LAWRENCE J. HOGAN, JR., Governor Ch. 602
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Chapter 602
(Senate Bill 432)
AN ACT concerning
Baltimore County – Orphans’ Court Judges and Surviving Spouses – Pensions
FOR the purpose of requiring Baltimore County to pay Orphans’ Court judges and their
surviving spouses a certain pension under certain circumstances; requiring the
County Council of Baltimore County to establish, by law, certain requirements and
procedures relating to the pension of a judge of the Orphans’ Court; and generally
relating to the pension of a judge of the Orphans’ Court for Baltimore County.
BY repealing and reenacting, with amendments,
Article – Estates and Trusts
Section 2–108(x)(1), (7), and (8)
Annotated Code of Maryland
(2017 Replacement Volume and 2021 Supplement)
BY adding to
Article – Estates and Trusts
Section 2–108(x)(7)
Annotated Code of Maryland
(2017 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Estates and Trusts
2–108.
(x) (1) Except in Montgomery, Frederick, Carroll, Talbot, Cecil, Kent, Queen
Anne’s, [Baltimore,] Garrett, and Harford counties and Baltimore City, and except as
OTHERWISE provided in [paragraphs (3) and (4) of] this subsection, a county shall pay a
pension, in the same manner as salaries are paid during active service, to each judge of the
Orphans’ Court who:
(i) Has terminated active service;
(ii) Has reached 60 years of age; and
(iii) Has completed at least two terms of office.
(7) (I) THIS PARAGRAPH APPLIE S ONLY IN BALTIMORE COUNTY. Ch. 602 2022 LAWS OF MARYLAND
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(II) AN ORPHAN’S ORPHANS’ COURT JUDGE IS ELIGIB LE FOR A
PENSION UNDER THIS S UBSECTION ONLY IF THE JUDGE WA S IN OFFICE ON OR AFTER
JANUARY 1, 2022.
(III) THE PENSION SHALL BE THE GREATER OF :
1. $1,200 ANNUALLY; OR
2. AN ANNUAL AMOUNT CALC ULATED AT THE RATE O F
4% OF THE LAST ANNUAL A MOUNT OF COMPENSATIO N MULTIPLIED BY THE NUMBER
OF YEARS OF SERVICE BEGINNING ON OR AFTE R JANUARY 1, 2022, NOT EXCEEDING
24 YEARS.
(IV) 1. SUBJECT TO SUBSUBPARA GRAPH 2 OF THIS
SUBPARAGRAPH AND EXC EPT AS PROVIDED IN S UBSUBPARAGRAPH 3 OF THIS
SUBPARAGRAPH , A SURVIVING SPOUSE O F AN ORPHANS’ COURT JUDGE SHALL BE
PAID ONE–HALF OF THE PENSION TO WHICH THE JUDGE W AS ENTITLED AT THE T IME
OF THE JUDGE’S DEATH, OR WOULD HAVE BEEN E NTITLED ON ATTAINING 60 YEARS
OF AGE.
2. A PENSION SHALL BE PAI D TO A SURVIVING SPO USE
UNTIL THE SURVIVING SPOUSE’S DEATH OR REMARRIAGE .
3. A SURVIVING SPOUSE IS NOT ENTITLED TO A PE NSION
IF THE SURVIVING SPO USE WAS MARRIED TO A N ACTIVE OR RETIRED JUDGE FOR A
PERIOD OF LESS THAN 3 YEARS BEFORE THE ACT IVE JUDGE’S DEATH OR THE
RETIRED JUDGE ’S RETIREMENT .
(V) THE COUNTY COUNCIL SHALL ESTABLI SH, BY LAW:
1. REQUIREMENTS FOR AN ORPHANS’ COURT JUDGE TO
CONTRIBUTE TO THE PE NSION SYSTEM;
2. PROCEDURES AND REQUIR EMENTS FOR PURCHASIN G
ELIGIBILITY SERVICE CREDIT; AND
3. ANY OTHER PROVISIONS NECESSARY TO CARRY O UT
THIS PARAGRAPH .
[(7)] (8) The pension or salary may be suspended during any month the
judge is a full–time employee of any county or of this State.
LAWRENCE J. HOGAN, JR., Governor Ch. 602
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[(8)] (9) Notwithstanding any provision of this section an Orphans’ Court
judge may not receive a pension under this section if the judge is receiving any other State
pension based on service as an Orphans’ Court judge.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2022.
Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.