EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
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SENATE BILL 410
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By: Senator Elfreth (Chair, Joint Committee on Pensions)
Introduced and read first time: January 24, 2022
Assigned to: Budget and Taxation
A BILL ENTITLED
AN ACT concerning 1
Teachers’ Retirement and Pension Systems – Reemployment 2
FOR the purpose of providing an exemption from reemployment earnings offsets for 3
retirees of the Teachers’ Retirement and Pension Systems for certain reemployment; 4
and generally relating to the reemployment of retirees of the Teachers’ Retirement 5
and Pension Systems. 6
BY repealing and reenacting, without amendments, 7
Article – State Personnel and Pensions 8
Section 22–406(b), (c)(4)(xi), (d), and (m)(2) and 23–407(b), (c)(4)(ix), (d), and (m)(2) 9
Annotated Code of Maryland 10
(2015 Replacement Volume and 2021 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – State Personnel and Pensions 13
Section 22–406(c)(8) and 23–407(c)(8) 14
Annotated Code of Maryland 15
(2015 Replacement Volume and 2021 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – State Personnel and Pensions 19
22–406. 20
(b) Except as provided in subsection (d) of this section, an individual who is 21
receiving a service retirement allowance or vested allowance may accept employment with 22
a participating employer on a permanent, temporary, or contractual basis, if: 23
2 SENATE BILL 410
(1) the individual immediately notifies the Board of Trustees of the 1
individual’s intention to accept this employment; and 2
(2) the individual specifies the compensation to be received. 3
(c) (4) Except for an individual whose allowance is subject to a reduction as 4
provided under paragraphs (1)(iii) and (3) of this subsection, the reduction of an allowance 5
under this subsection does not apply to: 6
(xi) a retiree of the Teachers’ Retirement System who is reemployed 7
by a local school system or the Maryland School for the Deaf and is rehired in accordance 8
with paragraph (8) of this subsection; or 9
(8) (i) In addition to any individuals rehired in accordance with 10
paragraph (5) of this subsection, and subject to subparagraph (ii) of this paragraph, each 11
superintendent of a local school system and the superintendent of the Maryland School for 12
the Deaf may rehire a maximum of five individuals who are retirees of the Teachers’ 13
Retirement System in any position at any school in the superintendent’s local school system 14
or the Maryland School for the Deaf. 15
(ii) The number of individuals rehired under subparagraph (i) of this 16
paragraph for each local school system or the Maryland School for the Deaf may not exceed 17
a total of five retirees at any one time when added to the number of individuals rehired 18
under § 23–407(c)(8)(i) of this article for that same local school system or the Maryland 19
School for the Deaf. 20
(III) IN ADDITION TO ANY IN DIVIDUALS REHIRED IN 21
ACCORDANCE WITH SUBP ARAGRAPHS (I) AND (II) OF THIS PARAGRAPH , FROM JULY 22
1, 2022, THROUGH JUNE 30, 2024, EACH SUPERINTENDENT OF A LOCAL SCHOOL 23
SYSTEM AND THE SUPER INTENDENT OF THE MARYLAND SCHOOL FOR THE DEAF 24
MAY REHIRE INDIVIDUA LS WHO ARE RETIREES OF THE TEACHERS’ RETIREMENT 25
SYSTEM AT ANY SCHOOL IN THE SUPERINTENDENT ’S LOCAL SCHOOL SYSTE M OR 26
THE MARYLAND SCHOOL FOR THE DEAF AS: 27
1. A CLASSROOM TEACHER ; 28
2. A SUBSTITUTE CLASSRO OM TEACHER ; 29
3. A TEACHER MENTOR ; OR 30
4. A PRINCIPAL. 31
(d) An individual who is receiving a service retirement allowance under this title 32
may not be employed within 45 days of the date the individual retired, on a permanent, 33
temporary, or contractual basis, by: 34
SENATE BILL 410 3
(1) the State or other participating employer; or 1
(2) a withdrawn participating governmental unit, if the retiree was an 2
employee of the withdrawn participating governmental unit while the withdrawn 3
governmental unit was a participating employer. 4
(m) On or before October 1 of each year, the State Superintendent of Schools shall 5
submit a report for the previous school year, to the Joint Committee on Pensions, in 6
accordance with § 2–1257 of the State Government Article, that provides: 7
(2) the number of retirees rehired under subsection (c)(8) of this section. 8
23–407. 9
(b) Except as provided in subsection (d) of this section, an individual who is 10
receiving a service retirement allowance or a vested allowance may accept employment 11
with a participating employer on a permanent, temporary, or contractual basis, if: 12
(1) the individual immediately notifies the Board of Trustees of the 13
individual’s intention to accept this employment; and 14
(2) the individual specifies the compensation to be received. 15
(c) (4) Except for an individual whose allowance is subject to a reduction as 16
provided under paragraphs (1)(iii) and (3) of this subsection, the reduction of an allowance 17
under this subsection does not apply to: 18
(ix) a retiree of the Teachers’ Pension System who is reemployed by 19
a local school system or the Maryland School for the Deaf and is rehired in accordance with 20
paragraph (8) of this subsection; or 21
(8) (i) In addition to any individuals rehired in accordance with 22
paragraph (5) of this subsection, and subject to subparagraph (ii) of this paragraph, each 23
superintendent of a local school system and the superintendent of the Maryland School for 24
the Deaf may rehire a maximum of five individuals who are retirees of the Teachers’ 25
Pension System in any position at any school in the superintendent’s local school system or 26
the Maryland School for the Deaf. 27
(ii) The number of individuals rehired under subparagraph (i) of this 28
paragraph for each local school system or the Maryland School for the Deaf may not exceed 29
a total of five retirees at any one time when added to the number of individuals rehired 30
under § 22–406(c)(8)(i) of this article for that same local school system or the Maryland 31
School for the Deaf. 32
(III) IN ADDITION TO ANY IN DIVIDUALS REHIRED IN 33
ACCORDANCE WITH SUBP ARAGRAPHS (I) AND (II) OF THIS PARAGRAPH , FROM JULY 34
1, 2022, THROUGH JUNE 30, 2024, EACH SUPERINTENDENT OF A LOCAL SCHOOL 35 4 SENATE BILL 410
SYSTEM AND THE SUPER INTENDENT OF THE MARYLAND SCHOOL FOR THE DEAF 1
MAY REHIRE INDIVIDUA LS WHO ARE RETIREES OF THE TEACHERS’ PENSION 2
SYSTEM AT ANY SCHOOL IN THE SUPERINTENDEN T’S LOCAL SCHOOL SYSTE M OR 3
THE MARYLAND SCHOOL FOR THE DEAF AS: 4
1. A CLASSROOM TEACHER ; 5
2. A SUBSTITUTE CLASSRO OM TEACHER ; 6
3. A TEACHER MENTOR ; OR 7
4. A PRINCIPAL. 8
(d) An individual who is receiving a service retirement allowance under this title 9
may not be employed within 45 days of the date the individual retired, on a permanent, 10
temporary, or contractual basis, by: 11
(1) the State or other participating employer; or 12
(2) a withdrawn participating governmental unit, if the retiree was an 13
employee of the withdrawn participating governmental unit while the withdrawn 14
governmental unit was a participating employer. 15
(m) On or before October 1 of each year, the State Superintendent of Schools shall 16
submit a report for the previous school year, to the Joint Committee on Pensions, in 17
accordance with § 2–1257 of the State Government Article, that provides: 18
(2) the number of retirees rehired under subsection (c)(8) of this section. 19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 20
1, 2022. It shall remain effective for a period of 2 years and 1 month and, at the end of June 21
30, 2024, this Act, with no further action required by the General Assembly, shall be 22
abrogated and of no further force and effect. 23