Maryland § 26-401

Full text of Maryland Maryland Code § 26-401, with citation guidance and answers to common questions.

§ 26-401.

    (a)    (1)    Subject to paragraph (2) of this subsection, a member may retire with a normal service retirement allowance if:

            (i)    on or before the date of retirement, the member:

                1.    has at least 25 years of eligibility service; or

                2.    is at least 50 years old; and

            (ii)    the member completes and submits a written application to the Board of Trustees on the form that the Board of Trustees provides stating the date when the member desires to retire.

        (2)    A member may not retire before the first day of the month after employment ends.

    (b)    (1)    Except as provided in paragraphs (2), (3), and (4) of this subsection, on retirement under this section, a member is entitled to receive a normal service retirement allowance that equals the number of years of the member’s creditable service multiplied by 2% of the member’s average final compensation.

        (2)    A member’s normal service retirement allowance under paragraph (1) of this subsection may not exceed 65% of the member’s average final compensation.

        (3)    (i)    This paragraph applies only to a member who is not subject to the Law Enforcement Officers’ Modified Pension Benefit under Subtitle 2, Part II of this title.

            (ii)    Except as provided in paragraph (4) of this subsection, on retirement under this paragraph, the member is entitled to receive a normal service retirement allowance that equals:

                1.    2.3% of the member’s average final compensation multiplied by each year of the member’s first 30 years of creditable service; and

                2.    1% of the member’s average final compensation multiplied by each year of creditable service in excess of 30 years.

        (4)    Subject to paragraph (2) of this subsection, on retirement under this section, if a member’s annuity is greater than the member’s normal service retirement allowance calculated under paragraph (1) or (3) of this subsection, the member’s normal service retirement allowance shall equal the member’s annuity.

Frequently Asked Questions About Maryland § 26-401

What does Maryland Code § 26-401 cover?

Section 26-401 is part of the Maryland Code, the codified statutory law of Maryland. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Maryland § 26-401?

A common citation format is "Maryland Code § 26-401" (Maryland). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Maryland law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maryland official source linked on this page or consult a licensed Maryland attorney.

How does Maryland § 26-401 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maryland can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Maryland.