Maryland 2022 Regular Session

Maryland House Bill HB742 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *hb0742*
96
107 HOUSE BILL 742
118 P6 2lr1815
129 CF SB 409
1310 By: Delegate Lierman (Chair, Joint Committee on Pensions)
1411 Introduced and read first time: February 3, 2022
1512 Assigned to: Appropriations
16-Committee Report: Favorable with amendments
17-House action: Adopted
18-Read second time: February 25, 2022
1913
20-CHAPTER ______
14+A BILL ENTITLED
2115
2216 AN ACT concerning 1
2317
2418 State Retirement and Pension System – COVID–19–Related Death Benefits – 2
2519 Sunset Extension 3
2620
2721 FOR the purpose of extending the termination dates of certain provisions clarifying the 4
2822 eligibility of certain members of the State Retirement and Pension System for certain 5
2923 death benefits; and generally relating to clarifying eligibility for certain death 6
3024 benefits. 7
3125
3226 BY repealing and reenacting, with amendments, 8
3327 Chapter 421 of the Acts of the General Assembly of 2021 9
34-Section 2(b), (c), and (h)(2) and (3) and 4 10
28+Section 4 10
3529
3630 BY repealing and reenacting, with amendments, 11
3731 Chapter 422 of the Acts of the General Assembly of 2021 12
38- Section 2(b), (c), and (h)(2) and (3) and 4 13
32+ Section 4 13
3933
4034 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
4135 That the Laws of Maryland read as follows: 15
4236
4337 Chapter 421 of the Acts of 2021 16
4438
45- SECTION 2. AND BE IT FURTHER ENACTED, That: 17
39+ SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect June 17
40+1, 2021. It shall remain effective for a period of [1 year] 2 YEARS and 1 month and, at the 18
41+end of June 30, [2022] 2023, this Act, with no further action required by the General 19
42+Assembly, shall be abrogated and of no further force and effect. 20
4643
47- (b) This section applies to an individual: 18
48- 2 HOUSE BILL 742
44+Chapter 422 of the Acts of 2021 21
45+
46+ SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect June 22
47+1, 2021. It shall remain effective for a period of [1 year] 2 YEARS and 1 month and, at the 23 2 HOUSE BILL 742
4948
5049
51- (1) who was a member; 1
50+end of June 30, [2022] 2023, this Act, with no further action required by the General 1
51+Assembly, shall be abrogated and of no further force and effect. 2
5252
53- (2) who died while employed as a member on or after March 5, 2020, but 2
54-before July 1, [2022] 2023; and 3
55-
56- (3) whose death was caused by COVID–19 or whose death was contributed 4
57-to by COVID–19. 5
58-
59- (c) When determining eligibility for a special death benefit under this section, the 6
60-Board shall accept as proof, subject to a rebuttable presumption, that the death of a member 7
61-arose out of or in the course of the actual performance of duty if: 8
62-
63- (1) the member reported to the member’s usual work location or to an 9
64-alternative work location provided by the member’s employer that is not the member’s 10
65-home; 11
66-
67- (2) the member contracted COVID–19 within 14 days after reporting to 12
68-work, as documented in accordance with subsection (d)(1) of this section; 13
69-
70- (3) the member died on or after March 5, 2020, but before July 1, [2022] 14
71-2023; and 15
72-
73- (4) COVID–19 was the cause of death or contributed to the cause of death 16
74-of the member, as documented in accordance with subsection (d)(2) of this section. 17
75-
76- (h) (2) The State Retirement Agency shall report to the Joint Committee on 18
77-Pensions, in accordance with § 2–1257 of the State Government Article, on the number of 19
78-special death benefits that have been provided for deaths caused by or contributed to by 20
79-COVID–19: 21
80-
81- (i) on or before September 15, 2021, for any benefits awarded on or 22
82-after June 1, 2021, but before September 1, 2021; 23
83-
84- (ii) on or before December 15, 2021, for any benefits awarded on or 24
85-after September 1, 2021, but before December 1, 2021; 25
86-
87- (iii) on or before March 15, 2022, for any benefits awarded on or after 26
88-December 1, 2021, but before March 1, 2022; [and] 27
89-
90- (iv) on or before June 15, 2022, for any benefits awarded on or after 28
91-March 1, 2022, but before June 1, 2022; AND 29
92-
93- (V) ON OR BEFORE DECEMBER 1, 2022, FOR ANY BENEFITS 30
94-AWARDED ON OR AFTER JUNE 1, 2022, BUT BEFORE DECEMBER 1, 2022. 31
95- HOUSE BILL 742 3
96-
97-
98- (3) On or before December 1, 2021, AND DECEMBER 1, 2022, in 1
99-accordance with § 2–1257 of the State Government Article, the State Retirement Agency 2
100-shall report to the Joint Committee on Pensions on: 3
101-
102- (i) the number of applications for special death benefits for deaths 4
103-caused by or contributed to by COVID–19 that have been denied; and 5
104-
105- (ii) an aggregate summary of the reasons for which any applications 6
106-reported under item (i) of this paragraph were denied. 7
107-
108- SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect June 8
109-1, 2021. It shall remain effective for a period of [1 year] 2 YEARS and 1 month and, at the 9
110-end of June 30, [2022] 2023, this Act, with no further action required by the General 10
111-Assembly, shall be abrogated and of no further force and effect. 11
112-
113-Chapter 422 of the Acts of 2021 12
114-
115- SECTION 2. AND BE IT FURTHER ENACTED, That: 13
116-
117- (b) This section applies to an individual: 14
118-
119- (1) who was a member; 15
120-
121- (2) who died while employed as a member on or after March 5, 2020, but 16
122-before July 1, [2022] 2023; and 17
123-
124- (3) whose death was caused by COVID–19 or whose death was contributed 18
125-to by COVID–19. 19
126-
127- (c) When determining eligibility for a special death benefit under this section, the 20
128-Board shall accept as proof, subject to a rebuttable presumption, that the death of a member 21
129-arose out of or in the course of the actual performance of duty if: 22
130-
131- (1) the member reported to the member’s usual work location or to an 23
132-alternative work location provided by the member’s employer that is not the member’s 24
133-home; 25
134-
135- (2) the member contracted COVID–19 within 14 days after reporting to 26
136-work, as documented in accordance with subsection (d)(1) of this section; 27
137-
138- (3) the member died on or after March 5, 2020, but before July 1, [2022] 28
139-2023; and 29
140-
141- (4) COVID–19 was the cause of death or contributed to the cause of death 30
142-of the member, as documented in accordance with subsection (d)(2) of this section. 31
143- 4 HOUSE BILL 742
144-
145-
146- (h) (2) The State Retirement Agency shall report to the Joint Committee on 1
147-Pensions, in accordance with § 2–1257 of the State Government Article, on the number of 2
148-special death benefits that have been provided for deaths caused by or contributed to by 3
149-COVID–19: 4
150-
151- (i) on or before September 15, 2021, for any benefits awarded on or 5
152-after June 1, 2021, but before September 1, 2021; 6
153-
154- (ii) on or before December 15, 2021, for any benefits awarded on or 7
155-after September 1, 2021, but before December 1, 2021; 8
156-
157- (iii) on or before March 15, 2022, for any benefits awarded on or after 9
158-December 1, 2021, but before March 1, 2022; [and] 10
159-
160- (iv) on or before June 15, 2022, for any benefits awarded on or after 11
161-March 1, 2022, but before June 1, 2022; AND 12
162-
163- (V) ON OR BEFORE DECEMBER 1, 2022, FOR ANY BENEFITS 13
164-AWARDED ON OR AFTER JUNE 1, 2022, BUT BEFORE DECEMBER 1, 2022. 14
165-
166- (3) On or before December 1, 2021, AND DECEMBER 1, 2022, in 15
167-accordance with § 2–1257 of the State Government Article, the State Retirement Agency 16
168-shall report to the Joint Committee on Pensions on: 17
169-
170- (i) the number of applications for special death benefits for deaths 18
171-caused by or contributed to by COVID–19 that have been denied; and 19
172-
173- (ii) an aggregate summary of the reasons for which any applications 20
174-reported under item (i) of this paragraph were denied. 21
175-
176- SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect June 22
177-1, 2021. It shall remain effective for a period of [1 year] 2 YEARS and 1 month and, at the 23
178-end of June 30, [2022] 2023, this Act, with no further action required by the General 24
179-Assembly, shall be abrogated and of no further force and effect. 25
180-
181- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 26
182-1, 2022. 27
183-
53+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 3
54+1, 2022. 4