MD
Maryland Senate Bill SB410

Maryland 2022 Regular Session

Maryland Senate Bill SB410 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 559
21
3-– 1 –
4-Chapter 559
5-(Senate Bill 410)
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+ *sb0410*
89
9-Teachers’ Retirement and Pension Systems – Reemployment
10+SENATE BILL 410
11+P6 2lr1818
12+ CF HB 743
13+By: Senator Elfreth (Chair, Joint Committee on Pensions)
14+Introduced and read first time: January 24, 2022
15+Assigned to: Budget and Taxation
16+Committee Report: Favorable with amendments
17+Senate action: Adopted
18+Read second time: February 15, 2022
1019
11-FOR the purpose of providing an exemption from reemployment earnings offsets for
12-retirees of the Teachers’ Retirement and Pension Systems for certain reemployment;
13-and generally relating to the reemployment of retirees of the Teachers’ Retirement
14-and Pension Systems.
20+CHAPTER ______
1521
16-BY repealing and reenacting, without amendments,
17- Article – State Personnel and Pensions
18-Section 22–406(b), (c)(4)(xi), (d), and (m)(2) and 23–407(b), (c)(4)(ix), (d), and (m)(2)
19- Annotated Code of Maryland
20- (2015 Replacement Volume and 2021 Supplement)
22+AN ACT concerning 1
2123
22-BY repealing and reenacting, with amendments,
23- Article – State Personnel and Pensions
24-Section 22–406(c)(8) and 23–407(c)(8)
25- Annotated Code of Maryland
26- (2015 Replacement Volume and 2021 Supplement)
24+Teachers’ Retirement and Pension Systems – Reemployment 2
2725
28- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
29-That the Laws of Maryland read as follows:
26+FOR the purpose of providing an exemption from reemployment earnings offsets for 3
27+retirees of the Teachers’ Retirement and Pension Systems for certain reemployment; 4
28+and generally relating to the reemployment of retirees of the Teachers’ Retirement 5
29+and Pension Systems. 6
3030
31-Article – State Personnel and Pensions
31+BY repealing and reenacting, without amendments, 7
32+ Article – State Personnel and Pensions 8
33+Section 22–406(b), (c)(4)(xi), (d), and (m)(2) and 23–407(b), (c)(4)(ix), (d), and (m)(2) 9
34+ Annotated Code of Maryland 10
35+ (2015 Replacement Volume and 2021 Supplement) 11
3236
33-22–406.
37+BY repealing and reenacting, with amendments, 12
38+ Article – State Personnel and Pensions 13
39+Section 22–406(c)(8) and 23–407(c)(8) 14
40+ Annotated Code of Maryland 15
41+ (2015 Replacement Volume and 2021 Supplement) 16
3442
35- (b) Except as provided in subsection (d) of this section, an individual who is
36-receiving a service retirement allowance or vested allowance may accept employment with
37-a participating employer on a permanent, temporary, or contractual basis, if:
43+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
44+That the Laws of Maryland read as follows: 18
3845
39- (1) the individual immediately notifies the Board of Trustees of the
40-individual’s intention to accept this employment; and
46+Article – State Personnel and Pensions 19
4147
42- (2) the individual specifies the compensation to be received.
48+22–406. 20 2 SENATE BILL 410
4349
44- (c) (4) Except for an individual whose allowance is subject to a reduction as
45-provided under paragraphs (1)(iii) and (3) of this subsection, the reduction of an allowance
46-under this subsection does not apply to:
47- Ch. 559 2022 LAWS OF MARYLAND
4850
49-– 2 –
50- (xi) a retiree of the Teachers’ Retirement System who is reemployed
51-by a local school system or the Maryland School for the Deaf and is rehired in accordance
52-with paragraph (8) of this subsection; or
5351
54- (8) (i) In addition to any individuals rehired in accordance with
55-paragraph (5) of this subsection, and subject to subparagraph (ii) of this paragraph, each
56-superintendent of a local school system and the superintendent of the Maryland School for
57-the Deaf may rehire a maximum of five individuals who are retirees of the Teachers’
58-Retirement System in any position at any school in the superintendent’s local school system
59-or the Maryland School for the Deaf.
52+ (b) Except as provided in subsection (d) of this section, an individual who is 1
53+receiving a service retirement allowance or vested allowance may accept employment with 2
54+a participating employer on a permanent, temporary, or contractual basis, if: 3
6055
61- (ii) The number of individuals rehired under subparagraph (i) of this
62-paragraph for each local school system or the Maryland School for the Deaf may not exceed
63-a total of five retirees at any one time when added to the number of individuals rehired
64-under § 23–407(c)(8)(i) of this article for that same local school system or the Maryland
65-School for the Deaf.
56+ (1) the individual immediately notifies the Board of Trustees of the 4
57+individual’s intention to accept this employment; and 5
6658
67- (III) IN ADDITION TO ANY IN DIVIDUALS REHIRED IN
68-ACCORDANCE WITH SUBPAR AGRAPHS (I) AND (II) OF THIS PARAGRAPH , FROM JULY
69-1, 2022, THROUGH JUNE 30, 2024, EACH SUPERINTENDENT OF A LOCAL SCHOOL
70-SYSTEM AND THE SUPER INTENDENT OF THE MARYLAND SCHOOL FOR THE DEAF
71-MAY REHIRE A MAXIMUM OF 25 INDIVIDUALS WHO ARE RETIREES OF THE
72-TEACHERS’ RETIREMENT SYSTEM AT ANY SCHOOL IN THE SUPERINTENDEN T’S
73-LOCAL SCHOOL SYSTEM OR THE MARYLAND SCHOOL FOR THE DEAF AS:
59+ (2) the individual specifies the compensation to be received. 6
7460
75- 1. A CLASSROOM TEACHER ;
61+ (c) (4) Except for an individual whose allowance is subject to a reduction as 7
62+provided under paragraphs (1)(iii) and (3) of this subsection, the reduction of an allowance 8
63+under this subsection does not apply to: 9
7664
77- 2. A SUBSTITUTE CLASSRO OM TEACHER ;
65+ (xi) a retiree of the Teachers’ Retirement System who is reemployed 10
66+by a local school system or the Maryland School for the Deaf and is rehired in accordance 11
67+with paragraph (8) of this subsection; or 12
7868
79- 3. A TEACHER MENTOR ; OR
69+ (8) (i) In addition to any individuals rehired in accordance with 13
70+paragraph (5) of this subsection, and subject to subparagraph (ii) of this paragraph, each 14
71+superintendent of a local school system and the superintendent of the Maryland School for 15
72+the Deaf may rehire a maximum of five individuals who are retirees of the Teachers’ 16
73+Retirement System in any position at any school in the superintendent’s local school system 17
74+or the Maryland School for the Deaf. 18
8075
81- 4. A PRINCIPAL.
76+ (ii) The number of individuals rehired under subparagraph (i) of this 19
77+paragraph for each local school system or the Maryland School for the Deaf may not exceed 20
78+a total of five retirees at any one time when added to the number of individuals rehired 21
79+under § 23–407(c)(8)(i) of this article for that same local school system or the Maryland 22
80+School for the Deaf. 23
8281
83- (d) An individual who is receiving a service retirement allowance under this title
84-may not be employed within 45 days of the date the individual retired, on a permanent,
85-temporary, or contractual basis, by:
82+ (III) IN ADDITION TO ANY INDIVIDUALS R EHIRED IN 24
83+ACCORDANCE WITH SUBP ARAGRAPHS (I) AND (II) OF THIS PARAGRAPH , FROM JULY 25
84+1, 2022, THROUGH JUNE 30, 2024, EACH SUPERINTENDENT OF A LOCAL SCHOOL 26
85+SYSTEM AND THE SUPER INTENDENT OF THE MARYLAND SCHOOL FOR THE DEAF 27
86+MAY REHIRE A MAXIMUM OF 25 INDIVIDUALS WHO ARE RETIREES OF THE 28
87+TEACHERS’ RETIREMENT SYSTEM AT ANY SCHOOL IN THE SUPERINTENDEN T’S 29
88+LOCAL SCHOOL SYSTEM OR THE MARYLAND SCHOOL FOR THE DEAF AS: 30
8689
87- (1) the State or other participating employer; or
90+ 1. A CLASSROOM TEACHER ; 31
8891
89- (2) a withdrawn participating governmental unit, if the retiree was an
90-employee of the withdrawn participating governmental unit while the withdrawn
91-governmental unit was a participating employer.
92- LAWRENCE J. HOGAN, JR., Governor Ch. 559
92+ 2. A SUBSTITUTE CLASSRO OM TEACHER ; 32
9393
94-– 3 –
95- (m) On or before October 1 of each year, the State Superintendent of Schools shall
96-submit a report for the previous school year, to the Joint Committee on Pensions, in
97-accordance with § 2–1257 of the State Government Article, that provides:
94+ 3. A TEACHER MENTOR ; OR 33
9895
99- (2) the number of retirees rehired under subsection (c)(8) of this section.
96+ 4. A PRINCIPAL. 34 SENATE BILL 410 3
10097
101-23–407.
10298
103- (b) Except as provided in subsection (d) of this section, an individual who is
104-receiving a service retirement allowance or a vested allowance may accept employment
105-with a participating employer on a permanent, temporary, or contractual basis, if:
10699
107- (1) the individual immediately notifies the Board of Trustees of the
108-individual’s intention to accept this employment; and
100+ (d) An individual who is receiving a service retirement allowance under this title 1
101+may not be employed within 45 days of the date the individual retired, on a permanent, 2
102+temporary, or contractual basis, by: 3
109103
110- (2) the individual specifies the compensation to be received.
104+ (1) the State or other participating employer; or 4
111105
112- (c) (4) Except for an individual whose allowance is subject to a reduction as
113-provided under paragraphs (1)(iii) and (3) of this subsection, the reduction of an allowance
114-under this subsection does not apply to:
106+ (2) a withdrawn participating governmental unit, if the retiree was an 5
107+employee of the withdrawn participating governmental unit while the withdrawn 6
108+governmental unit was a participating employer. 7
115109
116- (ix) a retiree of the Teachers’ Pension System who is reemployed by
117-a local school system or the Maryland School for the Deaf and is rehired in accordance with
118-paragraph (8) of this subsection; or
110+ (m) On or before October 1 of each year, the State Superintendent of Schools shall 8
111+submit a report for the previous school year, to the Joint Committee on Pensions, in 9
112+accordance with § 2–1257 of the State Government Article, that provides: 10
119113
120- (8) (i) In addition to any individuals rehired in accordance with
121-paragraph (5) of this subsection, and subject to subparagraph (ii) of this paragraph, each
122-superintendent of a local school system and the superintendent of the Maryland School for
123-the Deaf may rehire a maximum of five individuals who are retirees of the Teachers’
124-Pension System in any position at any school in the superintendent’s local school system or
125-the Maryland School for the Deaf.
114+ (2) the number of retirees rehired under subsection (c)(8) of this section. 11
126115
127- (ii) The number of individuals rehired under subparagraph (i) of this
128-paragraph for each local school system or the Maryland School for the Deaf may not exceed
129-a total of five retirees at any one time when added to the number of individuals rehired
130-under § 22–406(c)(8)(i) of this article for that same local school system or the Maryland
131-School for the Deaf.
116+23–407. 12
132117
133- (III) IN ADDITION TO ANY IN DIVIDUALS REHIRED IN
134-ACCORDANCE WITH SUBP ARAGRAPHS (I) AND (II) OF THIS PARAGRAPH , FROM JULY
135-1, 2022, THROUGH JUNE 30, 2024, EACH SUPERINTENDENT OF A LOCAL SCHOOL
136-SYSTEM AND THE SUPER INTENDENT OF THE MARYLAND SCHOOL FOR THE DEAF
137-MAY REHIRE A MAXIMUM OF 25 INDIVIDUALS WHO ARE RETIREES OF THE
138-TEACHERS’ PENSION SYSTEM AT ANY SCHOOL IN THE SUPERINTENDEN T’S LOCAL
139-SCHOOL SYSTEM OR THE MARYLAND SCHOOL FOR THE DEAF AS:
140- Ch. 559 2022 LAWS OF MARYLAND
118+ (b) Except as provided in subsection (d) of this section, an individual who is 13
119+receiving a service retirement allowance or a vested allowance may accept employment 14
120+with a participating employer on a permanent, temporary, or contractual basis, if: 15
141121
142-– 4 –
143- 1. A CLASSROOM TEACHER ;
122+ (1) the individual immediately notifies the Board of Trustees of the 16
123+individual’s intention to accept this employment; and 17
144124
145- 2. A SUBSTITUTE CLASSRO OM TEACHER ;
125+ (2) the individual specifies the compensation to be received. 18
146126
147- 3. A TEACHER MENTOR ; OR
127+ (c) (4) Except for an individual whose allowance is subject to a reduction as 19
128+provided under paragraphs (1)(iii) and (3) of this subsection, the reduction of an allowance 20
129+under this subsection does not apply to: 21
148130
149- 4. A PRINCIPAL.
131+ (ix) a retiree of the Teachers’ Pension System who is reemployed by 22
132+a local school system or the Maryland School for the Deaf and is rehired in accordance with 23
133+paragraph (8) of this subsection; or 24
150134
151- (d) An individual who is receiving a service retirement allowance under this title
152-may not be employed within 45 days of the date the individual retired, on a permanent,
153-temporary, or contractual basis, by:
135+ (8) (i) In addition to any individuals rehired in accordance with 25
136+paragraph (5) of this subsection, and subject to subparagraph (ii) of this paragraph, each 26
137+superintendent of a local school system and the superintendent of the Maryland School for 27
138+the Deaf may rehire a maximum of five individuals who are retirees of the Teachers’ 28
139+Pension System in any position at any school in the superintendent’s local school system or 29
140+the Maryland School for the Deaf. 30
154141
155- (1) the State or other participating employer; or
142+ (ii) The number of individuals rehired under subparagraph (i) of this 31
143+paragraph for each local school system or the Maryland School for the Deaf may not exceed 32
144+a total of five retirees at any one time when added to the number of individuals rehired 33 4 SENATE BILL 410
156145
157- (2) a withdrawn participating governmental unit, if the retiree was an
158-employee of the withdrawn participating governmental unit while the withdrawn
159-governmental unit was a participating employer.
160146
161- (m) On or before October 1 of each year, the State Superintendent of Schools shall
162-submit a report for the previous school year, to the Joint Committee on Pensions, in
163-accordance with § 2–1257 of the State Government Article, that provides:
147+under § 22–406(c)(8)(i) of this article for that same local school system or the Maryland 1
148+School for the Deaf. 2
164149
165- (2) the number of retirees rehired under subsection (c)(8) of this section.
150+ (III) IN ADDITION TO ANY IN DIVIDUALS REHIRED IN 3
151+ACCORDANCE WITH SUBP ARAGRAPHS (I) AND (II) OF THIS PARAGRAPH , FROM JULY 4
152+1, 2022, THROUGH JUNE 30, 2024, EACH SUPERINTENDENT OF A LOCAL SCHOOL 5
153+SYSTEM AND THE SUPER INTENDENT OF THE MARYLAND SCHOOL FOR THE DEAF 6
154+MAY REHIRE A MAXIMUM OF 25 INDIVIDUALS WHO ARE RETI REES OF THE 7
155+TEACHERS’ PENSION SYSTEM AT ANY SCHOOL IN THE SUPERINTENDEN T’S LOCAL 8
156+SCHOOL SYSTEM OR THE MARYLAND SCHOOL FOR THE DEAF AS: 9
166157
167- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June
168-1, 2022. It shall remain effective for a period of 2 years and 1 month and, at the end of June
169-30, 2024, this Act, with no further action required by the General Assembly, shall be
170-abrogated and of no further force and effect.
158+ 1. A CLASSROOM TEACHER ; 10
171159
172-Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.
160+ 2. A SUBSTITUTE CLASSRO OM TEACHER ; 11
161+
162+ 3. A TEACHER MENTOR ; OR 12
163+
164+ 4. A PRINCIPAL. 13
165+
166+ (d) An individual who is receiving a service retirement allowance under this title 14
167+may not be employed within 45 days of the date the individual retired, on a permanent, 15
168+temporary, or contractual basis, by: 16
169+
170+ (1) the State or other participating employer; or 17
171+
172+ (2) a withdrawn participating governmental unit, if the retiree was an 18
173+employee of the withdrawn participating governmental unit while the withdrawn 19
174+governmental unit was a participating employer. 20
175+
176+ (m) On or before October 1 of each year, the State Superintendent of Schools shall 21
177+submit a report for the previous school year, to the Joint Committee on Pensions, in 22
178+accordance with § 2–1257 of the State Government Article, that provides: 23
179+
180+ (2) the number of retirees rehired under subsection (c)(8) of this section. 24
181+
182+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 25
183+1, 2022. It shall remain effective for a period of 2 years and 1 month and, at the end of June 26
184+30, 2024, this Act, with no further action required by the General Assembly, shall be 27
185+abrogated and of no further force and effect. 28
186+