| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 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 | 5 | *sb0231* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 231 | |
| 11 | 8 | P6 2lr1693 | |
| 12 | - | HB 778/20 – APP | |
| 9 | + | HB 778/20 – APP | |
| 13 | 10 | By: Senator Jackson | |
| 14 | 11 | Introduced and read first time: January 13, 2022 | |
| 15 | 12 | Assigned to: Budget and Taxation | |
| 16 | - | Committee Report: Favorable with amendments | |
| 17 | - | Senate action: Adopted | |
| 18 | - | Read second time: March 16, 2022 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Correctional Officers’ Retirement System – Membership 2 | |
| 25 | 19 | ||
| 26 | 20 | FOR the purpose of altering the membership of the Correctional Officers’ Retirement 3 | |
| 27 | 21 | System to include certain individuals serving in certain positions in the Department 4 | |
| 28 | 22 | of Juvenile Services; providing for the calculation of a certain benefit from the 5 | |
| 29 | 23 | Correctional Officers’ Retirement System for individuals serving in certain positions 6 | |
| 30 | 24 | on or before a certain date; requiring the State Retirement Agency, on or before a 7 | |
| 31 | 25 | certain date, to notify certain individuals affected by this Act of their right to transfer 8 | |
| 32 | 26 | service credit to the Correctional Officers’ Retirement System; requiring a certain 9 | |
| 33 | 27 | transfer and combination of certain service credit for certain individuals; requiring 10 | |
| 34 | 28 | the Board of Trustees for the State Retirement and Pension System to calculate a 11 | |
| 35 | 29 | certain disability benefit for certain individuals and to grant a certain benefit under 12 | |
| 36 | 30 | certain circumstances; and generally relating to membership in the Correctional 13 | |
| 37 | 31 | Officers’ Retirement System. 14 | |
| 38 | 32 | ||
| 39 | 33 | BY repealing and reenacting, with amendments, 15 | |
| 40 | 34 | Article – State Personnel and Pensions 16 | |
| 41 | 35 | Section 25–201(a)(10) and (11) and 25–401 17 | |
| 42 | 36 | Annotated Code of Maryland 18 | |
| 43 | 37 | (2015 Replacement Volume and 2021 Supplement) 19 | |
| 44 | 38 | ||
| 45 | 39 | BY adding to 20 | |
| 46 | 40 | Article – State Personnel and Pensions 21 | |
| 47 | 41 | Section 25–201(a)(12) 22 | |
| 48 | - | Annotated Code of Maryland 23 2 SENATE BILL 231 | |
| 42 | + | Annotated Code of Maryland 23 | |
| 43 | + | (2015 Replacement Volume and 2021 Supplement) 24 | |
| 44 | + | ||
| 45 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25 | |
| 46 | + | That the Laws of Maryland read as follows: 26 | |
| 47 | + | ||
| 48 | + | Article – State Personnel and Pensions 27 2 SENATE BILL 231 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | - | (2015 Replacement Volume and 2021 Supplement) 1 | |
| 52 | 51 | ||
| 53 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2 | |
| 54 | - | That the Laws of Maryland read as follows: 3 | |
| 52 | + | 25–201. 1 | |
| 55 | 53 | ||
| 56 | - | Article – State Personnel and Pensions 4 | |
| 54 | + | (a) Except as provided in subsection (b) of this section, this subtitle applies only 2 | |
| 55 | + | to: 3 | |
| 57 | 56 | ||
| 58 | - | 25–201. 5 | |
| 57 | + | (10) an individual serving as a Department of Juvenile Services employee 4 | |
| 58 | + | in one of the following positions on or after July 1, 2018: 5 | |
| 59 | 59 | ||
| 60 | - | ( | |
| 61 | - | ||
| 60 | + | (i) a community detention officer or community detention 6 | |
| 61 | + | supervisor; 7 | |
| 62 | 62 | ||
| 63 | - | ( | |
| 64 | - | ||
| 63 | + | (ii) a youth transportation officer, youth transportation officer lead, 8 | |
| 64 | + | youth transportation officer supervisor, or youth transportation officer trainee; 9 | |
| 65 | 65 | ||
| 66 | - | ( | |
| 67 | - | supervisor; 11 | |
| 66 | + | (iii) a resident advisor, resident advisor lead, resident advisor 10 | |
| 67 | + | supervisor, or resident advisor trainee; or 11 | |
| 68 | 68 | ||
| 69 | - | (ii) a youth transportation officer, youth transportation officer lead, 12 | |
| 70 | - | youth transportation officer supervisor, or youth transportation officer trainee; 13 | |
| 69 | + | (iv) a youth recreation specialist; [and] 12 | |
| 71 | 70 | ||
| 72 | - | ( | |
| 73 | - | ||
| 71 | + | (11) an individual serving as a Department of Public Safety and 13 | |
| 72 | + | Correctional Services employee in one of the following positions on or after July 1, 2018: 14 | |
| 74 | 73 | ||
| 75 | - | ( | |
| 74 | + | (i) a parole and probation assistant regional administrator; 15 | |
| 76 | 75 | ||
| 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 | |
| 76 | + | (ii) a psychology services chief; 16 | |
| 79 | 77 | ||
| 80 | - | ( | |
| 78 | + | (iii) a correctional maintenance officer supervisor; 17 | |
| 81 | 79 | ||
| 82 | - | ( | |
| 80 | + | (iv) a correctional maintenance officer manager; 18 | |
| 83 | 81 | ||
| 84 | - | ( | |
| 82 | + | (v) a correctional maintenance services officer; 19 | |
| 85 | 83 | ||
| 86 | - | ( | |
| 84 | + | (vi) a correctional maintenance services supervisor; or 20 | |
| 87 | 85 | ||
| 88 | - | ( | |
| 86 | + | (vii) a correctional maintenance services manager; AND 21 | |
| 89 | 87 | ||
| 90 | - | (vi) a correctional maintenance services supervisor; or 24 | |
| 88 | + | (12) AN INDIVIDUAL SERVIN G AS A DEPARTMENT OF JUVENILE 22 | |
| 89 | + | SERVICES EMPLOYEE IN ONE OF THE FOLLOWING P OSITIONS ON OR AFTER JULY 1, 23 | |
| 90 | + | 2022: 24 | |
| 91 | 91 | ||
| 92 | - | ( | |
| 92 | + | (I) A RESIDENTIAL GROUP LIFE MANAGER ; 25 | |
| 93 | 93 | ||
| 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 | - | SENATE BILL 231 3 | |
| 94 | + | (II) A YOUTH CENTER COOK OR COOK LEAD ; 26 | |
| 95 | + | ||
| 96 | + | (III) A FOOD SERVICE WORKE R OR SUPERVISOR ; OR 27 SENATE BILL 231 3 | |
| 98 | 97 | ||
| 99 | 98 | ||
| 100 | - | (I) A RESIDENTIAL GROUP LIFE MANAGER ; 1 | |
| 101 | 99 | ||
| 102 | - | (II) A YOUTH CENTER COOK OR COOK LEAD ; 2 | |
| 100 | + | (IV) A MAINTENANCE ASSIST ANT, CHIEF, MECHANIC, MECHANIC 1 | |
| 101 | + | SENIOR, OR SUPERVISOR . 2 | |
| 103 | 102 | ||
| 104 | - | ||
| 103 | + | 25–401. 3 | |
| 105 | 104 | ||
| 106 | - | (IV) A MAINTENANCE ASSIST ANT, CHIEF, MECHANIC, MECHANIC 4 | |
| 107 | - | SENIOR, OR SUPERVISOR . 5 | |
| 105 | + | (a) A member may retire with a normal service retirement allowance if: 4 | |
| 108 | 106 | ||
| 109 | - | ( | |
| 107 | + | (1) on or before the date of retirement, the member: 5 | |
| 110 | 108 | ||
| 111 | - | ( | |
| 109 | + | (i) has at least 20 years of eligibility service; 6 | |
| 112 | 110 | ||
| 113 | - | ( | |
| 114 | - | OR | |
| 111 | + | (ii) 1. is a correctional case management specialist, supervisor, 7 | |
| 112 | + | or manager on or before June 30, 2016; 8 | |
| 115 | 113 | ||
| 116 | - | (IV) A GROUP LIFE MANAGER I OR II. 10 | |
| 114 | + | 2. is vested in the Correctional Officers’ Retirement System; 9 | |
| 115 | + | and 10 | |
| 117 | 116 | ||
| 118 | - | 25–401. 11 | |
| 117 | + | 3. has a combined total of at least 20 years of eligibility 11 | |
| 118 | + | service from: 12 | |
| 119 | 119 | ||
| 120 | - | (a) A member may retire with a normal service retirement allowance if: 12 | |
| 120 | + | A. the Correctional Officers’ Retirement System and the 13 | |
| 121 | + | Employees’ Retirement System; or 14 | |
| 121 | 122 | ||
| 122 | - | (1) on or before the date of retirement, the member: 13 | |
| 123 | + | B. the Correctional Officers’ Retirement System and the 15 | |
| 124 | + | Employees’ Pension System; 16 | |
| 123 | 125 | ||
| 124 | - | ( | |
| 126 | + | (iii) 1. is serving in a position specified in: 17 | |
| 125 | 127 | ||
| 126 | - | ( | |
| 127 | - | or | |
| 128 | + | A. § 25–201(a)(8) or (9) of this title on or before June 30, 2017; 18 | |
| 129 | + | [or] 19 | |
| 128 | 130 | ||
| 129 | - | | |
| 130 | - | ||
| 131 | + | B. § 25–201(a)(10) or (11) of this title on or before June 30, 20 | |
| 132 | + | 2018; OR 21 | |
| 131 | 133 | ||
| 132 | - | | |
| 133 | - | ||
| 134 | + | C. § 25–201(A)(12) OF THIS TITLE ON OR BEFORE JUNE 22 | |
| 135 | + | 30, 2022; 23 | |
| 134 | 136 | ||
| 135 | - | | |
| 136 | - | ||
| 137 | + | 2. is vested in the Correctional Officers’ Retirement System; 24 | |
| 138 | + | and 25 | |
| 137 | 139 | ||
| 138 | - | | |
| 139 | - | ||
| 140 | + | 3. has a combined total of at least 20 years of eligibility 26 | |
| 141 | + | service from: 27 | |
| 140 | 142 | ||
| 141 | - | (iii) 1. is serving in a position specified in: 25 | |
| 142 | - | ||
| 143 | - | A. § 25–201(a)(8) or (9) of this title on or before June 30, 2017; 26 | |
| 144 | - | [or] 27 | |
| 145 | - | 4 SENATE BILL 231 | |
| 143 | + | A. the Correctional Officers’ Retirement System and the 28 | |
| 144 | + | Employees’ Retirement System; or 29 4 SENATE BILL 231 | |
| 146 | 145 | ||
| 147 | 146 | ||
| 148 | - | B. § 25–201(a)(10) or (11) of this title on or before June 30, 1 | |
| 149 | - | 2018; OR 2 | |
| 150 | 147 | ||
| 151 | - | | |
| 152 | - | ||
| 148 | + | B. the Correctional Officers’ Retirement System and the 1 | |
| 149 | + | Employees’ Pension System; or 2 | |
| 153 | 150 | ||
| 154 | - | 2. is vested in the Correctional Officers’ Retirement System; 5 | |
| 155 | - | and 6 | |
| 151 | + | (iv) is at least 55 years old and has: 3 | |
| 156 | 152 | ||
| 157 | - | | |
| 158 | - | ||
| 153 | + | 1. at least 5 years of eligibility service credit, if the member 4 | |
| 154 | + | is a member on or before June 30, 2011; or 5 | |
| 159 | 155 | ||
| 160 | - | | |
| 161 | - | ||
| 156 | + | 2. at least 10 years of eligibility service credit, if the member 6 | |
| 157 | + | becomes a member on or after July 1, 2011; and 7 | |
| 162 | 158 | ||
| 163 | - | | |
| 164 | - | ||
| 159 | + | (2) the member completes and submits a written application to the Board 8 | |
| 160 | + | of Trustees stating the date when the member desires to retire. 9 | |
| 165 | 161 | ||
| 166 | - | (iv) is at least 55 years old and has: 13 | |
| 162 | + | (b) (1) Except as provided in paragraph (2) of this subsection, on retirement 10 | |
| 163 | + | under this section, a member is entitled to receive a normal service retirement allowance 11 | |
| 164 | + | that equals one fifty–fifth of the member’s average final compensation multiplied by the 12 | |
| 165 | + | number of years of creditable service. 13 | |
| 167 | 166 | ||
| 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 | |
| 167 | + | (2) On retirement under this section, if a member’s annuity is greater than 14 | |
| 168 | + | the member’s normal service retirement allowance calculated under paragraph (1) of this 15 | |
| 169 | + | subsection, the member’s normal service retirement allowance shall equal the member’s 16 | |
| 170 | + | annuity. 17 | |
| 170 | 171 | ||
| 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 | |
| 172 | + | (c) (1) This subsection applies only to: 18 | |
| 173 | 173 | ||
| 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 | |
| 174 | + | (i) a correctional case management specialist, supervisor, or 19 | |
| 175 | + | manager who has a combined total of 20 years of eligibility service as provided in subsection 20 | |
| 176 | + | (a)(1)(ii) of this section; or 21 | |
| 176 | 177 | ||
| 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 | |
| 178 | + | (ii) a member serving in a position specified in § 25–201(a)(8), (9), 22 | |
| 179 | + | (10), [or] (11), OR (12) of this title who has a combined total of 20 years of eligibility service 23 | |
| 180 | + | as provided in subsection (a)(1)(iii) of this section. 24 | |
| 181 | 181 | ||
| 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 | |
| 182 | + | (2) A member is entitled to receive a normal service retirement allowance 25 | |
| 183 | + | that equals an allowance based on the creditable service the member has in the 26 | |
| 184 | + | Correctional Officers’ Retirement System. 27 | |
| 186 | 185 | ||
| 187 | - | (c) (1) This subsection applies only to: 28 | |
| 186 | + | SECTION 2. AND BE IT FURTHER ENACTED, That on or before January 1, 2023, 28 | |
| 187 | + | the State Retirement Agency shall notify the individuals who are affected by this Act of 29 | |
| 188 | + | their right to transfer service credit from the Employees’ Retirement System or the 30 | |
| 189 | + | Employees’ Pension System to the Correctional Officers’ Retirement System. 31 | |
| 188 | 190 | ||
| 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 | - | SENATE BILL 231 5 | |
| 191 | + | SECTION 3. AND BE IT FURTHER ENACTED, That § 37 –203(f)(3) of the State 32 | |
| 192 | + | Personnel and Pensions Article does not apply to an individual who transfers service credit 33 | |
| 193 | + | to the Correctional Officers’ Retirement System under Title 37 of the State Personnel and 34 SENATE BILL 231 5 | |
| 193 | 194 | ||
| 194 | 195 | ||
| 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 | |
| 196 | + | Pensions Article in accordance with this Act. 1 | |
| 198 | 197 | ||
| 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 | |
| 198 | + | SECTION 4. AND BE IT FURTHER ENACTED, That: 2 | |
| 202 | 199 | ||
| 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 | |
| 200 | + | (a) This section applies to an individual who: 3 | |
| 207 | 201 | ||
| 208 | - | SECTION 3. AND BE IT FURTHER ENACTED, 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 | |
| 202 | + | (1) is employed in a position affected by this Act on July 1, 2022; and 4 | |
| 212 | 203 | ||
| 213 | - | SECTION 4. AND BE IT FURTHER ENACTED, That: 15 | |
| 204 | + | (2) has no creditable service in the Employees’ Pension System before July 5 | |
| 205 | + | 1, 2008. 6 | |
| 214 | 206 | ||
| 215 | - | (a) This section applies to an individual who: 16 | |
| 207 | + | (b) An individual described under subsection (a) of this section shall have the 7 | |
| 208 | + | individual’s service credit from the Employees’ Pension System transferred and combined 8 | |
| 209 | + | with the individual’s service in the Correctional Officers’ Retirement System. 9 | |
| 216 | 210 | ||
| 217 | - | (1) is employed in a position affected by this Act on July 1, 2022; and 17 | |
| 211 | + | (c) If an individual described under subsection (a) of this section is granted an 10 | |
| 212 | + | ordinary disability benefit under Title 29, Subtitle 1 of the State Personnel and Pensions 11 | |
| 213 | + | Article, the Board of Trustees for the State Retirement and Pension System shall calculate 12 | |
| 214 | + | the ordinary disability benefit under §§ 29–106 and 29–108 of the State Personnel and 13 | |
| 215 | + | Pensions Article and grant the greater benefit to the individual. 14 | |
| 218 | 216 | ||
| 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 sh all take effect July 28 | |
| 233 | - | 1, 2022. 29 | |
| 234 | - | ||
| 235 | - | ||
| 217 | + | SECTION 5. AND BE IT FURTHER ENACTED, That this Act shall take effect July 15 | |
| 218 | + | 1, 2022. 16 | |
| 236 | 219 |