MD
Maryland Senate Bill SB432

Maryland 2022 Regular Session

Maryland Senate Bill SB432 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 602
21
3-– 1 –
4-Chapter 602
5-(Senate Bill 432)
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+ Italics indicate opposite chamber/conference committee amendments.
9+ *sb0432*
810
9-Baltimore County – Orphans’ Court Judges and Surviving Spouses – Pensions
11+SENATE BILL 432
12+D2 (2lr0361)
13+ENROLLED BILL
14+— Judicial Proceedings/Judiciary —
15+Introduced by Senator Klausmeier
1016
11-FOR the purpose of requiring Baltimore County to pay Orphans’ Court judges and their
12-surviving spouses a certain pension under certain circumstances; requiring the
13-County Council of Baltimore County to establish, by law, certain requirements and
14-procedures relating to the pension of a judge of the Orphans’ Court; and generally
15-relating to the pension of a judge of the Orphans’ Court for Baltimore County.
17+Read and Examined by Proofreaders:
1618
17-BY repealing and reenacting, with amendments,
18- Article – Estates and Trusts
19-Section 2–108(x)(1), (7), and (8)
20- Annotated Code of Maryland
21- (2017 Replacement Volume and 2021 Supplement)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
2223
23-BY adding to
24- Article – Estates and Trusts
25-Section 2–108(x)(7)
26- Annotated Code of Maryland
27- (2017 Replacement Volume and 2021 Supplement)
24+Sealed with the Great Seal and presented to the Governor, for his approval this
2825
29- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
30-That the Laws of Maryland read as follows:
26+_______ day of _______________ at _________________ _______ o’clock, ________M.
3127
32-Article – Estates and Trusts
28+______________________________________________
29+President.
3330
34-2–108.
31+CHAPTER ______
3532
36- (x) (1) Except in Montgomery, Frederick, Carroll, Talbot, Cecil, Kent, Queen
37-Anne’s, [Baltimore,] Garrett, and Harford counties and Baltimore City, and except as
38-OTHERWISE provided in [paragraphs (3) and (4) of] this subsection, a county shall pay a
39-pension, in the same manner as salaries are paid during active service, to each judge of the
40-Orphans’ Court who:
33+AN ACT concerning 1
4134
42- (i) Has terminated active service;
35+Baltimore County – Orphans’ Court Judges and Surviving Spouses – Pensions 2
4336
44- (ii) Has reached 60 years of age; and
37+FOR the purpose of requiring Baltimore County to pay Orphans’ Court judges and their 3
38+surviving spouses a certain pension under certain circumstances; requiring the 4
39+County Council of Baltimore County to establish, by law, certain requirements and 5
40+procedures relating to the pension of a judge of the Orphans’ Court; and generally 6
41+relating to the pension of a judge of the Orphans’ Court for Baltimore County. 7
4542
46- (iii) Has completed at least two terms of office.
43+BY repealing and reenacting, with amendments, 8
44+ Article – Estates and Trusts 9
45+Section 2–108(x)(1), (7), and (8) 10
46+ Annotated Code of Maryland 11
47+ (2017 Replacement Volume and 2021 Supplement) 12
4748
48- (7) (I) THIS PARAGRAPH APPLIE S ONLY IN BALTIMORE COUNTY. Ch. 602 2022 LAWS OF MARYLAND
49+BY adding to 13 2 SENATE BILL 432
4950
50-– 2 –
5151
52- (II) AN ORPHAN’S ORPHANS’ COURT JUDGE IS ELIGIB LE FOR A
53-PENSION UNDER THIS S UBSECTION ONLY IF THE JUDGE WA S IN OFFICE ON OR AFTER
54-JANUARY 1, 2022.
52+ Article – Estates and Trusts 1
53+Section 2–108(x)(7) 2
54+ Annotated Code of Maryland 3
55+ (2017 Replacement Volume and 2021 Supplement) 4
5556
56- (III) THE PENSION SHALL BE THE GREATER OF :
57+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
58+That the Laws of Maryland read as follows: 6
5759
58- 1. $1,200 ANNUALLY; OR
60+Article – Estates and Trusts 7
5961
60- 2. AN ANNUAL AMOUNT CALC ULATED AT THE RATE O F
61-4% OF THE LAST ANNUAL A MOUNT OF COMPENSATIO N MULTIPLIED BY THE NUMBER
62-OF YEARS OF SERVICE BEGINNING ON OR AFTE R JANUARY 1, 2022, NOT EXCEEDING
63-24 YEARS.
62+2–108. 8
6463
65- (IV) 1. SUBJECT TO SUBSUBPARA GRAPH 2 OF THIS
66-SUBPARAGRAPH AND EXC EPT AS PROVIDED IN S UBSUBPARAGRAPH 3 OF THIS
67-SUBPARAGRAPH , A SURVIVING SPOUSE O F AN ORPHANS’ COURT JUDGE SHALL BE
68-PAID ONE–HALF OF THE PENSION TO WHICH THE JUDGE W AS ENTITLED AT THE T IME
69-OF THE JUDGE’S DEATH, OR WOULD HAVE BEEN E NTITLED ON ATTAINING 60 YEARS
70-OF AGE.
64+ (x) (1) Except in Montgomery, Frederick, Carroll, Talbot, Cecil, Kent, Queen 9
65+Anne’s, [Baltimore,] Garrett, and Harford counties and Baltimore City, and except as 10
66+OTHERWISE provided in [paragraphs (3) and (4) of] this subsection, a county shall pay a 11
67+pension, in the same manner as salaries are paid during active service, to each judge of the 12
68+Orphans’ Court who: 13
7169
72- 2. A PENSION SHALL BE PAI D TO A SURVIVING SPO USE
73-UNTIL THE SURVIVING SPOUSE’S DEATH OR REMARRIAGE .
70+ (i) Has terminated active service; 14
7471
75- 3. A SURVIVING SPOUSE IS NOT ENTITLED TO A PE NSION
76-IF THE SURVIVING SPO USE WAS MARRIED TO A N ACTIVE OR RETIRED JUDGE FOR A
77-PERIOD OF LESS THAN 3 YEARS BEFORE THE ACT IVE JUDGE’S DEATH OR THE
78-RETIRED JUDGE ’S RETIREMENT .
72+ (ii) Has reached 60 years of age; and 15
7973
80- (V) THE COUNTY COUNCIL SHALL ESTABLI SH, BY LAW:
74+ (iii) Has completed at least two terms of office. 16
8175
82- 1. REQUIREMENTS FOR AN ORPHANS’ COURT JUDGE TO
83-CONTRIBUTE TO THE PE NSION SYSTEM;
76+ (7) (I) THIS PARAGRAPH APPLIE S ONLY IN BALTIMORE COUNTY. 17
8477
85- 2. PROCEDURES AND REQUIR EMENTS FOR PURCHASIN G
86-ELIGIBILITY SERVICE CREDIT; AND
78+ (II) AN ORPHAN’S ORPHANS’ COURT JUDGE IS ELIGIB LE FOR A 18
79+PENSION UNDER THIS S UBSECTION ONLY IF THE JUDGE WA S IN OFFICE ON OR AF TER 19
80+JANUARY 1, 2022. 20
8781
88- 3. ANY OTHER PROVISIONS NECESSARY TO CARRY O UT
89-THIS PARAGRAPH .
82+ (III) THE PENSION SHALL BE THE GREATER OF : 21
9083
91- [(7)] (8) The pension or salary may be suspended during any month the
92-judge is a full–time employee of any county or of this State.
93- LAWRENCE J. HOGAN, JR., Governor Ch. 602
84+ 1. $1,200 ANNUALLY; OR 22
9485
95-– 3 –
96- [(8)] (9) Notwithstanding any provision of this section an Orphans’ Court
97-judge may not receive a pension under this section if the judge is receiving any other State
98-pension based on service as an Orphans’ Court judge.
86+ 2. AN ANNUAL AMOUNT CALC ULATED AT THE RATE O F 23
87+4% OF THE LAST ANNUAL A MOUNT OF COMPENSATIO N MULTIPLIED BY THE NUMBER 24
88+OF YEARS OF SERVICE BEGINNING ON OR AFTE R JANUARY 1, 2022, NOT EXCEEDING 25
89+24 YEARS. 26
9990
100- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
101-October 1, 2022.
91+ (IV) 1. SUBJECT TO SUBSUBPARA GRAPH 2 OF THIS 27
92+SUBPARAGRAPH AND EXC EPT AS PROVIDED IN S UBSUBPARAGRAPH 3 OF THIS 28
93+SUBPARAGRAPH , A SURVIVING SPOUSE O F AN ORPHANS’ COURT JUDGE SHALL BE 29
94+PAID ONE–HALF OF THE PENSION TO WHICH THE JUDGE W AS ENTITLED AT THE T IME 30
95+OF THE JUDGE’S DEATH, OR WOULD HAVE BEEN E NTITLED ON ATTAINING 60 YEARS 31
96+OF AGE. 32 SENATE BILL 432 3
10297
103-Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.
98+
99+
100+ 2. A PENSION SHALL BE PAI D TO A SURVIVING SPO USE 1
101+UNTIL THE SURVIVING SPOUSE’S DEATH OR REMARRIAGE . 2
102+
103+ 3. A SURVIVING SPOUSE IS NOT ENTITLED TO A PE NSION 3
104+IF THE SURVIVING SPO USE WAS MARRIED TO A N ACTIVE OR RETIRED JUDGE FOR A 4
105+PERIOD OF LESS THAN 3 YEARS BEFORE THE ACT IVE JUDGE’S DEATH OR THE 5
106+RETIRED JUDGE ’S RETIREMENT . 6
107+
108+ (V) THE COUNTY COUNCIL SHALL ESTABLI SH, BY LAW: 7
109+
110+ 1. REQUIREMENTS FOR AN ORPHANS’ COURT JUDGE TO 8
111+CONTRIBUTE TO THE PE NSION SYSTEM; 9
112+
113+ 2. PROCEDURES AND REQUIR EMENTS FOR PURCHASIN G 10
114+ELIGIBILITY SERVICE CREDIT; AND 11
115+
116+ 3. ANY OTHER PROVISIONS NECESSARY TO CAR RY OUT 12
117+THIS PARAGRAPH . 13
118+
119+ [(7)] (8) The pension or salary may be suspended during any month the 14
120+judge is a full–time employee of any county or of this State. 15
121+
122+ [(8)] (9) Notwithstanding any provision of this section an Orphans’ Court 16
123+judge may not receive a pension under this section if the judge is receiving any other State 17
124+pension based on service as an Orphans’ Court judge. 18
125+
126+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
127+October 1, 2022. 20
128+
129+
130+
131+
132+Approved:
133+________________________________________________________________________________
134+ Governor.
135+________________________________________________________________________________
136+ President of the Senate.
137+________________________________________________________________________________
138+ Speaker of the House of Delegates.