§ 23-404

(a) (1) In this section the following words have the meanings indicated.

(2) “Appointed official” means an individual appointed to a public office of the State who meets the legal criteria for an appointed official as determined by the Office of the Attorney General.

(3) “Unclassified service of the State” means the unclassified service in the State Personnel Management System or a comparable position in an independent personnel system of a participating employer.

(b) The Board of Trustees shall pay a member of the Employees’ Pension System who qualifies under subsection (c) of this section a normal service retirement allowance, regardless of age, if the member:

(1) has at least 16 years of creditable service; and

(2) elects to have the member’s accumulated contributions paid as an annuity of equivalent actuarial value instead of withdrawing the accumulated contributions.

(c) A member qualifies for a normal service retirement allowance under subsection (b) of this section if the member:

(1) (i) is an elected or appointed official of the State at the time of application for retirement; and

(ii) was initially an elected or appointed official of the State before July 22, 1981;

(2) (i) is an elected or appointed official of the State when separating from employment;

(ii) was initially an elected or appointed official of the State during the period from July 22, 1981, through June 30, 1982, both inclusive; and

(iii) separated from employment involuntarily, as certified by the Secretary of Budget and Management;

(3) (i) was promoted to a position in the unclassified service of the State on or before June 30, 1982;

(ii) has been in the unclassified service or its equivalent in the State continuously from June 30, 1982, until separating from employment; and

(iii) separated from employment involuntarily, as certified by the Secretary of Budget and Management; or

(4) (i) is a deputy clerk of the court at the time of application for retirement; and

(ii) was initially a deputy clerk of the court before July 22, 1981.

(d) (1) This subsection applies to a retiree who:

(i) retires as an elected or appointed official under this section; and

(ii) is appointed or elected to an office for which the State pays the compensation.

(2) On the appointment or election of a retiree described in paragraph (1) of this subsection:

(i) the retiree’s retirement allowance shall stop;

(ii) the retiree may rejoin the Employees’ Pension System;

(iii) the retiree shall make member contributions as provided in this title; and

(iv) the Board of Trustees shall restore any creditable service or eligibility service to the retiree’s credit at the time of retirement.

(3) Subject to paragraph (4) of this subsection, on subsequent retirement of a retiree described in paragraph (1) of this subsection, the Board of Trustees shall credit the retiree with all of the retiree’s creditable service and eligibility service as a member.

(4) The allowance, on the subsequent retirement, may not exceed the sum of:

(i) the allowance the retiree was receiving during the previous retirement; and

(ii) the allowance that has accrued on account of creditable service earned after the previous retirement.