Md. Code Regs. 22.04.01.04

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

Section 22.04.01.04 - Requests for Waiver of the ACH Debit Requirement

A. A participating employer that is subject to Regulation .03 of this chapter may request a waiver from the requirement to pay contributions via ACH Debit.

B. A request for a waiver shall be made in writing to the Executive Director or the Executive Director's designee and shall detail the reasons why the participating employer is unable to comply with the ACH Debit requirement.

C. Upon receipt of a request for a waiver, the Executive Director or the Executive Director's designee may request, and the participating employer shall provide, any additional information or documentation that the Executive Director or the designee considers appropriate to substantiate the participating employer's request.

D. The Executive Director or the Executive Director's designee may grant the participating employer's request for a waiver on a temporary or indefinite basis if the participating employer demonstrates to the satisfaction of the Executive Director or the designee that the participating employer is unable to comply with the ACH Debit requirement.

E. If the Executive Director or the Executive Director's designee grants a participating employer's request for a waiver on a temporary basis, the Executive Director or the designee shall specify the time period for the waiver. Any granted waiver shall be effective on the date granted, and no retroactive waivers will be granted.

F. If the Executive Director or the Executive Director's designee grants a participating employer's request for a waiver on an indefinite basis, the Retirement Agency may require the participating employer to periodically submit documentation demonstrating the continued necessity of the waiver. If the Executive Director or the designee determines that a waiver is no longer needed, the Executive Director or the designee may rescind the waiver.

G. If the Executive Director or the Executive Director's designee grants a participating employer's request for a waiver and the participating employer fails to make timely member contribution payments in accordance with Regulation .03 of this chapter, or fails to submit the information required under Regulation .02 of this chapter as each payroll is paid, and in the manner and format required by the Retirement Agency, the Executive Director or the designee may rescind the waiver.

H. The denial of a request for a waiver from the ACH Debit requirement 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.

Md. Code Regs. 22.04.01.04

Regulation .04 adopted effective 48:25 Md. R.1071-1098, eff. 12/13/2021