Md. Code, State Personnel and Pensions § 26-401
This is the official text of Md. Code, State Personnel and Pensions § 26-401, part of Maryland’s Code, State Personnel and Pensions — governs state employees and public pensions.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
§26–401.
Official statutory text
(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.
(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.
Status: in_force · Read it on the official government site
Need a lawyer in Maryland?
Find a Maryland lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.