Code of Maryland Regulations
Title 22 - STATE RETIREMENT AND PENSION SYSTEM
Subtitle 04 - MEMBERSHIP
Chapter 22.04.03 - Membership-Teachersamp;#39; Pension System and Teachersamp;#39; Retirement System-Scope
Section 22.04.03.07 - Certified Teachers-Early Childhood or Infant/Primary
Universal Citation: MD Code Reg 22.04.03.07
Current through Register Vol. 51, No. 6, March 22, 2024
A. Definitions.
(1) In this regulation, the following terms have the meanings indicated.
(2) Terms Defined.
(a) "County board" means a county board of education or the Baltimore City Board of School Commissioners.
(b) "Eligible teacher" means an individual who is:
(i) Certified to teach early childhood education (nursery-----3) or infant/primary (birth-----grade 3) in accordance with regulations promulgated by the State Board of Education;
(ii) Employed by a county board to perform teaching duties in a position that requires a certificate in early childhood education (nursery-----3) or infant/primary (birth-----grade 3); and
(iii) Enrolled as a member of the local pension system as a condition of employment instead of the Teachers' Pension System.
(c) Local Pension System.
(i) "Local pension system" means a retirement or pension system operated and administered by a county board for its employees.
(ii) "Local pension system" includes the Employees' Retirement System and the Employees' Pension System if the county board is a participating government unit.
B. Except as provided in §C of this regulation, an individual shall be enrolled in the Teachers' Pension System as a condition of employment if the individual:
(1) Is certified to teach early childhood education (nursery-----3) or infant/primary (birth-----grade 3) in accordance with regulations promulgated by the State Board of Education;
(2) Becomes an employee of a county board on or after March 1, 1999, in a position that requires a certificate in early childhood education (nursery-----3) or infant/primary (birth-----grade 3); and
(3) Performs teaching duties for the county board.
C. Option to Decline Membership.
(1) This section applies to an eligible teacher who was employed by a county board before March 1, 1999.
(2) This section does not apply to an eligible teacher who:
(a) Separated from employment with a county board before March 1, 1999; and
(b) Is not reemployed by a county board as an eligible teacher on or after March 1, 1999.
(3) Enrollment in the Teachers' Pension System.
(a) Except as provided in §C(3)(b) of this regulation, an eligible teacher shall be enrolled in the Teachers' Pension System on or before January 1, 2000.
(b) Election to Decline to Transfer.
(i) An eligible teacher may remain in the local pension system administered by the county board that employs the eligible teacher if the eligible teacher declines to transfer the eligible teacher's service credit from the local pension system to the Teachers' Pension System on or before December 1, 1999, as provided in §C(4) of this regulation.
(ii) An election by an eligible teacher to decline to transfer service credit is irrevocable.
(4) Election to Decline to Transfer Form.
(a) The Retirement Agency shall provide an election to decline to transfer to the Teachers' Pension System form to each county board.
(b) Each county board shall provide the Retirement Agency form to each eligible teacher who has the right to elect to decline to transfer to the Teachers' Pension System.
(c) To decline to transfer to the Teachers' Pension System, an eligible teacher shall complete the form and submit the completed form to the county board and the Retirement Agency on or before December 1, 1999.
(5) On or before January 1, 2000, each county board shall provide the Retirement Agency with a schedule showing the name, address, and Social Security number of each eligible teacher who:
(a) Is eligible to be enrolled in the Teachers' Pension System; and
(b) Received the election to decline to transfer to the Teachers' Pension System form.
(6) For each eligible teacher who is enrolled in the Teachers' Pension System under §C(3)(a) of this regulation, the county board or the local pension system:
(a) Shall certify to the Retirement Agency:
(i) The amount of the individual's previous service credit as of June 30, 1998,
(ii) The amount of the individual's previous service credit from July 1, 1998 to the date of certification,
(iii) The type of the individual's previous service credit,
(iv) A record of the individual's earnable compensation,
(v) The amount of the member contributions, including interest on the contributions, to the individual's credit in the local pension system,
(vi) The tax attributes of the member contributions, and
(vii) Any other information required by the Retirement Agency;
(b) Shall deliver to the Retirement Agency any supporting documentation that the Retirement Agency believes is necessary; and
(c) May not provide any benefit for service credit transferred to the Teachers' Pension System.
(7) Transfer of Service Credit.
(a) Except as provided in §D(7)(b) of this regulation, on enrollment in the Teachers' Pension System on or before January 1, 2000:
(i) An individual's service credit accumulated under the local system shall be transferred from the local pension system to the Teachers' Pension System;
(ii) The total member contributions, including interest on the contributions, to the individual's credit in the local pension system, if any, shall be transferred to the Teachers' Pension System; and
(iii) The eligible teacher shall pay the rate of contribution applicable to a member of the Teachers' Pension System and is eligible for an allowance as provided under the Teachers' Pension System, determined by taking into account the transferred service credit.
(b) If an eligible teacher transfers to the Teachers' Pension System from a local pension system that is noncontributory, on retirement the eligible teacher's retirement allowance shall be reduced by the actuarial equivalent of the accumulated contributions that would have been deducted if the individual had earned the transferred service credit under the Teachers' Pension System, including interest on those contributions, unless the eligible teacher pays the accumulated contributions, including interest on those contributions, to the Retirement Agency.
Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
