MD
Maryland House Bill HB763

Maryland 2022 Regular Session

Maryland House Bill HB763 Compare Versions

OldNewDifferences
1- LAWRENCE J. HOGAN, JR., Governor Ch. 147
21
3-– 1 –
4-Chapter 147
5-(House Bill 763)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [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.
8+ *hb0763*
89
9-Correctional Officers’ Retirement System – Membership
10+HOUSE BILL 763
11+P6 2lr2310
12+SB 622/20 – B&T CF SB 231
13+By: Delegates Bridges and Wells
14+Introduced and read first time: February 3, 2022
15+Assigned to: Appropriations
16+Committee Report: Favorable with amendments
17+House action: Adopted
18+Read second time: March 2, 2022
1019
11-FOR the purpose of altering the membership of the Correctional Officers’ Retirement
12-System to include certain individuals serving in certain positions in the Department
13-of Juvenile Services; providing for the calculation of a certain benefit from the
14-Correctional Officers’ Retirement System for individuals serving in certain positions
15-on or before a certain date; requiring the State Retirement Agency, on or before a
16-certain date, to notify certain individuals affected by this Act of their right to transfer
17-service credit to the Correctional Officers’ Retirement System; requiring a certain
18-transfer and combination of certain service credit for certain individuals; requiring
19-the Board of Trustees for the State Retirement and Pension System to calculate a
20-certain disability benefit for certain individuals and to grant a certain benefit under
21-certain circumstances; and generally relating to membership in the Correctional
22-Officers’ Retirement System.
20+CHAPTER ______
2321
24-BY repealing and reenacting, with amendments,
25- Article – State Personnel and Pensions
26-Section 25–201(a)(10) and (11) and 25–401
27- Annotated Code of Maryland
28- (2015 Replacement Volume and 2021 Supplement)
22+AN ACT concerning 1
2923
30-BY adding to
31- Article – State Personnel and Pensions
32-Section 25–201(a)(12)
33- Annotated Code of Maryland
34- (2015 Replacement Volume and 2021 Supplement)
24+Correctional Officers’ Retirement System – Membership 2
3525
36- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
37-That the Laws of Maryland read as follows:
26+FOR the purpose of altering the membership of the Correctional Officers’ Retirement 3
27+System to include certain individuals serving in certain positions in the Department 4
28+of Juvenile Services; providing for the calculation of a certain benefit from the 5
29+Correctional Officers’ Retirement System for individuals serving in certain positions 6
30+on or before a certain date; requiring the State Retirement Agency, on or before a 7
31+certain date, to notify certain individuals affected by this Act of their right to transfer 8
32+service credit to the Correctional Officers’ Retirement System; requiring a certain 9
33+transfer and combination of certain service credit for certain individuals; requiring 10
34+the Board of Trustees for the State Retirement and Pension System to calculate a 11
35+certain disability benefit for certain individuals and to grant a certain benefit under 12
36+certain circumstances; and generally relating to membership in the Correctional 13
37+Officers’ Retirement System. 14
3838
39-Article – State Personnel and Pensions
39+BY repealing and reenacting, with amendments, 15
40+ Article – State Personnel and Pensions 16
41+Section 25–201(a)(10) and (11) and 25–401 17
42+ Annotated Code of Maryland 18
43+ (2015 Replacement Volume and 2021 Supplement) 19
4044
41-25–201.
45+BY adding to 20
46+ Article – State Personnel and Pensions 21
47+Section 25–201(a)(12) 22
48+ Annotated Code of Maryland 23 2 HOUSE BILL 763
4249
43- (a) Except as provided in subsection (b) of this section, this subtitle applies only
44-to:
4550
46- (10) an individual serving as a Department of Juvenile Services employee
47-in one of the following positions on or after July 1, 2018:
48- Ch. 147 2022 LAWS OF MARYLAND
51+ (2015 Replacement Volume and 2021 Supplement) 1
4952
50-– 2 –
51- (i) a community detention officer or community detention
52-supervisor;
53+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
54+That the Laws of Maryland read as follows: 3
5355
54- (ii) a youth transportation officer, youth transportation officer lead,
55-youth transportation officer supervisor, or youth transportation officer trainee;
56+Article – State Personnel and Pensions 4
5657
57- (iii) a resident advisor, resident advisor lead, resident advisor
58-supervisor, or resident advisor trainee; or
58+25–201. 5
5959
60- (iv) a youth recreation specialist; [and]
60+ (a) Except as provided in subsection (b) of this section, this subtitle applies only 6
61+to: 7
6162
62- (11) an individual serving as a Department of Public Safety and
63-Correctional Services employee in one of the following positions on or after July 1, 2018:
63+ (10) an individual serving as a Department of Juvenile Services employee 8
64+in one of the following positions on or after July 1, 2018: 9
6465
65- (i) a parole and probation assistant regional administrator;
66+ (i) a community detention officer or community detention 10
67+supervisor; 11
6668
67- (ii) a psychology services chief;
69+ (ii) a youth transportation officer, youth transportation officer lead, 12
70+youth transportation officer supervisor, or youth transportation officer trainee; 13
6871
69- (iii) a correctional maintenance officer supervisor;
72+ (iii) a resident advisor, resident advisor lead, resident advisor 14
73+supervisor, or resident advisor trainee; or 15
7074
71- (iv) a correctional maintenance officer manager;
75+ (iv) a youth recreation specialist; [and] 16
7276
73- (v) a correctional maintenance services officer;
77+ (11) an individual serving as a Department of Public Safety and 17
78+Correctional Services employee in one of the following positions on or after July 1, 2018: 18
7479
75- (vi) a correctional maintenance services supervisor; or
80+ (i) a parole and probation assistant regional administrator; 19
7681
77- (vii) a correctional maintenance services manager; AND
82+ (ii) a psychology services chief; 20
7883
79- (12) AN INDIVIDUAL SERVIN G AS A DEPARTMENT OF JUVENILE
80-SERVICES EMPLOYEE IN ONE OF THE FOLLOWING POSITIONS ON OR AFTE R JULY 1,
81-2022:
84+ (iii) a correctional maintenance officer supervisor; 21
8285
83- (I) A RESIDENTIAL GROUP LIFE MANAGER ;
86+ (iv) a correctional maintenance officer manager; 22
8487
85- (II) A YOUTH CENTER COOK OR COOK LEAD ;
88+ (v) a correctional maintenance services officer; 23
8689
87- (III) A FOOD SERVICE WORKER OR SUPERVISOR ; OR
90+ (vi) a correctional maintenance services supervisor; or 24
8891
89- (IV) A MAINTENANCE ASSIST ANT, CHIEF, MECHANIC, MECHANIC
90-SENIOR, OR SUPERVISOR .
92+ (vii) a correctional maintenance services manager; AND 25
9193
92- (I) A CASE MANAGEMENT SP ECIALIST I, II, OR III;
94+ (12) AN INDIVIDUAL SERVIN G AS A DEPARTMENT OF JUVENILE 26
95+SERVICES EMPLOYEE IN ONE OF THE FOLLOWING POSITIONS ON OR AFTE R JULY 1, 27
96+2022: 28
97+ HOUSE BILL 763 3
9398
94- (II) A CASE MANAGEMENT SP ECIALIST SUPERVISOR ;
95- LAWRENCE J. HOGAN, JR., Governor Ch. 147
9699
97-– 3 –
98- (III) A CASE MANAGEMENT SP ECIALIST PROGRAM SUPERVISOR;
99-OR
100+ (I) A RESIDENTIAL GROUP LIFE MANAGER ; 1
100101
101- (IV) A GROUP LIFE MANAGER I OR II.
102+ (II) A YOUTH CENTER COOK OR COOK LEAD ; 2
102103
103-25–401.
104+ (III) A FOOD SERVICE WORKE R OR SUPERVISOR ; OR 3
104105
105- (a) A member may retire with a normal service retirement allowance if:
106+ (IV) A MAINTENANCE ASSIST ANT, CHIEF, MECHANIC, MECHANIC 4
107+SENIOR, OR SUPERVISOR . 5
106108
107- (1) on or before the date of retirement, the member:
109+ (I) A CASE MANAGEMENT SP ECIALIST I, II, OR III; 6
108110
109- (i) has at least 20 years of eligibility service;
111+ (II) A CASE MANAGEMENT SP ECIALIST SUPERVISOR ; 7
110112
111- (ii) 1. is a correctional case management specialist, supervisor,
112-or manager on or before June 30, 2016;
113+ (III) A CASE MANAGEMENT SPECIALIS T PROGRAM SUPERVISOR ; 8
114+OR 9
113115
114- 2. is vested in the Correctional Officers’ Retirement System;
115-and
116+ (IV) A GROUP LIFE MANAGER I OR II. 10
116117
117- 3. has a combined total of at least 20 years of eligibility
118-service from:
118+25–401. 11
119119
120- A. the Correctional Officers’ Retirement System and the
121-Employees’ Retirement System; or
120+ (a) A member may retire with a normal service retirement allowance if: 12
122121
123- B. the Correctional Officers’ Retirement System and the
124-Employees’ Pension System;
122+ (1) on or before the date of retirement, the member: 13
125123
126- (iii) 1. is serving in a position specified in:
124+ (i) has at least 20 years of eligibility service; 14
127125
128- A. § 25–201(a)(8) or (9) of this title on or before June 30, 2017;
129-[or]
126+ (ii) 1. is a correctional case management specialist, supervisor, 15
127+or manager on or before June 30, 2016; 16
130128
131- B. § 25–201(a)(10) or (11) of this title on or before June 30,
132-2018; OR
129+ 2. is vested in the Correctional Officers’ Retirement System; 17
130+and 18
133131
134- C. § 25–201(A)(12) OF THIS TITLE ON OR BEFORE JUNE
135-30, 2022;
132+ 3. has a combined total of at least 20 years of eligibility 19
133+service from: 20
136134
137- 2. is vested in the Correctional Officers’ Retirement System;
138-and
135+ A. the Correctional Officers’ Retirement System and the 21
136+Employees’ Retirement System; or 22
139137
140- 3. has a combined total of at least 20 years of eligibility
141-service from:
142- Ch. 147 2022 LAWS OF MARYLAND
138+ B. the Correctional Officers’ Retirement System and the 23
139+Employees’ Pension System; 24
143140
144-– 4 –
145- A. the Correctional Officers’ Retirement System and the
146-Employees’ Retirement System; or
141+ (iii) 1. is serving in a position specified in: 25
147142
148- B. the Correctional Officers’ Retirement System and the
149-Employees’ Pension System; or
143+ A. § 25–201(a)(8) or (9) of this title on or before June 30, 2017; 26
144+[or] 27
145+ 4 HOUSE BILL 763
150146
151- (iv) is at least 55 years old and has:
152147
153- 1. at least 5 years of eligibility service credit, if the member
154-is a member on or before June 30, 2011; or
148+ B. § 25–201(a)(10) or (11) of this title on or before June 30, 1
149+2018; OR 2
155150
156- 2. at least 10 years of eligibility service credit, if the member
157-becomes a member on or after July 1, 2011; and
151+ C. § 25–201(A)(12) OF THIS TITLE ON OR BEFORE JUNE 3
152+30, 2022; 4
158153
159- (2) the member completes and submits a written application to the Board
160-of Trustees stating the date when the member desires to retire.
154+ 2. is vested in the Correctional Officers’ Retirement System; 5
155+and 6
161156
162- (b) (1) Except as provided in paragraph (2) of this subsection, on retirement
163-under this section, a member is entitled to receive a normal service retirement allowance
164-that equals one fifty–fifth of the member’s average final compensation multiplied by the
165-number of years of creditable service.
157+ 3. has a combined total of at least 20 years of eligibility 7
158+service from: 8
166159
167- (2) On retirement under this section, if a member’s annuity is greater than
168-the member’s normal service retirement allowance calculated under paragraph (1) of this
169-subsection, the member’s normal service retirement allowance shall equal the member’s
170-annuity.
160+ A. the Correctional Officers’ Retirement System and the 9
161+Employees’ Retirement System; or 10
171162
172- (c) (1) This subsection applies only to:
163+ B. the Correctional Officers’ Retirement System and the 11
164+Employees’ Pension System; or 12
173165
174- (i) a correctional case management specialist, supervisor, or
175-manager who has a combined total of 20 years of eligibility service as provided in subsection
176-(a)(1)(ii) of this section; or
166+ (iv) is at least 55 years old and has: 13
177167
178- (ii) a member serving in a position specified in § 25–201(a)(8), (9),
179-(10), [or] (11), OR (12) of this title who has a combined total of 20 years of eligibility service
180-as provided in subsection (a)(1)(iii) of this section.
168+ 1. at least 5 years of eligibility service credit, if the member 14
169+is a member on or before June 30, 2011; or 15
181170
182- (2) A member is entitled to receive a normal service retirement allowance
183-that equals an allowance based on the creditable service the member has in the
184-Correctional Officers’ Retirement System.
171+ 2. at least 10 years of eligibility service credit, if the member 16
172+becomes a member on or after July 1, 2011; and 17
185173
186- SECTION 2. AND BE IT FURTHER ENACTED, That on or before January 1, 2023,
187-the State Retirement Agency shall notify the individuals who are affected by this Act of
188-their right to transfer service credit from the Employees’ Retirement System or the
189-Employees’ Pension System to the Correctional Officers’ Retirement System.
190- LAWRENCE J. HOGAN, JR., Governor Ch. 147
174+ (2) the member completes and submits a written application to the Board 18
175+of Trustees stating the date when the member desires to retire. 19
191176
192-– 5 –
193- SECTION 3. AND BE IT FURTHER ENACTED, That § 37 –203(f)(3) of the State
194-Personnel and Pensions Article does not apply to an individual who transfers service credit
195-to the Correctional Officers’ Retirement System under Title 37 of the State Personnel and
196-Pensions Article in accordance with this Act.
177+ (b) (1) Except as provided in paragraph (2) of this subsection, on retirement 20
178+under this section, a member is entitled to receive a normal service retirement allowance 21
179+that equals one fifty–fifth of the member’s average final compensation multiplied by the 22
180+number of years of creditable service. 23
197181
198- SECTION 4. AND BE IT FURTHER ENACTED, That:
182+ (2) On retirement under this section, if a member’s annuity is greater than 24
183+the member’s normal service retirement allowance calculated under paragraph (1) of this 25
184+subsection, the member’s normal service retirement allowance shall equal the member’s 26
185+annuity. 27
199186
200- (a) This section applies to an individual who:
187+ (c) (1) This subsection applies only to: 28
201188
202- (1) is employed in a position affected by this Act on July 1, 2022; and
189+ (i) a correctional case management specialist, supervisor, or 29
190+manager who has a combined total of 20 years of eligibility service as provided in subsection 30
191+(a)(1)(ii) of this section; or 31
192+ HOUSE BILL 763 5
203193
204- (2) has no creditable service in the Employees’ Pension System before July
205-1, 2008.
206194
207- (b) An individual described under subsection (a) of this section shall have the
208-individual’s service credit from the Employees’ Pension System transferred and combined
209-with the individual’s service in the Correctional Officers’ Retirement System.
195+ (ii) a member serving in a position specified in § 25–201(a)(8), (9), 1
196+(10), [or] (11), OR (12) of this title who has a combined total of 20 years of eligibility service 2
197+as provided in subsection (a)(1)(iii) of this section. 3
210198
211- (c) If an individual described under subsection (a) of this section is granted an
212-ordinary disability benefit under Title 29, Subtitle 1 of the State Personnel and Pensions
213-Article, the Board of Trustees for the State Retirement and Pension System shall calculate
214-the ordinary disability benefit under §§ 29–106 and 29–108 of the State Personnel and
215-Pensions Article and grant the greater benefit to the individual.
199+ (2) A member is entitled to receive a normal service retirement allowance 4
200+that equals an allowance based on the creditable service the member has in the 5
201+Correctional Officers’ Retirement System. 6
216202
217- SECTION 5. AND BE IT FURTHER ENACTED, That this Act shall take effect July
218-1, 2022.
203+ SECTION 2. AND BE IT FURTHER ENACTED, That on or before January 1, 2023, 7
204+the State Retirement Agency shall notify the individuals who are affected by this Act of 8
205+their right to transfer service credit from the Employees’ Retirement System or the 9
206+Employees’ Pension System to the Correctional Officers’ Retirement System. 10
219207
220-Approved by the Governor, April 21, 2022.
208+ SECTION 3. AND BE IT FURTHER ENACT ED, That § 37–203(f)(3) of the State 11
209+Personnel and Pensions Article does not apply to an individual who transfers service credit 12
210+to the Correctional Officers’ Retirement System under Title 37 of the State Personnel and 13
211+Pensions Article in accordance with this Act. 14
212+
213+ SECTION 4. AND BE IT FURTHER ENACTED, That: 15
214+
215+ (a) This section applies to an individual who: 16
216+
217+ (1) is employed in a position affected by this Act on July 1, 2022; and 17
218+
219+ (2) has no creditable service in the Employees’ Pension System before July 18
220+1, 2008. 19
221+
222+ (b) An individual described under subsection (a) of this section shall have the 20
223+individual’s service credit from the Employees’ Pension System transferred and combined 21
224+with the individual’s service in the Correctional Officers’ Retirement System. 22
225+
226+ (c) If an individual described under subsection (a) of this section is granted an 23
227+ordinary disability benefit under Title 29, Subtitle 1 of the State Personnel and Pensions 24
228+Article, the Board of Trustees for the State Retirement and Pension System shall calculate 25
229+the ordinary disability benefit under §§ 29–106 and 29–108 of the State Personnel and 26
230+Pensions Article and grant the greater benefit to the individual. 27
231+
232+ SECTION 5. AND BE IT FURTHER ENACTED, That this Act shall take effect July 28
233+1, 2022. 29
234+
235+
236+
237+