Maryland 2022 2022 Regular Session

Maryland Senate Bill SB432 Engrossed / Bill

Filed 03/11/2022

                     
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
         Underlining indicates amendments to bill. 
         Strike out indicates matter stricken from the bill by amendment or deleted from the law by 
amendment. 
          *sb0432*  
  
SENATE BILL 432 
D2   	2lr0361 
    	CF HB 585 
By: Senator Klausmeier 
Introduced and read first time: January 26, 2022 
Assigned to: Judicial Proceedings 
Committee Report: Favorable 
Senate action: Adopted 
Read second time: March 1, 2022 
 
CHAPTER ______ 
 
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 
  2 	SENATE BILL 432  
 
 
 (x) (1) Except in Montgomery, Frederick, Carroll, Talbot, Cecil, Kent, Queen 1 
Anne’s, [Baltimore,] Garrett, and Harford counties and Baltimore City, and except as 2 
OTHERWISE provided in [paragraphs (3) and (4) of] this subsection, a county shall pay a 3 
pension, in the same manner as salaries are paid during active service, to each judge of the 4 
Orphans’ Court who: 5 
 
 (i) Has terminated active service; 6 
 
 (ii) Has reached 60 years of age; and 7 
 
 (iii) Has completed at least two terms of office. 8 
 
 (7) (I) THIS PARAGRAPH APPLIE S ONLY IN BALTIMORE COUNTY.  9 
 
 (II) AN ORPHAN’S COURT JUDGE IS ELIGIBLE FOR A PENSION 10 
UNDER THIS SUBSECTIO N ONLY IF THE JUDGE WAS IN OFFICE ON OR AFTE R 11 
JANUARY 1, 2022. 12 
 
 (III) THE PENSION SHALL BE THE GREATER OF : 13 
 
 1. $1,200 ANNUALLY; OR  14 
 
 2. AN ANNUAL AMOUNT CALC ULATED AT THE RATE O F 15 
4% OF THE LAST ANNUAL A MOUNT OF COMPENSATION MULTIPL IED BY THE NUMBER 16 
OF YEARS OF SERVICE , NOT EXCEEDING 24 YEARS. 17 
 
 (IV) 1. SUBJECT TO SUBSUB PARAGRAPH 2 OF THIS 18 
SUBPARAGRAPH AND EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 3 OF THIS 19 
SUBPARAGRAPH , A SURVIVING SPOUSE OF AN ORPHANS’ COURT JUDGE SHALL BE 20 
PAID ONE–HALF OF THE PENSION TO WHICH THE JUDGE W AS ENTITLED AT THE T IME 21 
OF THE JUDGE’S DEATH, OR WOULD HAVE BEEN E NTITLED ON ATTAINING 60 YEARS 22 
OF AGE.  23 
 
 2. A PENSION SHALL BE PAID TO A SURVIVING SPOUSE 24 
UNTIL THE SURVIVING SPOUSE’S DEATH OR REMARRIAG E. 25 
 
 3. A SURVIVING SPOUSE IS NOT ENTITLED TO A PENSION 26 
IF THE SURVIVING SPO USE WAS MARRIED TO AN ACTIVE OR RETIRED JUDGE FOR A 27 
PERIOD OF LESS THAN 3 YEARS BEFORE THE ACTIVE JUDGE’S DEATH OR THE 28 
RETIRED JUDGE ’S RETIREMENT .  29 
 
 [(7)] (8) The pension or salary may be suspended during any month the 30 
judge is a full–time employee of any county or of this State. 31 
   	SENATE BILL 432 	3 
 
 
 [(8)] (9) Notwithstanding any provision of this section an Orphans’ Court 1 
judge may not receive a pension under this section if the judge is receiving any other State 2 
pension based on service as an Orphans’ Court judge. 3 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4 
October 1, 2022. 5 
 
 
 
Approved: 
________________________________________________________________________________  
 Governor. 
________________________________________________________________________________  
         President of the Senate. 
________________________________________________________________________________  
  Speaker of the House of Delegates.