Code of Maryland Regulations Title 22 - STATE RETIREMENT AND PENSION SYSTEM
1. What the Code of Maryland Regulations Is
The Code of Maryland Regulations (COMAR) is Maryland’s official collection of administrative rules issued by state agencies. These rules:
Have the force of law
Explain how Maryland statutes are implemented in practice
Cover a wide range of topics from licensing to pensions
Each title in COMAR corresponds to a specific subject or agency.
Title 22 governs the Maryland State Retirement and Pension System (SRPS), which manages retirement benefits for public employees.
2. Purpose of Title 22 – State Retirement and Pension System
Title 22 regulates the operation of Maryland’s public employee retirement system. Its purpose is to:
Administer retirement benefits for state and local government employees
Ensure compliance with pension laws
Protect the financial integrity of retirement funds
Establish rules for eligibility, contributions, and distributions
The rules help employees, retirees, and administrators understand their rights and obligations.
3. Legal Authority for Title 22 Rules
The State Retirement and Pension System rules are issued under authority of:
Maryland state law, primarily the Maryland State Personnel and Pensions Article
Regulations passed by the State Retirement Agency
These rules provide detailed procedures that statutes do not specify, such as:
How to apply for benefits
Contribution and deduction methods
Calculations for retirement allowances
4. Structure of Title 22
Title 22 is organized into chapters and sections, each addressing a specific area of retirement system administration. Typical sections include:
General Provisions – Definitions, scope, and purpose
Membership Rules – Who qualifies to join the retirement system
Contributions – Employee and employer contributions to the pension fund
Retirement Allowances – How benefits are calculated and paid
Disability and Early Retirement – Rules for special cases
Survivor Benefits – Rules for family members of deceased members
Refunds and Withdrawals – Procedures for leaving the system
Administration and Governance – Roles of the Board of Trustees and State Retirement Agency
Appeals and Dispute Resolution – How members challenge decisions
5. Major Areas Covered by Title 22
A. Membership
Title 22 explains:
Which employees are eligible to join the system
Different classes of membership (state employees, teachers, law enforcement, judges, etc.)
Rules for enrollment and effective dates
B. Contributions
The rules specify:
Mandatory employee contributions (percentage of salary)
Employer contributions to fund retirement
How contributions are deducted, reported, and recorded
C. Retirement Allowances
Rules define:
Calculation of retirement benefits based on years of service, age, and final average salary
Optional forms of benefit payout (monthly, lump sum, joint-and-survivor)
Adjustments for early or late retirement
D. Disability and Early Retirement
Title 22 provides rules for:
Service-connected or non-service-connected disability benefits
Eligibility criteria for early retirement
Calculations for reduced benefits if retiring early
E. Survivor Benefits
Rules cover:
Benefits for spouses, children, or other dependents if a member dies
Procedures for designating beneficiaries
Options for joint-and-survivor payments
F. Refunds and Withdrawals
The regulations explain:
How members can withdraw contributions if leaving employment
Rules for rollovers into other retirement accounts
Tax implications and procedural requirements
G. Administration and Governance
Rules provide guidance on:
Role of the Board of Trustees in managing funds
Responsibilities of the State Retirement Agency
Investment and financial management policies
Reporting and auditing requirements
H. Appeals and Dispute Resolution
Members can appeal decisions regarding:
Eligibility
Benefits calculation
Refunds or other actions
Rules specify:
Filing procedures
Timelines for review
Decision-making processes
6. Compliance and Enforcement
Title 22 rules are legally binding and must be followed by:
Members (employees and retirees)
Employers (state agencies and local governments)
Administrators of the pension system
Violations can result in:
Denial or delay of benefits
Repayment of incorrectly received benefits
Administrative penalties
7. Who Must Follow Title 22
Public employees covered by the Maryland State Retirement and Pension System
Employers and HR departments managing contributions
Board of Trustees and State Retirement Agency staff
Beneficiaries of members receiving benefits
8. Rulemaking Process
Rules in Title 22 are adopted through:
Proposal by the State Retirement Agency
Public notice and comment period
Review and approval by the Board of Trustees
Filing with the Maryland Register
Adoption as binding regulations
This ensures transparency and legal authority.
9. Relationship to Statutes
Title 22 rules cannot override Maryland law; they implement the law in detail.
They must comply with federal pension and tax regulations, like ERISA provisions where applicable.
The rules explain how statutes are applied operationally to employees and retirees.
10. Practical Importance of Title 22
Title 22 is crucial because it:
Protects retirement rights of public employees
Ensures accurate contributions and benefit calculations
Maintains the financial integrity of public pension funds
Provides clear procedures for enrollment, retirement, disability, and survivor benefits
Guides administrators, HR staff, and members in lawful operations
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