(a) Normal retirement date. The normal retirement date is the first day of the month elected by a member after the member meets the years of service and age requirements for the applicable membership group. For normal retirement:
(A) The member must have at least:
(i) 5 years of credited service and be at least age 60; or
(ii) 30 years of credited service and be at least age 55.
(B) After June 30, 2002, a Group A member who is a Police Telecommunicator must have at least:
(i) 5 years of credited service and be at least age 60; or
(ii) 30 years of credited service and be at least age 50.
(2) Group B: The member must have at least:
(A) 15 years of credited service and be at least age 55; or
(B) 30 years of credited service and be at least age 51.
(3) Group D: The member must meet the requirements of the County police relief and retirement fund law.
(4) Group E: The member must have at least:
(A) 15 years of credited service and be at least age 55; or
(B) 25 years of credited service and be at least age 46.
(5) Group F: The member must have at least:
(A) 15 years of credited service and be at least age 55; or
(B) 25 years of credited service.
(6) Group G: The member must have at least:
(A) 15 years of credited service and be at least age 55; or
(B) 20 years of credited service regardless of age.
(7) (A) Group H: The member must have at least:
(i) 5 years of credited service and be at least age 60; or
(ii) 30 years of credited service and be at least age 55.
(B) After June 30, 2002, a Group H member who is a Police Telecommunicator must have at least:
(i) 5 years of credited service and be at least age 60; or
(ii) 30 years of credited service and be at least age 50.
(C) After June 30, 2002, a Group H member who is also an SLT bargaining unit member must have at least:
(i) 5 years of credited service and be at least age 60; or
(ii) 30 years of credited service and be at least age 50.
(8) Group J: The member must have at least:
(A) 15 years of credited service and be at least age 55; or
(B) 25 years of credited service and be at least age 46.
(9) An elected officials’ participant or an elected official who participates in the guaranteed retirement income plan must have at least the lesser of a full term of office or 4 years of credited service and be at least age 62.
(10) A guaranteed retirement income plan participant, except an elected official, must be at least age 62 with 3 years of credited service.
(b) Retirement date election. A member other than a Group F member must submit written application for retirement at least 30 days before the date elected. A Group F member must submit a written application for retirement at least 14 days before the date elected. In extenuating circumstances, the Chief Administrative Officer may waive this requirement.
(c) Early retirement date.
(1) A member, other than a group G member, who has not met the age and service requirements for a normal retirement may elect to receive pension payments beginning on an early retirement date the first day of a month after the following requirements are met:
(A) the group A member has at least 15 years of credited service and has reached age 50, or has at least 20 years of credited service and has reached age 45;
(B) the group B member has at least 15 years of credited service and has reached age 45;
(C) the group E member has at least 15 years of credited service and has reached age 45, or has at least 20 years of credited service and has reached age 41;
(D) the group F member has at least 15 years of credited service and has reached age 45, or has at least 20 years of credited service and has reached age 41;
(E) the group H member has at least 15 years of credited service and has reached age 50, or has at least 20 years of credited service and has reached age 45; or
(F) the group J member has at least 15 years of credited service and has reached age 45, or has at least 20 years of credited service and has reached age 41.
(2) A group G member is not eligible for an early retirement.
(3) A participant in the guaranteed retirement income plan is not eligible for early retirement.
(1) A trial retirement under this subsection is not available to:
(B) a non-merit appointed official;
(C) a member covered under a collective bargaining agreement, except a member of the Police Bargaining Unit;
(D) a non-County Government employee; or
(E) a member who participates in a retirement incentive program.
(2) A member who is eligible for normal retirement may retire on a trial basis for a period not to exceed 9 months.
(3) A member may retire on a trial basis only once.
(4) A member who wishes to retire on a trial basis must notify the Chief Administrative Officer in writing at least 30 days before the retirement date of the member's intention to retire on a trial basis.
(5) A member may elect to return to County service before the end of the nine- month trial retirement period by notifying the Chief Administrative Officer in writing at least 30 days before the member returns to service, under procedures adopted by the Chief Administrative Officer.
(6) (A) After the member notifies the Chief Administrative Officer that the member intends to return to County service, the Chief Administrative Officer must return the member to:
(i) the position the member held before retirement, if it is still available;
(ii) a position with an equivalent salary and grade in the same or another office of the County government; or
(iii) if the member was a member of the Police Bargaining Unit, to a position in the Department of Police with an equivalent salary and grade, when such a position becomes available.
(B) The member may accept a position with a lower salary or grade, but is not required to do so.
(C) If the member does not accept an offer of the position that the member held before retirement or a position with an equivalent salary and grade, the member is considered to have permanently retired.
(7) A member returning from trial retirement:
(A) Has the same rights and benefits as the member had before the trial retirement; and
(B) Receives a salary reflecting all cost-of-living adjustments granted to that position while the member was on trial retirement.
(8) When the Chief Administrative Officer receives notice of a member's intention to retire on a trial basis, the member must not be paid for accrued annual leave until:
(A) The member notifies the Chief Administrative Officer in writing that the member no longer intends to retire on a trial basis; or
(B) The member retires permanently. (Ord. No. 5-152; Ord. No. 6-195, § 1; 1971 L.M.C., ch. 39, § 1; 1972 L.M.C., ch. 19, § 3; 1974 L.M.C., ch. 31, § 4; 1974 L.M.C., ch. 59, § 2; 1978 L.M.C., ch. 44, § 1; 1987 L.M.C., ch. 27, § 5; 1988 L.M.C., ch. 26, § 1; 1989 L.M.C., ch. 45, § 1.; 1993 L.M.C., ch. 21, § 1; 1995 L.M.C., ch. 31, § 1; 1999 L.M.C., ch. 26, § 1; , § 1
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Editor’s note—, § 2, states, in part: ... Any active group E member who is not a County correctional officer or a sworn deputy sheriff must become a group J member on the date this law takes effect.
, § 3, states, in part: Section 2 of this Act takes effect on December 6, 2010. An eligible individual who is an elected official on December 5, 2010, and remains in office on and after December 6, 2010, must decide to participate in the guaranteed retirement income plan on or before May 1, 2011. If an elected official decides to participate between December 6, 2010 and May 1, 2011, that elected official’s participation must begin on the first pay period after June 1, 2011.
See editor’s note to Article III, Employee’s Retirement System, regarding Retirement Incentive Program.
The above section is cited in Fultz v. Shaffer, 111 Md.App. 278, 681 A.2d 568 (1996) and in Cohen v. Goldstein, 58 Md.App. 699, 474 A.2d 229 (1984).
