Sec. 22.01.11.06. Procedures for Obtaining Relief from the Offset Provisions

A. If a retiree believes that the retiree's earnings during the preceding calendar year did not exceed the applicable earnings limitation, the retiree may petition the Board of Trustees for relief from the offset provisions by submitting a written request for relief to the Executive Director.

B. The petition shall:

(1) Be in writing;

(2) Explain the basis for the retiree's request; and

(3) Include any relevant documentation or records in support of the retiree's request.

C. The Executive Director shall review a retiree's petition for relief from the offset provision. The Executive Director may grant the retiree relief. If the Executive Director determines that the retiree is not entitled to relief from the offset provision, the Executive Director shall advise the Board of Trustees of the denial and the reason or reasons for the denial.

D. A majority of the Board of Trustees may:

(1) Affirm the Executive Director's decision; or

(2) Direct the Executive Director to grant the retiree's petition for relief from application of the offset provision.

E. The Secretary to the Board of Trustees shall notify the retiree of the Board of Trustees' decision as soon as practical after the meeting of the Board of Trustees. The notice shall be in writing and shall advise the retiree of the retiree's right to request a hearing under COMAR 22.03.04.