Maryland § 28-401
Full text of Maryland Maryland Code § 28-401, with citation guidance and answers to common questions.
§ 28-401.
(a) (1) Subject to paragraphs (2) and (3) of this subsection, a member may retire with a normal service retirement allowance if, on or before the date of retirement, the member:
(i) has at least 25 years of eligibility service;
(ii) is at least 62 years old; or
(iii) is at least 60 years old and has transferred to the Local Fire and Police System from the Employees’ Retirement System.
(2) To retire under this subsection, a member shall complete and submit 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.
(3) A member may not retire before the first day of the month after employment ends.
(b) Except as provided in subsections (c) and (d) of this section, 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:
(1) 1% of the member’s average final compensation that is not in excess of the Social Security integration level; and
(2) 1.5% of the member’s average final compensation that exceeds the Social Security integration level.
(c) (1) This subsection applies to a member:
(i) who has not transferred from the Employees’ Retirement System; and
(ii) whose employer does not contribute to Social Security.
(2) 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 1.5% of the member’s average final compensation.
(d) (1) This subsection applies to a member who has transferred from the Employees’ Retirement System.
(2) On retirement under this section, a member is entitled to receive a normal service retirement allowance that equals:
(i) 2% of the member’s average final compensation multiplied by each year of the member’s first 30 years of creditable service; and
(ii) 1% of the member’s average final compensation multiplied by each year of creditable service in excess of 30 years.
Frequently Asked Questions About Maryland § 28-401
What does Maryland Code § 28-401 cover?
Section 28-401 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 § 28-401?
A common citation format is "Maryland Code § 28-401" (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 § 28-401 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.