EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0763*
HOUSE BILL 763
P6 2lr2310
SB 622/20 – B&T CF SB 231
By: Delegates Bridges and Wells
Introduced and read first time: February 3, 2022
Assigned to: Appropriations
A BILL ENTITLED
AN ACT concerning 1
Correctional Officers’ Retirement System – Membership 2
FOR the purpose of altering the membership of the Correctional Officers’ Retirement 3
System to include certain individuals serving in certain positions in the Department 4
of Juvenile Services; providing for the calculation of a certain benefit from the 5
Correctional Officers’ Retirement System for individuals serving in certain positions 6
on or before a certain date; requiring the State Retirement Agency, on or before a 7
certain date, to notify certain individuals affected by this Act of their right to transfer 8
service credit to the Correctional Officers’ Retirement System; requiring a certain 9
transfer and combination of certain service credit for certain individuals; requiring 10
the Board of Trustees for the State Retirement and Pension System to calculate a 11
certain disability benefit for certain individuals and to grant a certain benefit under 12
certain circumstances; and generally relating to membership in the Correctional 13
Officers’ Retirement System. 14
BY repealing and reenacting, with amendments, 15
Article – State Personnel and Pensions 16
Section 25–201(a)(10) and (11) and 25–401 17
Annotated Code of Maryland 18
(2015 Replacement Volume and 2021 Supplement) 19
BY adding to 20
Article – State Personnel and Pensions 21
Section 25–201(a)(12) 22
Annotated Code of Maryland 23
(2015 Replacement Volume and 2021 Supplement) 24
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
That the Laws of Maryland read as follows: 26
Article – State Personnel and Pensions 27 2 HOUSE BILL 763
25–201. 1
(a) Except as provided in subsection (b) of this section, this subtitle applies only 2
to: 3
(10) an individual serving as a Department of Juvenile Services employee 4
in one of the following positions on or after July 1, 2018: 5
(i) a community detention officer or community detention 6
supervisor; 7
(ii) a youth transportation officer, youth transportation officer lead, 8
youth transportation officer supervisor, or youth transportation officer trainee; 9
(iii) a resident advisor, resident advisor lead, resident advisor 10
supervisor, or resident advisor trainee; or 11
(iv) a youth recreation specialist; [and] 12
(11) an individual serving as a Department of Public Safety and 13
Correctional Services employee in one of the following positions on or after July 1, 2018: 14
(i) a parole and probation assistant regional administrator; 15
(ii) a psychology services chief; 16
(iii) a correctional maintenance officer supervisor; 17
(iv) a correctional maintenance officer manager; 18
(v) a correctional maintenance services officer; 19
(vi) a correctional maintenance services supervisor; or 20
(vii) a correctional maintenance services manager; AND 21
(12) AN INDIVIDUAL SERVIN G AS A DEPARTMENT OF JUVENILE 22
SERVICES EMPLOYEE IN ONE OF T HE FOLLOWING POSITIO NS ON OR AFTER JULY 1, 23
2022: 24
(I) A RESIDENTIAL GROUP LIFE MANAGER ; 25
(II) A YOUTH CENTER COOK OR COOK LEAD ; 26
(III) A FOOD SERVICE WORKE R OR SUPERVISOR ; OR 27 HOUSE BILL 763 3
(IV) A MAINTENANCE ASSIST ANT, CHIEF, MECHANIC, MECHANIC 1
SENIOR, OR SUPERVISOR . 2
25–401. 3
(a) A member may retire with a normal service retirement allowance if: 4
(1) on or before the date of retirement, the member: 5
(i) has at least 20 years of eligibility service; 6
(ii) 1. is a correctional case management specialist, supervisor, 7
or manager on or before June 30, 2016; 8
2. is vested in the Correctional Officers’ Retirement System; 9
and 10
3. has a combined total of at least 20 years of eligibility 11
service from: 12
A. the Correctional Officers’ Retirement System and the 13
Employees’ Retirement System; or 14
B. the Correctional Officers’ Retirement System and the 15
Employees’ Pension System; 16
(iii) 1. is serving in a position specified in: 17
A. § 25–201(a)(8) or (9) of this title on or before June 30, 2017; 18
[or] 19
B. § 25–201(a)(10) or (11) of this title on or before June 30, 20
2018; OR 21
C. § 25–201(A)(12) OF THIS TITLE ON OR BEFORE JUNE 22
30, 2022; 23
2. is vested in the Correctional Officers’ Retirement System; 24
and 25
3. has a combined total of at least 20 years of eligibility 26
service from: 27
A. the Correctional Officers’ Retirement System and the 28
Employees’ Retirement System; or 29 4 HOUSE BILL 763
B. the Correctional Officers’ Retirement System and the 1
Employees’ Pension System; or 2
(iv) is at least 55 years old and has: 3
1. at least 5 years of eligibility service credit, if the member 4
is a member on or before June 30, 2011; or 5
2. at least 10 years of eligibility service credit, if the member 6
becomes a member on or after July 1, 2011; and 7
(2) the member completes and submits a written application to the Board 8
of Trustees stating the date when the member desires to retire. 9
(b) (1) Except as provided in paragraph (2) of this subsection, on retirement 10
under this section, a member is entitled to receive a normal service retirement allowance 11
that equals one fifty–fifth of the member’s average final compensation multiplied by the 12
number of years of creditable service. 13
(2) On retirement under this section, if a member’s annuity is greater than 14
the member’s normal service retirement allowance calculated under paragraph (1) of this 15
subsection, the member’s normal service retirement allowance shall equal the member’s 16
annuity. 17
(c) (1) This subsection applies only to: 18
(i) a correctional case management specialist, supervisor, or 19
manager who has a combined total of 20 years of eligibility service as provided in subsection 20
(a)(1)(ii) of this section; or 21
(ii) a member serving in a position specified in § 25–201(a)(8), (9), 22
(10), [or] (11), OR (12) of this title who has a combined total of 20 years of eligibility service 23
as provided in subsection (a)(1)(iii) of this section. 24
(2) A member is entitled to receive a normal service retirement allowance 25
that equals an allowance based on the creditable service the member has in the 26
Correctional Officers’ Retirement System. 27
SECTION 2. AND BE IT FURTHER ENACTED, That on or before January 1, 2023, 28
the State Retirement Agency shall notify the individuals who are affected by this Act of 29
their right to transfer service credit from the Employees’ Retirement System or the 30
Employees’ Pension System to the Correctional Officers’ Retirement System. 31
SECTION 3. AND BE IT FURTHER ENACTED, That § 37 –203(f)(3) of the State 32
Personnel and Pensions Article does not apply to an individual who transfers service credit 33
to the Correctional Officers’ Retirement System under Title 37 of the State Personnel and 34 HOUSE BILL 763 5
Pensions Article in accordance with this Act. 1
SECTION 4. AND BE IT FURTHER ENACTED, That: 2
(a) This section applies to an individual who: 3
(1) is employed in a position affected by this Act on July 1, 2022; and 4
(2) has no creditable service in the Employees’ Pension System before July 5
1, 2008. 6
(b) An individual described under subsection (a) of this section shall have the 7
individual’s service credit from the Employees’ Pension System transferred and combined 8
with the individual’s service in the Correctional Officers’ Retirement System. 9
(c) If an individual described under subsection (a) of this section is granted an 10
ordinary disability benefit under Title 29, Subtitle 1 of the State Personnel and Pensions 11
Article, the Board of Trustees for the State Retirement and Pension System shall calculate 12
the ordinary disability benefit under §§ 29–106 and 29–108 of the State Personnel and 13
Pensions Article and grant the greater benefit to the individual. 14
SECTION 5. AND BE IT FURTHER ENACTED, That this Act shall take effect July 15
1, 2022. 16