section 22.01.11.05 - Procedures for Obtaining Relief by Extending Period of Reduction or Offset

A. If financial hardship to a retiree would result from reduction of an allowance under Regulation .03 of this chapter, or offset of an overpaid allowance under Regulation .04 of this chapter, the retiree may request that the Retirement Agency extend the time period of the reduction or offset by submitting a written request to the Executive Director.

B. The request shall:

(1) Explain the basis for the retiree's request; and

(2) Include any relevant documentation or records in support of the retiree's request.

C. In the Executive Director's sole discretion, the Executive Director may grant the retiree's request by extending the time period over which the reduction or offset occurs. The Executive Director may not cancel or waive any amounts that are required to be reduced or offset from a retiree's allowance.

D. The denial of a request to extend the time period of the reduction or offset is not a contested case under State Government Article, § 10-202, Annotated Code of Maryland, for which a hearing is required under COMAR 22.03.04.

E. If a retiree believes that the retiree is not subject to an earnings limitation, or that the retiree's earnings did not exceed any applicable earnings limitation, under Regulation .03 of this chapter, the retiree shall immediately notify the Executive Director in writing of the basis for the retiree's claim. If the Executive Director denies the retiree's claim, the Executive Director shall notify the retiree in writing and shall advise the retiree of the retiree's right to request a hearing under COMAR 22.03.04.

F. If a retiree believes that the retiree is not subject to a suspension of the retiree's disability allowance, or that the Agency has incorrectly calculated the amount of the appropriate offset, under Regulation .04 of this chapter, the retiree shall immediately notify the Executive Director in writing of the basis for the retiree's claim. If the Executive Director denies the retiree's claim, the Executive Director shall notify the retiree in writing and shall advise the retiree of the retiree's right to request a hearing under COMAR 22.03.04.

Md. Code Regs. 22.01.11.05

Regulation .05 adopted effective 49:2 Md. R. 78, eff. 1/24/2022