1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. |
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4 | 4 | | [Brackets] indicate matter deleted from existing law. |
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5 | 5 | | *hb1445* |
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6 | 6 | | |
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7 | 7 | | HOUSE BILL 1445 |
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8 | 8 | | P6 2lr3196 |
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9 | 9 | | CF SB 958 |
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10 | 10 | | By: Delegate Otto |
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11 | 11 | | Introduced and read first time: February 22, 2022 |
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12 | 12 | | Assigned to: Rules and Executive Nominations |
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13 | 13 | | |
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14 | 14 | | A BILL ENTITLED |
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15 | 15 | | |
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16 | 16 | | AN ACT concerning 1 |
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17 | 17 | | |
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18 | 18 | | Law Enforcement Officers’ Pension System – Crisfield Police Department 2 |
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19 | 19 | | |
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20 | 20 | | FOR the purpose of requiring membership in the Law Enforcement Officers’ Pension 3 |
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21 | 21 | | System for certain local law enforcement officers of the Crisfield Police Department 4 |
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22 | 22 | | under certain circumstances; providing that a certain individual is entitled to 5 |
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23 | 23 | | eligibility service and creditable service that was earned before the effective date of 6 |
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24 | 24 | | the Crisfield Police Department’s participation in the Law Enforcement Officers’ 7 |
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25 | 25 | | Pension System; providing that an individual who receives certain service credit is 8 |
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26 | 26 | | not a member of and has no rights to a benefit in the Employees’ Pension System; 9 |
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27 | 27 | | providing for the transfer of creditable service for a certain individual; providing for 10 |
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28 | 28 | | the transfer and crediting of certain assets on the effective date of participation; and 11 |
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29 | 29 | | generally relating to the Crisfield Police Department’s participation in the Law 12 |
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30 | 30 | | Enforcement Officers’ Pension System. 13 |
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31 | 31 | | |
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32 | 32 | | BY repealing and reenacting, without amendments, 14 |
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33 | 33 | | Article – State Personnel and Pensions 15 |
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34 | 34 | | Section 31–2A–05(c) 16 |
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35 | 35 | | Annotated Code of Maryland 17 |
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36 | 36 | | (2015 Replacement Volume and 2021 Supplement) 18 |
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37 | 37 | | |
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38 | 38 | | BY adding to 19 |
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39 | 39 | | Article – State Personnel and Pensions 20 |
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40 | 40 | | Section 31–2A–06 21 |
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41 | 41 | | Annotated Code of Maryland 22 |
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42 | 42 | | (2015 Replacement Volume and 2021 Supplement) 23 |
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43 | 43 | | |
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44 | 44 | | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24 |
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45 | 45 | | That the Laws of Maryland read as follows: 25 |
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46 | 46 | | |
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47 | 47 | | Article – State Personnel and Pensions 26 |
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48 | 48 | | 2 HOUSE BILL 1445 |
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49 | 49 | | |
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50 | 50 | | |
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51 | 51 | | 31–2A–05. 1 |
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52 | 52 | | |
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53 | 53 | | (c) (1) On the effective date: 2 |
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54 | 54 | | |
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55 | 55 | | (i) the assets to the credit of the local plan or State system that 3 |
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56 | 56 | | relate to the law enforcement officers, firefighters, or paramedics who elect to become 4 |
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57 | 57 | | members shall be transferred to the Law Enforcement Officers’ Pension System; and 5 |
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58 | 58 | | |
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59 | 59 | | (ii) the trustee or other administrative head of the local plan or State 6 |
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60 | 60 | | system shall certify the proportion of the funds of the local plan or State system that 7 |
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61 | 61 | | represents the accumulated contributions of the members as of that date. 8 |
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62 | 62 | | |
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63 | 63 | | (2) The accumulated contributions shall be credited to the respective 9 |
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64 | 64 | | annuity savings accounts of the members in the Law Enforcement Officers’ Pension 10 |
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65 | 65 | | System. 11 |
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66 | 66 | | |
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67 | 67 | | (3) The balance of the funds transferred to the Law Enforcement Officers’ 12 |
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68 | 68 | | Pension System shall be offset against the special accrued liability to be funded by the 13 |
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69 | 69 | | participating governmental unit as provided by § 21–306.1(d) of this article. 14 |
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70 | 70 | | |
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71 | 71 | | 31–2A–06. 15 |
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72 | 72 | | |
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73 | 73 | | (A) THIS SECTION APPLIES TO AN INDIVIDUAL WHO IS A LOCAL LAW 16 |
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74 | 74 | | ENFORCEMENT OFFICER OF THE CRISFIELD POLICE DEPARTMENT BEFORE THE 17 |
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75 | 75 | | EFFECTIVE DATE , AND WHO REMAINS A LOCAL L AW ENFORCEMENT OFFIC ER OF THE 18 |
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76 | 76 | | CRISFIELD POLICE DEPARTMENT THROUGH TH E EFFECTIVE DATE . 19 |
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77 | 77 | | |
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78 | 78 | | (B) NOTWITHSTANDING ANY O THER PROVISION OF LA W, IF THE CRISFIELD 20 |
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79 | 79 | | POLICE DEPARTMENT BECOMES A PARTICIPATING GOVERN MENTAL UNIT IN THE 21 |
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80 | 80 | | LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM, MEMBERSHIP IN THE LAW 22 |
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81 | 81 | | ENFORCEMENT OFFICERS’ PENSION SYSTEM IS MANDATORY F OR AN INDIVIDUAL 23 |
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82 | 82 | | DESCRIBED UNDER SUBS ECTION (A) OF THIS SECTION. 24 |
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83 | 83 | | |
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84 | 84 | | (C) IF THE CRISFIELD POLICE DEPARTMENT COMMENCES PARTICIPATION 25 |
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85 | 85 | | IN THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM IN ACCORDANCE WITH 26 |
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86 | 86 | | SUBSECTION (B) OF THIS SECTION, AN INDIVIDUAL DESCRI BED UNDER SUBSECTION 27 |
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87 | 87 | | (A) OF THIS SECTION IS E NTITLED TO ELIGIBILI TY SERVICE AND CREDI TABLE 28 |
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88 | 88 | | SERVICE IN THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM FOR 29 |
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89 | 89 | | EMPLOYMENT WI TH THE CRISFIELD POLICE DEPARTMENT BEFORE THE EFFECTIVE 30 |
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90 | 90 | | DATE. 31 |
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91 | 91 | | |
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92 | 92 | | (D) ON JOINING THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM 32 |
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93 | 93 | | AND RECEIVING SERVIC E CREDIT AS PROVIDED UNDER SUBSECTION (C) OF THIS 33 |
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94 | 94 | | SECTION, AN INDIVIDUAL DESCRI BED UNDER SUBSECTION (A) OF THIS SECTION 34 |
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95 | 95 | | SHALL: 35 HOUSE BILL 1445 3 |
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96 | 96 | | |
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97 | 97 | | |
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98 | 98 | | |
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99 | 99 | | (1) NO LONGER BE A MEMBE R OF THE EMPLOYEES’ PENSION 1 |
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100 | 100 | | SYSTEM; AND 2 |
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101 | 101 | | |
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102 | 102 | | (2) HAVE NO FURTHER RIGH TS TO ANY BENEFIT IN THE EMPLOYEES’ 3 |
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103 | 103 | | PENSION SYSTEM. 4 |
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104 | 104 | | |
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105 | 105 | | (E) THE TRANSFER OF CREDI TABLE SERVICE FOR AN INDIVIDUAL 5 |
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106 | 106 | | DESCRIBED IN SUBSECT ION (A) OF THIS SECTION WHO IS A MEM BER OF THE 6 |
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107 | 107 | | EMPLOYEES’ PENSION SYSTEM THROUGH THE EF FECTIVE DATE , AND WHO 7 |
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108 | 108 | | TRANSFERS TO THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM UNDER THIS 8 |
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109 | 109 | | SECTION, IS NOT GOVERNED BY TITLE 37 OF THIS ARTICLE. 9 |
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110 | 110 | | |
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111 | 111 | | (F) IF THE CRISFIELD POLICE DEPARTMENT BECOMES A PARTICIPAT ING 10 |
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112 | 112 | | GOVERNMENTAL UNIT IN THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM, § 11 |
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113 | 113 | | 31–2A–05(C) OF THIS SUBTITLE SHA LL GOVERN THE TRANSF ER AND CREDITING OF 12 |
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114 | 114 | | ASSETS ON THE EFFECT IVE DATE. 13 |
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115 | 115 | | |
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116 | 116 | | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 14 |
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117 | 117 | | 1, 2022. 15 |
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118 | 118 | | |
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