EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
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SENATE BILL 402
P6 EMERGENCY BILL 2lr0157
CF HB 417
By: The President (By Request – Administration) and Senators Bailey, Carozza,
Cassilly, Corderman, Eckardt, Edwards, Elfreth, Gallion, Hershey, Hester,
Jennings, Ready, Salling, Simonaire, and West
Introduced and read first time: January 24, 2022
Assigned to: Budget and Taxation
A BILL ENTITLED
AN ACT concerning 1
Employees’ Retirement and Pension Systems – Reemployment Earnings 2
Limitation – COVID–19 Exemption 3
FOR the purpose of exempting certain retirees of the Employees’ Retirement and Pension 4
Systems from a certain earnings limitation when the retiree is reemployed by certain 5
previous employers for a certain time period to assist with the administration of 6
certain grants or benefits related to the COVID–19 pandemic; providing for the 7
retroactive application of this Act; and generally relating to a reemployment 8
earnings limitation in the Employees’ Retirement and Pension Systems. 9
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
That: 11
(a) Except for individuals whose retirement allowance is subject to a reduction as 12
provided under § 22–406(c)(1)(iii) and (3) or § 23–407(c)(1)(iii) and (3) of the State Personnel 13
and Pensions Article, the reduction of a retirement allowance under § 22–406 or § 23–407 14
of the State Personnel and Pensions Article does not apply to: 15
(1) an individual who was previously employed b y the Maryland 16
Department of Health, retired, and is rehired by the Maryland Department of Health for a 17
period not to exceed 3 years to assist in the administration of federally funded grants 18
related to the Coronavirus Disease 2019 (COVID–19) pandemic; and 19
(2) an individual who was previously employed by the Maryland 20
Department of Labor, retired, and is rehired by the Maryland Department of Labor for a 21
period not to exceed 3 years within the Division of Unemployment Insurance to assist with 22
the administration of benefits related to the COVID–19 pandemic. 23
(b) The provisions of subsection (a) of this section shall be construed to apply 24 2 SENATE BILL 402
retroactively to January 1, 2020. 1
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 2
measure, is necessary for the immediate preservation of the public health or safety, has 3
been passed by a yea and nay vote supported by three–fifths of all the members elected to 4
each of the two Houses of the General Assembly, and shall take effect from the date it is 5
enacted. It shall remain effective through December 31, 2022, and, at the end of December 6
31, 2022, this Act, with no further action required by the General Assembly, shall be 7
abrogated and of no further force and effect. 8