LAWRENCE J. HOGAN, JR., Governor Ch. 147
– 1 –
Chapter 147
(House Bill 763)
AN ACT concerning
Correctional Officers’ Retirement System – Membership
FOR the purpose of altering the membership of the Correctional Officers’ Retirement
System to include certain individuals serving in certain positions in the Department
of Juvenile Services; providing for the calculation of a certain benefit from the
Correctional Officers’ Retirement System for individuals serving in certain positions
on or before a certain date; requiring the State Retirement Agency, on or before a
certain date, to notify certain individuals affected by this Act of their right to transfer
service credit to the Correctional Officers’ Retirement System; requiring a certain
transfer and combination of certain service credit for certain individuals; requiring
the Board of Trustees for the State Retirement and Pension System to calculate a
certain disability benefit for certain individuals and to grant a certain benefit under
certain circumstances; and generally relating to membership in the Correctional
Officers’ Retirement System.
BY repealing and reenacting, with amendments,
Article – State Personnel and Pensions
Section 25–201(a)(10) and (11) and 25–401
Annotated Code of Maryland
(2015 Replacement Volume and 2021 Supplement)
BY adding to
Article – State Personnel and Pensions
Section 25–201(a)(12)
Annotated Code of Maryland
(2015 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – State Personnel and Pensions
25–201.
(a) Except as provided in subsection (b) of this section, this subtitle applies only
to:
(10) an individual serving as a Department of Juvenile Services employee
in one of the following positions on or after July 1, 2018:
Ch. 147 2022 LAWS OF MARYLAND
– 2 –
(i) a community detention officer or community detention
supervisor;
(ii) a youth transportation officer, youth transportation officer lead,
youth transportation officer supervisor, or youth transportation officer trainee;
(iii) a resident advisor, resident advisor lead, resident advisor
supervisor, or resident advisor trainee; or
(iv) a youth recreation specialist; [and]
(11) an individual serving as a Department of Public Safety and
Correctional Services employee in one of the following positions on or after July 1, 2018:
(i) a parole and probation assistant regional administrator;
(ii) a psychology services chief;
(iii) a correctional maintenance officer supervisor;
(iv) a correctional maintenance officer manager;
(v) a correctional maintenance services officer;
(vi) a correctional maintenance services supervisor; or
(vii) a correctional maintenance services manager; AND
(12) AN INDIVIDUAL SERVIN G AS A DEPARTMENT OF JUVENILE
SERVICES EMPLOYEE IN ONE OF THE FOLLOWING POSITIONS ON OR AFTE R JULY 1,
2022:
(I) A RESIDENTIAL GROUP LIFE MANAGER ;
(II) A YOUTH CENTER COOK OR COOK LEAD ;
(III) A FOOD SERVICE WORKER OR SUPERVISOR ; OR
(IV) A MAINTENANCE ASSIST ANT, CHIEF, MECHANIC, MECHANIC
SENIOR, OR SUPERVISOR .
(I) A CASE MANAGEMENT SP ECIALIST I, II, OR III;
(II) A CASE MANAGEMENT SP ECIALIST SUPERVISOR ;
LAWRENCE J. HOGAN, JR., Governor Ch. 147
– 3 –
(III) A CASE MANAGEMENT SP ECIALIST PROGRAM SUPERVISOR;
OR
(IV) A GROUP LIFE MANAGER I OR II.
25–401.
(a) A member may retire with a normal service retirement allowance if:
(1) on or before the date of retirement, the member:
(i) has at least 20 years of eligibility service;
(ii) 1. is a correctional case management specialist, supervisor,
or manager on or before June 30, 2016;
2. is vested in the Correctional Officers’ Retirement System;
and
3. has a combined total of at least 20 years of eligibility
service from:
A. the Correctional Officers’ Retirement System and the
Employees’ Retirement System; or
B. the Correctional Officers’ Retirement System and the
Employees’ Pension System;
(iii) 1. is serving in a position specified in:
A. § 25–201(a)(8) or (9) of this title on or before June 30, 2017;
[or]
B. § 25–201(a)(10) or (11) of this title on or before June 30,
2018; OR
C. § 25–201(A)(12) OF THIS TITLE ON OR BEFORE JUNE
30, 2022;
2. is vested in the Correctional Officers’ Retirement System;
and
3. has a combined total of at least 20 years of eligibility
service from:
Ch. 147 2022 LAWS OF MARYLAND
– 4 –
A. the Correctional Officers’ Retirement System and the
Employees’ Retirement System; or
B. the Correctional Officers’ Retirement System and the
Employees’ Pension System; or
(iv) is at least 55 years old and has:
1. at least 5 years of eligibility service credit, if the member
is a member on or before June 30, 2011; or
2. at least 10 years of eligibility service credit, if the member
becomes a member on or after July 1, 2011; and
(2) the member completes and submits a written application to the Board
of Trustees stating the date when the member desires to retire.
(b) (1) Except as provided in paragraph (2) of this subsection, on retirement
under this section, a member is entitled to receive a normal service retirement allowance
that equals one fifty–fifth of the member’s average final compensation multiplied by the
number of years of creditable service.
(2) On retirement under this section, if a member’s annuity is greater than
the member’s normal service retirement allowance calculated under paragraph (1) of this
subsection, the member’s normal service retirement allowance shall equal the member’s
annuity.
(c) (1) This subsection applies only to:
(i) a correctional case management specialist, supervisor, or
manager who has a combined total of 20 years of eligibility service as provided in subsection
(a)(1)(ii) of this section; or
(ii) a member serving in a position specified in § 25–201(a)(8), (9),
(10), [or] (11), OR (12) of this title who has a combined total of 20 years of eligibility service
as provided in subsection (a)(1)(iii) of this section.
(2) A member is entitled to receive a normal service retirement allowance
that equals an allowance based on the creditable service the member has in the
Correctional Officers’ Retirement System.
SECTION 2. AND BE IT FURTHER ENACTED, That on or before January 1, 2023,
the State Retirement Agency shall notify the individuals who are affected by this Act of
their right to transfer service credit from the Employees’ Retirement System or the
Employees’ Pension System to the Correctional Officers’ Retirement System.
LAWRENCE J. HOGAN, JR., Governor Ch. 147
– 5 –
SECTION 3. AND BE IT FURTHER ENACTED, That § 37 –203(f)(3) of the State
Personnel and Pensions Article does not apply to an individual who transfers service credit
to the Correctional Officers’ Retirement System under Title 37 of the State Personnel and
Pensions Article in accordance with this Act.
SECTION 4. AND BE IT FURTHER ENACTED, That:
(a) This section applies to an individual who:
(1) is employed in a position affected by this Act on July 1, 2022; and
(2) has no creditable service in the Employees’ Pension System before July
1, 2008.
(b) An individual described under subsection (a) of this section shall have the
individual’s service credit from the Employees’ Pension System transferred and combined
with the individual’s service in the Correctional Officers’ Retirement System.
(c) If an individual described under subsection (a) of this section is granted an
ordinary disability benefit under Title 29, Subtitle 1 of the State Personnel and Pensions
Article, the Board of Trustees for the State Retirement and Pension System shall calculate
the ordinary disability benefit under §§ 29–106 and 29–108 of the State Personnel and
Pensions Article and grant the greater benefit to the individual.
SECTION 5. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2022.
Approved by the Governor, April 21, 2022.