EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0432*
SENATE BILL 432
D2 2lr0361
CF 2lr1493
By: Senator Klausmeier
Introduced and read first time: January 26, 2022
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Baltimore County – Orphans’ Court Judges and Surviving Spouses – Pensions 2
FOR the purpose of requiring Baltimore County to pay Orphans’ Court judges and their 3
surviving spouses a certain pension under certain circumstances; and generally 4
relating to the pension of a judge of the Orphans’ Court for Baltimore County. 5
BY repealing and reenacting, with amendments, 6
Article – Estates and Trusts 7
Section 2–108(x)(1), (7), and (8) 8
Annotated Code of Maryland 9
(2017 Replacement Volume and 2021 Supplement) 10
BY adding to 11
Article – Estates and Trusts 12
Section 2–108(x)(7) 13
Annotated Code of Maryland 14
(2017 Replacement Volume and 2021 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Estates and Trusts 18
2–108. 19
(x) (1) Except in Montgomery, Frederick, Carroll, Talbot, Cecil, Kent, Queen 20
Anne’s, [Baltimore,] Garrett, and Harford counties and Baltimore City, and except as 21
OTHERWISE provided in [paragraphs (3) and (4) of] this subsection, a county shall pay a 22
pension, in the same manner as salaries are paid during active service, to each judge of the 23
Orphans’ Court who: 24 2 SENATE BILL 432
(i) Has terminated active service; 1
(ii) Has reached 60 years of age; and 2
(iii) Has completed at least two terms of office. 3
(7) (I) THIS PARAGRAPH APPLIE S ONLY IN BALTIMORE COUNTY. 4
(II) AN ORPHAN’S COURT JUDGE IS ELIGIBLE FOR A PENSI ON 5
UNDER THIS SUBSECTIO N ONLY IF THE JUDGE WAS IN OFFICE ON OR AFTE R 6
JANUARY 1, 2022. 7
(III) THE PENSION SHALL BE THE GREATER OF : 8
1. $1,200 ANNUALLY; OR 9
2. AN ANNUAL AMOUNT CALC ULATED AT THE RATE O F 10
4% OF THE LAST ANNUAL A MOUNT OF COMPENSATIO N MULTIPLIED BY THE NUMBER 11
OF YEARS OF SERVICE , NOT EXCEEDING 24 YEARS. 12
(IV) 1. SUBJECT TO SUBSUBPARAGRAPH 2 OF THIS 13
SUBPARAGRAPH AND EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 3 OF THIS 14
SUBPARAGRAPH , A SURVIVING SPOUSE OF AN ORPHANS’ COURT JUDGE SHALL BE 15
PAID ONE–HALF OF THE PENSION TO WHICH THE JUDGE W AS ENTITLED AT THE T IME 16
OF THE JUDGE’S DEATH, OR WOULD HAVE BEEN E NTITLED ON ATTAINING 60 YEARS 17
OF AGE. 18
2. A PENSION SHALL BE PAID TO A SURVIVING SPOUSE 19
UNTIL THE SURVIVING SPOUSE’S DEATH OR REMARRIAG E. 20
3. A SURVIVING SPOUSE IS NOT ENTITLED TO A PENSION 21
IF THE SURVIVING SPO USE WAS MARRIED TO AN ACTIVE OR RETIRED JUDGE FOR A 22
PERIOD OF LESS THAN 3 YEARS BEFORE THE ACTIVE JUDGE’S DEATH OR THE 23
RETIRED JUDGE ’S RETIREMENT . 24
[(7)] (8) The pension or salary may be suspended during any month the 25
judge is a full–time employee of any county or of this State. 26
[(8)] (9) Notwithstanding any provision of this section an Orphans’ Court 27
judge may not receive a pension under this section if the judge is receiving any other State 28
pension based on service as an Orphans’ Court judge. 29
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 30 SENATE BILL 432 3
October 1, 2022. 1