EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1445*
HOUSE BILL 1445
P6 2lr3196
CF SB 958
By: Delegate Otto
Introduced and read first time: February 22, 2022
Assigned to: Rules and Executive Nominations
A BILL ENTITLED
AN ACT concerning 1
Law Enforcement Officers’ Pension System – Crisfield Police Department 2
FOR the purpose of requiring membership in the Law Enforcement Officers’ Pension 3
System for certain local law enforcement officers of the Crisfield Police Department 4
under certain circumstances; providing that a certain individual is entitled to 5
eligibility service and creditable service that was earned before the effective date of 6
the Crisfield Police Department’s participation in the Law Enforcement Officers’ 7
Pension System; providing that an individual who receives certain service credit is 8
not a member of and has no rights to a benefit in the Employees’ Pension System; 9
providing for the transfer of creditable service for a certain individual; providing for 10
the transfer and crediting of certain assets on the effective date of participation; and 11
generally relating to the Crisfield Police Department’s participation in the Law 12
Enforcement Officers’ Pension System. 13
BY repealing and reenacting, without amendments, 14
Article – State Personnel and Pensions 15
Section 31–2A–05(c) 16
Annotated Code of Maryland 17
(2015 Replacement Volume and 2021 Supplement) 18
BY adding to 19
Article – State Personnel and Pensions 20
Section 31–2A–06 21
Annotated Code of Maryland 22
(2015 Replacement Volume and 2021 Supplement) 23
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
That the Laws of Maryland read as follows: 25
Article – State Personnel and Pensions 26
2 HOUSE BILL 1445
31–2A–05. 1
(c) (1) On the effective date: 2
(i) the assets to the credit of the local plan or State system that 3
relate to the law enforcement officers, firefighters, or paramedics who elect to become 4
members shall be transferred to the Law Enforcement Officers’ Pension System; and 5
(ii) the trustee or other administrative head of the local plan or State 6
system shall certify the proportion of the funds of the local plan or State system that 7
represents the accumulated contributions of the members as of that date. 8
(2) The accumulated contributions shall be credited to the respective 9
annuity savings accounts of the members in the Law Enforcement Officers’ Pension 10
System. 11
(3) The balance of the funds transferred to the Law Enforcement Officers’ 12
Pension System shall be offset against the special accrued liability to be funded by the 13
participating governmental unit as provided by § 21–306.1(d) of this article. 14
31–2A–06. 15
(A) THIS SECTION APPLIES TO AN INDIVIDUAL WHO IS A LOCAL LAW 16
ENFORCEMENT OFFICER OF THE CRISFIELD POLICE DEPARTMENT BEFORE THE 17
EFFECTIVE DATE , AND WHO REMAINS A LOCAL L AW ENFORCEMENT OFFIC ER OF THE 18
CRISFIELD POLICE DEPARTMENT THROUGH TH E EFFECTIVE DATE . 19
(B) NOTWITHSTANDING ANY O THER PROVISION OF LA W, IF THE CRISFIELD 20
POLICE DEPARTMENT BECOMES A PARTICIPATING GOVERN MENTAL UNIT IN THE 21
LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM, MEMBERSHIP IN THE LAW 22
ENFORCEMENT OFFICERS’ PENSION SYSTEM IS MANDATORY F OR AN INDIVIDUAL 23
DESCRIBED UNDER SUBS ECTION (A) OF THIS SECTION. 24
(C) IF THE CRISFIELD POLICE DEPARTMENT COMMENCES PARTICIPATION 25
IN THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM IN ACCORDANCE WITH 26
SUBSECTION (B) OF THIS SECTION, AN INDIVIDUAL DESCRI BED UNDER SUBSECTION 27
(A) OF THIS SECTION IS E NTITLED TO ELIGIBILI TY SERVICE AND CREDI TABLE 28
SERVICE IN THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM FOR 29
EMPLOYMENT WI TH THE CRISFIELD POLICE DEPARTMENT BEFORE THE EFFECTIVE 30
DATE. 31
(D) ON JOINING THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM 32
AND RECEIVING SERVIC E CREDIT AS PROVIDED UNDER SUBSECTION (C) OF THIS 33
SECTION, AN INDIVIDUAL DESCRI BED UNDER SUBSECTION (A) OF THIS SECTION 34
SHALL: 35 HOUSE BILL 1445 3
(1) NO LONGER BE A MEMBE R OF THE EMPLOYEES’ PENSION 1
SYSTEM; AND 2
(2) HAVE NO FURTHER RIGH TS TO ANY BENEFIT IN THE EMPLOYEES’ 3
PENSION SYSTEM. 4
(E) THE TRANSFER OF CREDI TABLE SERVICE FOR AN INDIVIDUAL 5
DESCRIBED IN SUBSECT ION (A) OF THIS SECTION WHO IS A MEM BER OF THE 6
EMPLOYEES’ PENSION SYSTEM THROUGH THE EF FECTIVE DATE , AND WHO 7
TRANSFERS TO THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM UNDER THIS 8
SECTION, IS NOT GOVERNED BY TITLE 37 OF THIS ARTICLE. 9
(F) IF THE CRISFIELD POLICE DEPARTMENT BECOMES A PARTICIPAT ING 10
GOVERNMENTAL UNIT IN THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM, § 11
31–2A–05(C) OF THIS SUBTITLE SHA LL GOVERN THE TRANSF ER AND CREDITING OF 12
ASSETS ON THE EFFECT IVE DATE. 13
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 14
1, 2022. 15