Maryland 2022 Regular Session

Maryland Senate Bill SB502 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	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	5		sb0502
9	6
10	7		SENATE BILL 502
11	8		P6 2lr1812
12		-	CF ~~HB 744~~
	9	+	CF 2lr1811
13	10		By: Senator Elfreth (Chair, Joint Committee on Pensions)
14	11		Introduced and read first time: January 27, 2022
15	12		Assigned to: Budget and Taxation
16		-	Committee Report: Favorable with amendments
17		-	Senate action: Adopted
18		-	Read second time: February 15, 2022
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24	18		State Retirement and Pension System – Administration – Clarifications and 2
25	19		Corrections 3
26	20
27	21		FOR the purpose of clarifying that certain elected trustees be active members of certain 4
28	22		systems; clarifying that certain State Retirement and Pension System trustee 5
29	23		elections limit voting to individuals who are active members of certain systems; 6
30	24		clarifying the survivor benefit for certain beneficiaries of certain retirees of the State 7
31	25		Police Retirement System; clarifying that certain individuals who are retirees of the 8
32	26		Correctional Officers’ Retirement System are exempt from a certain earnings offset 9
33	27		under certain circumstances if the individuals are reemployed as parole and 10
34	28		probation employees; repealing certain obsolete provisions of law that authorize the 11
35	29		purchase of certain service credit in the Judges’ Retirement System; requiring the 12
36	30		Board of Trustees for the State Retirement and Pension System to accept certain 13
37		-	applications for retirement; requiring service credit for certain members of the 14
38		-	Employees’ Pension System to be transferred to the Correctional Officers’ 15
39		-	Retirement System; and generally relating to the administration of the State 16
40		-	Retirement and Pension System. 17
	31	+	applications for retirement; and generally relating to the administration of the State 14
	32	+	Retirement and Pension System. 15
41	33
42		-	BY repealing and reenacting, with amendments, 18
43		-	Article – State Personnel and Pensions 19
44		-	Section 21–104(a)(4)(i), (iii), and (v) and (b)(1), 24–401.1(j)(2), 25–403(b), and 20
45		-	27–301 21
46		-	Annotated Code of Maryland 22
47		-	(2015 Replacement Volume and 2021 Supplement) 23
48		-	2 SENATE BILL 502
	34	+	BY repealing and reenacting, with amendments, 16
	35	+	Article – State Personnel and Pensions 17
	36	+	Section 21–104(a)(4)(i), (iii), and (v) and (b)(1), 24–401.1(j)(2), 25–403(b), and 18
	37	+	27–301 19
	38	+	Annotated Code of Maryland 20
	39	+	(2015 Replacement Volume and 2021 Supplement) 21
	40	+
	41	+	BY repealing and reenacting, without amendments, 22
	42	+	Article – State Personnel and Pensions 23
	43	+	Section 24–403 24
	44	+	Annotated Code of Maryland 25
	45	+	(2015 Replacement Volume and 2021 Supplement) 26
	46	+
	47	+	BY repealing 27
	48	+	Article – State Personnel and Pensions 28 2 SENATE BILL 502
49	49
50	50
51		-	BY repealing and reenacting, without amendments, 1
52		-	Article – State Personnel and Pensions 2
53		-	Section 24–403 3
54		-	Annotated Code of Maryland 4
55		-	(2015 Replacement Volume and 2021 Supplement) 5
	51	+	Section 27–304 1
	52	+	Annotated Code of Maryland 2
	53	+	(2015 Replacement Volume and 2021 Supplement) 3
56	54
57		-	BY repealing 6
58		-	Article – State Personnel and Pensions 7
59		-	Section 27–304 8
60		-	Annotated Code of Maryland 9
61		-	(2015 Replacement Volume and 2021 Supplement) 10
	55	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
	56	+	That the Laws of Maryland read as follows: 5
62	57
63		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
64		-	That the Laws of Maryland read as follows: 12
	58	+	Article – State Personnel and Pensions 6
65	59
66		-	~~Article – State Personnel and Pensions 13~~
	60	+	21–104. 7
67	61
68		-	~~21–104. 14~~
	62	+	(a) The Board of Trustees consists of the following 15 trustees: 8
69	63
70		-	(a) ~~The Board of~~ Trustees ~~consists of the following 15 trustees~~: 15
	64	+	(4) 12 trustees elected or appointed as follows: 9
71	65
72		-	(4) 12 trustees elected or appointed as follows: 16
	66	+	(i) one trustee who is [a] AN ACTIVE member of the Correctional 10
	67	+	Officers’ Retirement System, the Employees’ Pension System, the Employees’ Retirement 11
	68	+	System, the Judges’ Retirement System, the Legislative Pension Plan, the Local Fire and 12
	69	+	Police System, or the Law Enforcement Officers’ Pension Plan, who shall be elected as 13
	70	+	provided in subsection (b) of this section and may not be an employee of the State 14
	71	+	Retirement Agency; 15
73	72
74		-	(i) one trustee who is [a] AN ACTIVE member of the Correctional 17
75		-	Officers’ Retirement System, the Employees’ Pension System, the Employees’ Retirement 18
76		-	System, the Judges’ Retirement System, the Legislative Pension Plan, the Local Fire and 19
77		-	Police System, or the Law Enforcement Officers’ Pension Plan, who shall be elected as 20
78		-	provided in subsection (b) of this section and may not be an employee of the State 21
79		-	Retirement Agency; 22
	73	+	(iii) one trustee who is [a] AN ACTIVE member of the Teachers’ 16
	74	+	Pension System or the Teachers’ Retirement System, who shall be elected as provided in 17
	75	+	subsection (b) of this section and may not be an employee of the State Retirement Agency; 18
80	76
81		-	(~~iii~~) one trustee who is [a] AN ACTIVE member of the ~~Teachers’ 23~~
82		-	~~Pension System or the Teachers’~~ Retirement System, who shall be elected as provided in 24
83		-	~~subsection (b) of this~~ section and may not be an employee of the State Retirement Agency; 25
	77	+	(v) one trustee who is either [a] AN ACTIVE member or retiree of the 19
	78	+	State Police Retirement System, who shall be elected as provided in subsection (b) of this 20
	79	+	section and may not be an employee of the State Retirement Agency; 21
84	80
85		-	(v) one trustee who is either [a] AN ACTIVE member or retiree of the 26
86		-	State Police Retirement System, who shall be elected as provided in subsection (b) of this 27
87		-	section and may not be an employee of the State Retirement Agency; 28
	81	+	(b) (1) (i) The trustees who are members or retirees of the Correctional 22
	82	+	Officers’ Retirement System, the Employees’ Pension System, the Employees’ Retirement 23
	83	+	System, the Judges’ Retirement System, the Legislative Pension Plan, the Local Fire and 24
	84	+	Police System, or the Law Enforcement Officers’ Pension Plan shall be elected by the 25
	85	+	ACTIVE members and the retirees of those State systems. 26
88	86
89		-	(b) (1) (i) The trustees who are members or retirees of the Correctional 29
90		-	Officers’ Retirement System, the Employees’ Pension System, the Employees’ Retirement 30
91		-	System, the Judges’ Retirement System, the Legislative Pension Plan, the Local Fire and 31
92		-	Police System, or the Law Enforcement Officers’ Pension Plan shall be elected by the 32
93		-	ACTIVE members and the retirees of those State systems. 33
	87	+	(ii) The trustees who are members or retirees of the Teachers’ 27
	88	+	Pension System or the Teachers’ Retirement System shall be elected by the ACTIVE 28
	89	+	members and the retirees of those State systems. 29
94	90
95		-	(ii) The trustees who are members or retirees of the Teachers’ 34
96		-	Pension System or the Teachers’ Retirement System shall be elected by the ACTIVE 35
97		-	members and the retirees of those State systems. 36 SENATE BILL 502 3
	91	+	(iii) The trustee who is a member or retiree of the State Police 30
	92	+	Retirement System shall be elected by the ACTIVE members and the retirees of that State 31
	93	+	system. 32
	94	+
	95	+	(iv) The elections shall be conducted under regulations that the 33
	96	+	Board of Trustees adopts. 34 SENATE BILL 502 3
98	97
99	98
100	99
101		-	(iii) The trustee who is a member or retiree of the State Police 1
102		-	Retirement System shall be elected by the ACTIVE members and the retirees of that State 2
103		-	system. 3
	100	+	24–401.1. 1
104	101
105		-	(iv) The elections shall be conducted under regulations that the 4
106		-	Board of Trustees adopts. 5
	102	+	(j) (2) If a DROP member dies before termination of the DROP member’s 2
	103	+	participation in the DROP, the Board of Trustees shall pay [50% of the normal service 3
	104	+	retirement allowance, including the cost–of–living adjustments as provided in §§ 29–401 4
	105	+	through 29–403 and 29–408 of this article,] THE SURVIVOR BENEFIT to the beneficiary as 5
	106	+	provided in § 24–403 of this subtitle. 6
107	107
108		-	24–~~401.1~~. 6
	108	+	24–403. 7
109	109
110		-	(j) (2) If a DROP member dies before termination of the DROP member’s 7
111		-	participation in the DROP, the Board of Trustees shall pay [50% of the normal service 8
112		-	retirement allowance, including the cost–of–living adjustments as provided in §§ 29–401 9
113		-	through 29–403 and 29–408 of this article,] THE SURVIVOR BENEFIT to the beneficiary as 10
114		-	provided in § 24–403 of this subtitle. 11
	110	+	(a) This section applies only to a retiree who has retired with a service retirement 8
	111	+	allowance or a disability retirement allowance or a former member who has retired with a 9
	112	+	deferred vested allowance. 10
115	113
116		-	24–403. 12
	114	+	(b) On the death of a retiree or former member, the Board of Trustees shall pay 11
	115	+	80% of the retiree’s retirement allowance: 12
117	116
118		-	(a) This section applies only to a retiree who has retired with a service retirement 13
119		-	allowance or a disability retirement allowance or a former member who has retired with a 14
120		-	deferred vested allowance. 15
	117	+	(1) to the surviving spouse; or 13
121	118
122		-	(b) On the death of a retiree or former member, the Board of Trustees shall pay 16
123		-	80% of the retiree’s retirement allowance: 17
	119	+	(2) if there is no surviving spouse or if the surviving spouse dies, to any 14
	120	+	children of the deceased retiree who are under 18 years of age or disabled, as defined under 15
	121	+	§ 72(m)(7) of the Internal Revenue Code, in accordance with subsection (c) of this section. 16
124	122
125		-	(1) to the surviving spouse; or 18
	123	+	(c) (1) Except as provided in paragraphs (2) and (3) of this subsection, if the 17
	124	+	Board of Trustees pays an allowance to more than one child, the Board of Trustees shall 18
	125	+	divide the allowance among the children in a manner that provides for payments to 19
	126	+	continue until: 20
126	127
127		-	(2) if there is no surviving spouse or if the surviving spouse dies, to any 19
128		-	children of the deceased retiree who are under 18 years of age or disabled, as defined under 20
129		-	§ 72(m)(7) of the Internal Revenue Code, in accordance with subsection (c) of this section. 21
	128	+	(i) each child has died; or 21
130	129
131		-	(c) (1) Except as provided in paragraphs (2) and (3) of this subsection, if the 22
132		-	Board of Trustees pays an allowance to more than one child, the Board of Trustees shall 23
133		-	divide the allowance among the children in a manner that provides for payments to 24
134		-	continue until: 25
	130	+	(ii) each child becomes 18 years old. 22
135	131
136		-	(i) each child has died; or 26
	132	+	(2) Notwithstanding paragraph (1)(ii) of this subsection, a surviving child 23
	133	+	who is disabled shall continue to receive an allowance under paragraph (1) of this 24
	134	+	subsection past the age of 18 years, if the child continues to be disabled. 25
137	135
138		-	(ii) each child becomes 18 years old. 27
	136	+	(3) (i) If a surviving child receiving an allowance under paragraph (1) 26
	137	+	of this subsection is disabled, as defined under § 72(m)(7) of the Internal Revenue Code, the 27
	138	+	Board of Trustees shall pay to the disabled surviving child an allowance equal to the total 28
	139	+	of the allowances paid under paragraph (1) of this subsection after: 29
139	140
140		-	(2) Notwithstanding paragraph (1)(ii) of this subsection, a surviving child 28
141		-	who is disabled shall continue to receive an allowance under paragraph (1) of this 29
142		-	subsection past the age of 18 years, if the child continues to be disabled. 30
	141	+	1. all other nondisabled surviving children have died; or 30
143	142
144		-	(3) (i) If a surviving child receiving an allowance under paragraph (1) 31
145		-	of this subsection is disabled, as defined under § 72(m)(7) of the Internal Revenue Code, the 32 4 SENATE BILL 502
	143	+	2. the youngest nondisabled surviving child becomes 18 31
	144	+	years old. 32
	145	+	4 SENATE BILL 502
146	146
147	147
148		-	Board of Trustees shall pay to the disabled surviving child an allowance equal to the total 1
149		-	of the allowances paid under paragraph (1) of this subsection after: 2
	148	+	(ii) If more than one surviving child is disabled, as defined under § 1
	149	+	72(m)(7) of the Internal Revenue Code, the allowance payable under this paragraph shall 2
	150	+	be divided equally among the disabled children. 3
150	151
151		-	1. ~~all other nondisabled surviving children have died; or 3~~
	152	+	25–403. 4
152	153
153		-	2. the ~~youngest nondisabled surviving child becomes 18 4~~
154		-	~~years old.~~ 5
	154	+	(b) (1) The Board of Trustees shall reduce the allowance of an individual who 5
	155	+	accepts employment as provided under subsection (a) of this section if: 6
155	156
156		-	(ii) If more than one surviving child is disabled, as defined under § 6
157		-	72(m)(7) of the Internal Revenue Code, the allowance payable under this paragraph shall 7
158		-	be divided equally among the disabled children. 8
	157	+	(i) the individual’s current employer is a participating employer 7
	158	+	other than the State and is the same participating employer that employed the individual 8
	159	+	at the time of the individual’s last separation from employment with a participating 9
	160	+	employer before the individual commenced receiving a service retirement allowance or 10
	161	+	vested allowance; or 11
159	162
160		-	25–403. 9
	163	+	(ii) the individual’s current employer is any unit of State government 12
	164	+	and the individual’s employer at the time of the individual’s last separation from 13
	165	+	employment with the State before the individual commenced receiving a service retirement 14
	166	+	allowance or vested allowance was also a unit of State government. 15
161	167
162		-	(b) (1) The Board of Trustees shall reduce the allowance of an individual who 10
163		-	accepts employment as provided under subsection (a) of this section if: 11
	168	+	(2) (i) Subject to subparagraphs (ii) and (iii) of this paragraph, the 16
	169	+	reduction under paragraph (1) of this subsection shall equal the amount by which the sum 17
	170	+	of the individual’s initial annual basic allowance and the individual’s annual compensation 18
	171	+	exceeds the average final compensation used to compute the basic allowance. 19
164	172
165		-	(i) the individual’s current employer is a participating employer 12
166		-	other than the State and is the same participating employer that employed the individual 13
167		-	at the time of the individual’s last separation from employment with a participating 14
168		-	employer before the individual commenced receiving a service retirement allowance or 15
169		-	vested allowance; or 16
	173	+	(ii) Any reduction taken under this subsection may not reduce the 20
	174	+	retiree’s allowance to an amount less than the required deduction for: 21
170	175
171		-	(ii) the individual’s current employer is any unit of State government 17
172		-	and the individual’s employer at the time of the individual’s last separation from 18
173		-	employment with the State before the individual commenced receiving a service retirement 19
174		-	allowance or vested allowance was also a unit of State government. 20
	176	+	1. if the retiree retired from any unit of State government, 22
	177	+	the retiree’s monthly State–approved medical insurance premiums; or 23
175	178
176		-	(2) (i) Subject to subparagraphs (ii) and (iii) of this paragraph, the 21
177		-	reduction under paragraph (1) of this subsection shall equal the amount by which the sum 22
178		-	of the individual’s initial annual basic allowance and the individual’s annual compensation 23
179		-	exceeds the average final compensation used to compute the basic allowance. 24
	179	+	2. if the retiree retired from a participating employer other 24
	180	+	than the State, the approved monthly medical insurance premiums required by the 25
	181	+	participating employer that employed the retiree at the time of the retiree’s retirement. 26
180	182
181		-	(ii) Any reduction taken under this subsection may not reduce the 25
182		-	retiree’s allowance to an amount less than the required deduction for: 26
	183	+	(iii) The Board of Trustees shall recover from the retiree any 27
	184	+	difference between the reduction required under subparagraph (i) of this paragraph and 28
	185	+	the reduction taken under subparagraph (ii) of this paragraph. 29
183	186
184		-	1. if the retiree retired from any unit of State government, 27
185		-	the retiree’s monthly State–approved medical insurance premiums; or 28
	187	+	(3) The reduction under this subsection does not apply to: 30
186	188
187		-	2. if the retiree retired from a participating employer other 29
188		-	than the State, the approved monthly medical insurance premiums required by the 30
189		-	participating employer that employed the retiree at the time of the retiree’s retirement. 31
	189	+	(i) an individual who has been retired for 5 years, beginning on 31
	190	+	January 1, after the date the individual retires; 32
190	191
191		-	(iii) The Board of Trustees shall recover from the retiree any 32
192		-	difference between the reduction required under subparagraph (i) of this paragraph and 33
193		-	the reduction taken under subparagraph (ii) of this paragraph. 34
	192	+	(ii) an individual whose average final compensation was less than 33
	193	+	$25,000 and who is reemployed on a permanent, temporary, or contractual basis; 34
194	194		SENATE BILL 502 5
195	195
196	196
197		-	(3) The reduction under this subsection does not apply to: 1
	197	+	(iii) an individual who is serving in an elected position as an official 1
	198	+	of a participating governmental unit or as a constitutional officer for a county that is a 2
	199	+	participating governmental unit; [or] 3
198	200
199		-	(i) an individual who has been retired for 5 years, beginning on 2
200		-	January 1, after the date the individual retires; 3
	201	+	(iv) a retiree of the Correctional Officers’ Retirement System who is 4
	202	+	reemployed on a contractual basis for not more than 4 years by the Division of Corrections, 5
	203	+	the Division of Pretrial Detention and Services, or the Patuxent Institution in the 6
	204	+	Department of Public Safety and Correctional Services as a correctional officer in a 7
	205	+	correctional facility defined in § 1–101 of the Correctional Services Article; OR 8
201	206
202		-	(ii) an individual whose average final compensation was less than 4
203		-	$25,000 and who is reemployed on a permanent, temporary, or contractual basis; 5
	207	+	(V) A RETIREE OF THE CORRECTIONAL OFFICERS’ 9
	208	+	RETIREMENT SYSTEM WHO IS REEMPLO YED ON A CONTRACTUAL BASIS FOR NOT 10
	209	+	MORE THAN 4 YEARS AS A PAROLE AN D PROBATION EMPLOYEE IN A POSITION 11
	210	+	AUTHORIZED UNDER TITLE 6, SUBTITLE 1 OF THE CORRECTIONAL SERVICES 12
	211	+	ARTICLE. 13
204	212
205		-	(iii) an individual who is serving in an elected position as an official 6
206		-	of a participating governmental unit or as a constitutional officer for a county that is a 7
207		-	participating governmental unit; [or] 8
	213	+	27–301. 14
208	214
209		-	(iv) a retiree of the Correctional Officers’ Retirement System who is 9
210		-	reemployed on a contractual basis for not more than 4 years by the Division of Corrections, 10
211		-	the Division of Pretrial Detention and Services, or the Patuxent Institution in the 11
212		-	Department of Public Safety and Correctional Services as a correctional officer in a 12
213		-	correctional facility defined in § 1–101 of the Correctional Services Article; OR 13
	215	+	A member is entitled to service credit: 15
214	216
215		-	(V) A RETIREE OF THE CORRECTIONAL OFFICERS’ 14
216		-	RETIREMENT SYSTEM WHO IS REEMPLO YED ON A CONTRACTUAL BASIS FOR NOT 15
217		-	MORE THAN 4 YEARS AS A PAROLE AN D PROBATION EMPLOYEE IN A POSITION 16
218		-	AUTHORIZED UNDER TITLE 6, SUBTITLE 1 OF THE CORRECTIONAL SERVICES 17
219		-	ARTICLE. 18
	217	+	(1) for service as a member; 16
220	218
221		-	27–301. 19
	219	+	(2) regained under § 27–302 of this subtitle by a member who redeposits 17
	220	+	accumulated contributions previously withdrawn; 18
222	221
223		-	~~A member is entitled to~~ service ~~credit: 20~~
	222	+	(3) for prior service as provided in § 27–303 of this subtitle; OR 19
224	223
225		-	(1) for service as ~~a member~~; 21
	224	+	(4) for military service as provided in Title 38 of this article[; or 20
226	225
227		-	(2) regained under § 27–302 of this subtitle by a member who redeposits 22
228		-	accumulated contributions previously withdrawn; 23
	226	+	(5) purchased under § 27–304 of this subtitle]. 21
229	227
230		-	~~(3) for prior service as provided in §~~ 27–~~303 of this subtitle; OR 24~~
	228	+	[27–304. 22
231	229
232		-	(4) for military service as provided in Title 38 of this article[; or 25
	230	+	(a) A member may purchase service credit as provided in subsection (b) of this 23
	231	+	section for periods of service described in subsection (c) of this section for which the member 24
	232	+	is not otherwise entitled to service credit. 25
233	233
234		-	(5) ~~purchased~~ under ~~§ 27–304 of~~ this ~~subtitle].~~ 26
	234	+	(b) (1) To purchase service credit under this section, a member must: 26
235	235
236		-	[27–304. 27
	236	+	(i) complete a claim for the service credit and file it with the Board 27
	237	+	of Trustees on the form that the Board of Trustees provides; and 28
237	238
238		-	(a) A member may purchase service credit as provided in subsection (b) of this 28
239		-	section for periods of service described in subsection (c) of this section for which the member 29
240		-	is not otherwise entitled to service credit. 30
241		-
242		-	(b) (1) To purchase service credit under this section, a member must: 31 6 SENATE BILL 502
	239	+	(ii) pay to the Board of Trustees in a single payment 6% of the 29
	240	+	amount received in compensation for that full–time service plus regular interest to the date 30
	241	+	of payment. 31
	242	+	6 SENATE BILL 502
243	243
244	244
	245	+	(2) A member may pay for service credit purchased under this section at 1
	246	+	any time before retirement. 2
245	247
246		-	(i) complete a claim for the service credit and file it with the Board 1
247		-	of Trustees on the form that the Board of Trustees provides; and 2
	248	+	(c) A member may purchase service credit for prior service as: 3
248	249
249		-	(ii) pay to the Board of Trustees in a single payment 6% of the 3
250		-	amount received in compensation for that full–time service plus regular interest to the date 4
251		-	of payment. 5
	250	+	(1) a full–time magistrate in chancery or magistrate in juvenile causes on 4
	251	+	or before June 30, 1975; or 5
252	252
253		-	(2) A member ~~may pay for service credit purchased under this section at~~ 6
254		-	~~any time before retirement~~. 7
	253	+	(2) a member of the State Workers’ Compensation Commission on or before 6
	254	+	June 30, 1977. 7
255	255
256		-	(c) A member may purchase service credit for prior service as: 8
	256	+	(d) Service credit that is purchased under this section may not be used as service 8
	257	+	credit in another retirement or pension system of the State or a political subdivision of the 9
	258	+	State.] 10
257	259
258		-	(1) a full–time magistrate in chancery or magistrate in juvenile causes on 9
259		-	or before June 30, 1975; or 10
	260	+	SECTION 2. AND BE IT FURTHER ENACTED, That: 11
260	261
261		-	(2) ~~a member of~~ the State ~~Workers’ Compensation Commission on or before 11~~
262		-	~~June 30,~~ ~~1977. 12~~
	262	+	(a) This section applies to an Application for Retirement submitted to the State 12
	263	+	Retirement and Pension System by an individual who: 13
263	264
264		-	(d) Service credit that is purchased under this section may not be used as service 13
265		-	credit in another retirement or pension system of the State or a political subdivision of the 14
266		-	State.] 15
	265	+	(1) on or after October 1, 1979, enrolled as a member of the Employees’ 14
	266	+	Retirement System; 15
267	267
268		-	SECTION 2. AND BE IT FURTHER ENACTED, That: 16
	268	+	(2) on or after August 1, 1984, transferred, from the Employees’ Retirement 16
	269	+	System to the Non–Contributory Pension System tier of the Employees’ Pension System of 17
	270	+	the State Retirement and Pension System; 18
269	271
270		-	(a) This section applies to an Application for Retirement submitted to the State 17
271		-	Retirement and Pension System by an individual who: 18
	272	+	(3) on or after April 27, 2021, submitted an Application for Service or 19
	273	+	Disability Retirement to the State Retirement and Pension System that the System 20
	274	+	determined was not properly notarized; 21
272	275
273		-	(1) on or after October 1, 1979, enrolled as a member of the Employees’ 19
274		-	Retirement System; 20
	276	+	(4) died on or after May 1, 2021, but before May 31, 2021; and 22
275	277
276		-	(2) on or after August 1, 1984, transferred, from the Employees’ Retirement 21
277		-	System to the Non–Contributory Pension System tier of the Employees’ Pension System of 22
278		-	the State Retirement and Pension System; 23
	278	+	(5) as a result of the timing of the individual’s death, did not have an 23
	279	+	opportunity to submit a retirement application that was properly notarized. 24
279	280
280		-	(3) on or after April 27, 2021, submitted an Application for Service or 24
281		-	Disability Retirement to the State Retirement and Pension System that the System 25
282		-	determined was not properly notarized; 26
	281	+	(b) An application described in subsection (a) of this section shall be accepted by 25
	282	+	the Board of Trustees for the State Retirement and Pension System. 26
283	283
284		-	(4) died on or after May 1, 2021, but before May 31, 2021; and 27
	284	+	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 27
	285	+	1, 2022. 28
285	286
286		-	(5) as a result of the timing of the individual’s death, did not have an 28
287		-	opportunity to submit a retirement application that was properly notarized. 29
288		-
289		-	(b) An application described in subsection (a) of this section shall be accepted by 30
290		-	the Board of Trustees for the State Retirement and Pension System. 31
291		-	SENATE BILL 502 7
292		-
293		-
294		-	SECTION 3. AND BE IT FURTHER ENACTED, That: 1
295		-
296		-	(a) This section applies to an individual who: 2
297		-
298		-	(1) (i) is at least 64 years old on or before July 1, 2022; 3
299		-
300		-	(ii) enrolled in the Employees’ Pension System of the State 4
301		-	Retirement and Pension System on or after December 1, 1992; 5
302		-
303		-	(iii) accrued at least 34 years of eligibility service as a member of the 6
304		-	Employees’ Pension System; 7
305		-
306		-	(iv) was transferred to the Correctional Officers’ Retirement System 8
307		-	of the State Retirement and Pension System on July 1, 2016, in accordance with the 9
308		-	provisions of Chapters 218 and 219 of the Acts of the General Assembly of 2016; 10
309		-
310		-	(v) after transferring to the Correctional Officers’ Retirement 11
311		-	System on July 1, 2016, did not transfer the service credit accrued in the Employees’ 12
312		-	Pension System to the Correctional Officers’ Retirement System; and 13
313		-
314		-	(vi) 1. applied for a disability retirement from the Correctional 14
315		-	Officers’ Retirement System by submitting a Statement of Disability and Preliminary 15
316		-	Application for Disability Retirement on or after May 1, 2019; and 16
317		-
318		-	2. at the time the individual applied for disability did not 17
319		-	have 5 years of eligibility service in the Correctional Officers’ Retirement System; or 18
320		-
321		-	(2) (i) is at least 50 years old on or before July 1, 2022; 19
322		-
323		-	(ii) enrolled in the Employees’ Pension System of the State 20
324		-	Retirement and Pension System on or after October 1, 2000; 21
325		-
326		-	(iii) accrued at least 17 years of eligibility service as a member of the 22
327		-	Employees’ Pension System; 23
328		-
329		-	(iv) was transferred to the Correctional Officers’ Retirement System 24
330		-	of the State Retirement and Pension System on July 1, 2017, in accordance with the 25
331		-	provisions of Chapters 688 and 689 of the Acts of the General Assembly of 2017; 26
332		-
333		-	(v) after transferring to the Correctional Officers’ Retirement 27
334		-	System on July 1, 2017, did not transfer the service credit accrued in the Employees’ 28
335		-	Pension System to the Correctional Officers’ Retirement System; and 29
336		-
337		-	(vi) 1. applied for a disability retirement from the Correctional 30
338		-	Officers’ Retirement System by submitting a Statement of Disability and Preliminary 31
339		-	Application for Disability Retirement on or after March 1, 2021; and 32
340		-	8 SENATE BILL 502
341		-
342		-
343		-	2. at the time the individual applied for disability did not 1
344		-	have 5 years of eligibility service in the Correctional Officers’ Retirement System. 2
345		-
346		-	(b) On or after June 1, 2022, for an individual described in subsection (a) of this 3
347		-	section, the Board of Trustees for the State Retirement and Pension System shall transfer 4
348		-	all service credit accrued by the individual in the Employees’ Pension System to the 5
349		-	Correctional Officers’ Retirement System. 6
350		-
351		-	(c) (1) Except as provided in paragraph (2) of this subsection, after the Board 7
352		-	of Trustees transfers the individual’s service credit under subsection (b) of this section, the 8
353		-	individual shall deposit in the annuity savings fund of the Correctional Officers’ Retirement 9
354		-	System the sum of: 10
355		-
356		-	(i) the total accumulated contributions to the individual’s credit in 11
357		-	the annuity savings fund of the Employees’ Pension System; and 12
358		-
359		-	(ii) the difference, if any, between the member contributions at the 13
360		-	rate provided for in the Correctional Officers’ Retirement System, including interest on 14
361		-	those contributions, and the total accumulated contributions to the individual’s credit in 15
362		-	the annuity savings fund of the Employees’ Pension System. 16
363		-
364		-	(2) On retirement from the Correctional Officers’ Retirement System, the 17
365		-	individual’s retirement allowance shall be reduced, in accordance with § 21–312 of the State 18
366		-	Personnel and Pensions Article, by the actuarial equivalent of the amounts determined 19
367		-	under paragraph (1)(ii) of this subsection if the member elects not to deposit those amounts 20
368		-	in the annuity savings fund of the Correctional Officers’ Retirement System. 21
369		-
370		-	SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
371		-	June 1, 2022. 23
372		-
373		-
374		-
375		-
376		-
377		-	Approved:
378		-	________________________________________________________________________________
379		-	Governor.
380		-	________________________________________________________________________________
381		-	President of the Senate.
382		-	________________________________________________________________________________
383		-	Speaker of the House of Delegates.