EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *hb0742* HOUSE BILL 742 P6 2lr1815 CF SB 409 By: Delegate Lierman (Chair, Joint Committee on Pensions) Introduced and read first time: February 3, 2022 Assigned to: Appropriations Committee Report: Favorable with amendments House action: Adopted Read second time: February 25, 2022 CHAPTER ______ AN ACT concerning 1 State Retirement and Pension System – COVID–19–Related Death Benefits – 2 Sunset Extension 3 FOR the purpose of extending the termination dates of certain provisions clarifying the 4 eligibility of certain members of the State Retirement and Pension System for certain 5 death benefits; and generally relating to clarifying eligibility for certain death 6 benefits. 7 BY repealing and reenacting, with amendments, 8 Chapter 421 of the Acts of the General Assembly of 2021 9 Section 2(b), (c), and (h)(2) and (3) and 4 10 BY repealing and reenacting, with amendments, 11 Chapter 422 of the Acts of the General Assembly of 2021 12 Section 2(b), (c), and (h)(2) and (3) and 4 13 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14 That the Laws of Maryland read as follows: 15 Chapter 421 of the Acts of 2021 16 SECTION 2. AND BE IT FURTHER ENACTED, That: 17 (b) This section applies to an individual: 18 2 HOUSE BILL 742 (1) who was a member; 1 (2) who died while employed as a member on or after March 5, 2020, but 2 before July 1, [2022] 2023; and 3 (3) whose death was caused by COVID–19 or whose death was contributed 4 to by COVID–19. 5 (c) When determining eligibility for a special death benefit under this section, the 6 Board shall accept as proof, subject to a rebuttable presumption, that the death of a member 7 arose out of or in the course of the actual performance of duty if: 8 (1) the member reported to the member’s usual work location or to an 9 alternative work location provided by the member’s employer that is not the member’s 10 home; 11 (2) the member contracted COVID–19 within 14 days after reporting to 12 work, as documented in accordance with subsection (d)(1) of this section; 13 (3) the member died on or after March 5, 2020, but before July 1, [2022] 14 2023; and 15 (4) COVID–19 was the cause of death or contributed to the cause of death 16 of the member, as documented in accordance with subsection (d)(2) of this section. 17 (h) (2) The State Retirement Agency shall report to the Joint Committee on 18 Pensions, in accordance with § 2–1257 of the State Government Article, on the number of 19 special death benefits that have been provided for deaths caused by or contributed to by 20 COVID–19: 21 (i) on or before September 15, 2021, for any benefits awarded on or 22 after June 1, 2021, but before September 1, 2021; 23 (ii) on or before December 15, 2021, for any benefits awarded on or 24 after September 1, 2021, but before December 1, 2021; 25 (iii) on or before March 15, 2022, for any benefits awarded on or after 26 December 1, 2021, but before March 1, 2022; [and] 27 (iv) on or before June 15, 2022, for any benefits awarded on or after 28 March 1, 2022, but before June 1, 2022; AND 29 (V) ON OR BEFORE DECEMBER 1, 2022, FOR ANY BENEFITS 30 AWARDED ON OR AFTER JUNE 1, 2022, BUT BEFORE DECEMBER 1, 2022. 31 HOUSE BILL 742 3 (3) On or before December 1, 2021, AND DECEMBER 1, 2022, in 1 accordance with § 2–1257 of the State Government Article, the State Retirement Agency 2 shall report to the Joint Committee on Pensions on: 3 (i) the number of applications for special death benefits for deaths 4 caused by or contributed to by COVID–19 that have been denied; and 5 (ii) an aggregate summary of the reasons for which any applications 6 reported under item (i) of this paragraph were denied. 7 SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect June 8 1, 2021. It shall remain effective for a period of [1 year] 2 YEARS and 1 month and, at the 9 end of June 30, [2022] 2023, this Act, with no further action required by the General 10 Assembly, shall be abrogated and of no further force and effect. 11 Chapter 422 of the Acts of 2021 12 SECTION 2. AND BE IT FURTHER ENACTED, That: 13 (b) This section applies to an individual: 14 (1) who was a member; 15 (2) who died while employed as a member on or after March 5, 2020, but 16 before July 1, [2022] 2023; and 17 (3) whose death was caused by COVID–19 or whose death was contributed 18 to by COVID–19. 19 (c) When determining eligibility for a special death benefit under this section, the 20 Board shall accept as proof, subject to a rebuttable presumption, that the death of a member 21 arose out of or in the course of the actual performance of duty if: 22 (1) the member reported to the member’s usual work location or to an 23 alternative work location provided by the member’s employer that is not the member’s 24 home; 25 (2) the member contracted COVID–19 within 14 days after reporting to 26 work, as documented in accordance with subsection (d)(1) of this section; 27 (3) the member died on or after March 5, 2020, but before July 1, [2022] 28 2023; and 29 (4) COVID–19 was the cause of death or contributed to the cause of death 30 of the member, as documented in accordance with subsection (d)(2) of this section. 31 4 HOUSE BILL 742 (h) (2) The State Retirement Agency shall report to the Joint Committee on 1 Pensions, in accordance with § 2–1257 of the State Government Article, on the number of 2 special death benefits that have been provided for deaths caused by or contributed to by 3 COVID–19: 4 (i) on or before September 15, 2021, for any benefits awarded on or 5 after June 1, 2021, but before September 1, 2021; 6 (ii) on or before December 15, 2021, for any benefits awarded on or 7 after September 1, 2021, but before December 1, 2021; 8 (iii) on or before March 15, 2022, for any benefits awarded on or after 9 December 1, 2021, but before March 1, 2022; [and] 10 (iv) on or before June 15, 2022, for any benefits awarded on or after 11 March 1, 2022, but before June 1, 2022; AND 12 (V) ON OR BEFORE DECEMBER 1, 2022, FOR ANY BENEFITS 13 AWARDED ON OR AFTER JUNE 1, 2022, BUT BEFORE DECEMBER 1, 2022. 14 (3) On or before December 1, 2021, AND DECEMBER 1, 2022, in 15 accordance with § 2–1257 of the State Government Article, the State Retirement Agency 16 shall report to the Joint Committee on Pensions on: 17 (i) the number of applications for special death benefits for deaths 18 caused by or contributed to by COVID–19 that have been denied; and 19 (ii) an aggregate summary of the reasons for which any applications 20 reported under item (i) of this paragraph were denied. 21 SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect June 22 1, 2021. It shall remain effective for a period of [1 year] 2 YEARS and 1 month and, at the 23 end of June 30, [2022] 2023, this Act, with no further action required by the General 24 Assembly, shall be abrogated and of no further force and effect. 25 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 26 1, 2022. 27