§ 21-704

Maryland § 21-704

• Jurisdiction: Maryland
• Article gsp: State Personnel and Pensions
• Title: 21

Text

(a) If the final adjudication of charges results in conviction of a public employee, the public employee’s retirement allowance shall be forfeited in whole or in part in accordance with this section.

(b) (1) On conviction of a public employee, the Attorney General or State’s Attorney shall file a complaint in circuit court to forfeit the public employee’s benefits in whole or in part.

(2) Notice of the complaint filed under paragraph (1) of this subsection shall be served on:

(i) the public employee;

(ii) any known spouse of the public employee;

(iii) any known dependents of the public employee;

(iv) the public employee’s designated beneficiaries;

(v) any former spouse who has been assigned benefits under an existing domestic relations order; and

(vi) the State Retirement Agency.

(3) Notwithstanding § 4–312 of the General Provisions Article, on written request, the State Retirement Agency shall provide the Attorney General or State’s Attorney with available information from the retirement records of the public employee to assist the Attorney General or State’s Attorney in providing the notice required under this subsection.

(c) The court shall enter an order requiring the forfeiture, in whole or in part, of the public employee’s benefits if the court finds by clear and convincing evidence that:

(1) the public employee was convicted of a qualifying crime;

(2) the public employee was a member of the Employees’ Pension System or the Employees’ Retirement System; and

(3) the qualifying crime for which the public employee was convicted was committed while the public employee was an active member of the Employees’ Pension System or the Employees’ Retirement System.

(d) Only service credit in the State system in which the public employee is a member when the qualifying crime is committed is eligible for forfeiture under this section.

(e) (1) An order requiring forfeiture of benefits shall indicate the amount of benefits to be forfeited.

(2) When determining the amount of benefits to be forfeited, the court shall consider:

(i) the severity of the crime;

(ii) the amount of monetary loss suffered by the State, a county, a political subdivision, or a person as a result of the crime;

(iii) the degree of public trust placed in the public employee;

(iv) the financial needs and resources of the public employee;

(v) the financial needs and resources of the public employee’s spouse, children, or other dependents;

(vi) any interest in benefits of a former spouse established under an existing domestic relations order; and

(vii) any other factors the court determines relevant.

(f) (1) If the court enters an order requiring the forfeiture of benefits, the court may enter a domestic relations order that provides that some or all of the forfeited benefits be paid to a spouse, former spouse, child, or other dependent for purposes of child support, alimony, or marital property rights.

(2) When determining whether to enter a domestic relations order under paragraph (1) of this subsection, the court shall consider whether the public employee’s spouse, former spouse, children, or dependents were culpable or complicit in the commission of the qualifying crime.

(3) The court may not order benefits to be paid to a public employee’s spouse, former spouse, child, or other dependent in a manner that is inconsistent with the payment of benefits in the State system in which the public employee was a member.

(g) (1) An order requiring a forfeiture of benefits issued under this section may not impair or alter an existing domestic relations order providing benefits to a former spouse of a public employee.

(2) A public employee’s interest in a benefit of a former spouse established by a domestic relations order may not be subject to a forfeiture or reduction under this subtitle.

(h) Benefits available to a public employee as a beneficiary may not be subject to a forfeiture under this subtitle.