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.
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*sb0432*
SENATE BILL 432
D2 (2lr0361)
ENROLLED BILL
— Judicial Proceedings/Judiciary —
Introduced by Senator Klausmeier
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at _________________ _______ o’clock, ________M.
______________________________________________
President.
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; requiring the 4
County Council of Baltimore County to establish, by law, certain requirements and 5
procedures relating to the pension of a judge of the Orphans’ Court; and generally 6
relating to the pension of a judge of the Orphans’ Court for Baltimore County. 7
BY repealing and reenacting, with amendments, 8
Article – Estates and Trusts 9
Section 2–108(x)(1), (7), and (8) 10
Annotated Code of Maryland 11
(2017 Replacement Volume and 2021 Supplement) 12
BY adding to 13 2 SENATE BILL 432
Article – Estates and Trusts 1
Section 2–108(x)(7) 2
Annotated Code of Maryland 3
(2017 Replacement Volume and 2021 Supplement) 4
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
That the Laws of Maryland read as follows: 6
Article – Estates and Trusts 7
2–108. 8
(x) (1) Except in Montgomery, Frederick, Carroll, Talbot, Cecil, Kent, Queen 9
Anne’s, [Baltimore,] Garrett, and Harford counties and Baltimore City, and except as 10
OTHERWISE provided in [paragraphs (3) and (4) of] this subsection, a county shall pay a 11
pension, in the same manner as salaries are paid during active service, to each judge of the 12
Orphans’ Court who: 13
(i) Has terminated active service; 14
(ii) Has reached 60 years of age; and 15
(iii) Has completed at least two terms of office. 16
(7) (I) THIS PARAGRAPH APPLIE S ONLY IN BALTIMORE COUNTY. 17
(II) AN ORPHAN’S ORPHANS’ COURT JUDGE IS ELIGIB LE FOR A 18
PENSION UNDER THIS S UBSECTION ONLY IF THE JUDGE WA S IN OFFICE ON OR AF TER 19
JANUARY 1, 2022. 20
(III) THE PENSION SHALL BE THE GREATER OF : 21
1. $1,200 ANNUALLY; OR 22
2. AN ANNUAL AMOUNT CALC ULATED AT THE RATE O F 23
4% OF THE LAST ANNUAL A MOUNT OF COMPENSATIO N MULTIPLIED BY THE NUMBER 24
OF YEARS OF SERVICE BEGINNING ON OR AFTE R JANUARY 1, 2022, NOT EXCEEDING 25
24 YEARS. 26
(IV) 1. SUBJECT TO SUBSUBPARA GRAPH 2 OF THIS 27
SUBPARAGRAPH AND EXC EPT AS PROVIDED IN S UBSUBPARAGRAPH 3 OF THIS 28
SUBPARAGRAPH , A SURVIVING SPOUSE O F AN ORPHANS’ COURT JUDGE SHALL BE 29
PAID ONE–HALF OF THE PENSION TO WHICH THE JUDGE W AS ENTITLED AT THE T IME 30
OF THE JUDGE’S DEATH, OR WOULD HAVE BEEN E NTITLED ON ATTAINING 60 YEARS 31
OF AGE. 32 SENATE BILL 432 3
2. A PENSION SHALL BE PAI D TO A SURVIVING SPO USE 1
UNTIL THE SURVIVING SPOUSE’S DEATH OR REMARRIAGE . 2
3. A SURVIVING SPOUSE IS NOT ENTITLED TO A PE NSION 3
IF THE SURVIVING SPO USE WAS MARRIED TO A N ACTIVE OR RETIRED JUDGE FOR A 4
PERIOD OF LESS THAN 3 YEARS BEFORE THE ACT IVE JUDGE’S DEATH OR THE 5
RETIRED JUDGE ’S RETIREMENT . 6
(V) THE COUNTY COUNCIL SHALL ESTABLI SH, BY LAW: 7
1. REQUIREMENTS FOR AN ORPHANS’ COURT JUDGE TO 8
CONTRIBUTE TO THE PE NSION SYSTEM; 9
2. PROCEDURES AND REQUIR EMENTS FOR PURCHASIN G 10
ELIGIBILITY SERVICE CREDIT; AND 11
3. ANY OTHER PROVISIONS NECESSARY TO CAR RY OUT 12
THIS PARAGRAPH . 13
[(7)] (8) The pension or salary may be suspended during any month the 14
judge is a full–time employee of any county or of this State. 15
[(8)] (9) Notwithstanding any provision of this section an Orphans’ Court 16
judge may not receive a pension under this section if the judge is receiving any other State 17
pension based on service as an Orphans’ Court judge. 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
October 1, 2022. 20
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.