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Board of Trustees of Maryland State Retirement & Pension Systems v. Harry R. Hughes - No. 138, 1994 Term PENSIONS -- Former Governor was not entitled to receive both his state pension and a state salary while he served as Governor.

IN THE COURT OF APPEALS OF MARYLAND No. 138 September Term, 1994 ___________________________________

BOARD OF TRUSTEES OF THE MARYLAND STATE RETIREMENT & PENSION SYSTEMS v. HARRY R. HUGHES

___________________________________

Murphy, C.J. Eldridge Chasanow Karwacki Bell Raker Fischer, Robert F. (specially assigned) JJ. ___________________________________ Opinion by Chasanow, J. Bell and Fischer, JJ., dissent ___________________________________

Filed:

September 19, 1995

We are called upon in this case to determine whether former Governor Harry Hughes was entitled to receive both his State pension and a State salary while he served as Governor of the State of Maryland. For the reasons discussed below, we hold that former

Governor Hughes was not entitled to receive both his State pension and a State salary during his tenure as Governor.

I. This appeal arises out of a decision by the Board of Trustees of the Maryland State Retirement and Pension Systems (the Board) holding that the Maryland State Retirement Agency (the Agency) properly suspended former Governor Harry Hughes's (Hughes)

retirement benefits during his tenure as Governor.

Prior to his

election as Governor, Hughes had twenty-two years of State service both as a member of the General Assembly and later as the Secretary of the State Department of Transportation. By virtue of his State

service, Hughes earned retirement benefits under the Employees' Retirement System of the State of Maryland (the ERS). Hughes was

eligible under Maryland Code (1957, 1988 Repl. Vol.), Article 73B,

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Maryland Law