Sec. 22.01.14.03. Retirement Application

A. Application Required.

(1) In order to retire with a normal service retirement allowance, early service retirement allowance, or special early retirement allowance, a member or former member who is eligible to retire must properly complete the appropriate written application form that is available from the Retirement Agency and submit it to the Retirement Agency.

(2) A retirement application is properly completed if it:

(a) Is completed in accordance with the form’s instructions, dated, signed by the member or former member, and properly acknowledged by a notary public; and

(b) In the case of a member who is retiring upon separation from employment, contains the employer’s certification of the member or former member’s separation from employment, wages, contributions, and sick leave.

(3) Submission Date.

(a) Except as provided in §A(3)(b) and (c) of this regulation, a retirement application is considered submitted on the last day of the month immediately prior to the date that it is received by the administrative offices of the Retirement Agency at the mailing address provided on the retirement application.

(b) In the case of a member who is retiring upon separation from employment, a retirement application is considered submitted on the last day of the month immediately prior to the date that it was properly acknowledged by a notary public if the application is submitted to the Retirement Agency by the member’s employing agency within 60 days of the notarization date.

(c) In the case of a ten-month employee or other former member of the Teachers’ Retirement System or Teachers’ Pension System who separated from employment as of June 30 of the current calendar year, a retirement application is considered submitted as of June 30 if the Retirement Agency receives the retirement application on or before September 15 of the same calendar year.

B. Commencement of Retirement Benefits.

(1) This section does not apply to the Judges’ Retirement System or the Legislative Pension Plan.

(2) A member or former member shall state the date which the member or former member desires to retire on the retirement application.

(3) A member or former member who is eligible to retire at the time of separation from employment may not retire with a normal service retirement allowance, early service retirement allowance, or special early service retirement allowance until the later of:

(a) The first day of the month after the member or former member is separated from employment; or

(b) The first day of the month after the member or former member submits a properly completed retirement application.

(4) Except as provided in §B(5) of this regulation, a member or former member who retires with a normal service retirement allowance, early service retirement allowance, or special early service retirement allowance may not receive benefits for the period before the member or former member submitted a properly completed retirement application.

(5) Automatic Commencement of Benefits by Required Beginning Date.

(a) A service retirement allowance or vested allowance shall commence no later than the required beginning date.

(b) A former member who fails to submit a retirement application on or before the required beginning date shall be automatically retired, and shall be treated as if the former member has elected the basic allowance, computed without modification under State Personnel and Pensions Article §21-403, Annotated Code of Maryland.

(c) A former member who is automatically retired as of the required beginning date may change the automatic election of the basic allowance only if the former member notifies the Retirement Agency before the first allowance payment normally becomes due.