MD
Maryland House Bill HB163

Maryland 2023 Regular Session

Maryland House Bill HB163 Compare Versions

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1- WES MOORE, Governor Ch. 72
21
3-– 1 –
4-Chapter 72
5-(House Bill 163)
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+ *hb0163*
89
9-Law Enforcement Officers’ Pension System – Crisfield Police Department
10+HOUSE BILL 163
11+P6 3lr1718
12+HB 1445/22 – APP CF SB 68
13+By: Delegate Otto
14+Introduced and read first time: January 16, 2023
15+Assigned to: Appropriations
16+Committee Report: Favorable
17+House action: Adopted
18+Read second time: March 10, 2023
1019
11-FOR the purpose of requiring membership in the Law Enforcement Officers’ Pension
12-System for certain local law enforcement officers of the Crisfield Police Department
13-under certain circumstances; providing that a certain individual is entitled to
14-eligibility service and creditable service that was earned before the effective date of
15-the Crisfield Police Department’s participation in the Law Enforcement Officers’
16-Pension System; providing that an individual who receives certain service credit is
17-not a member of and has no rights to a benefit in the Employees’ Pension System;
18-providing for the transfer of creditable service for a certain individual; providing for
19-the transfer and crediting of certain assets on the effective date of participation; and
20-generally relating to the Crisfield Police Department’s participation in the Law
21-Enforcement Officers’ Pension System.
20+CHAPTER ______
2221
23-BY repealing and reenacting, without amendments,
24- Article – State Personnel and Pensions
25-Section 31–2A–05(c)
26- Annotated Code of Maryland
27- (2015 Replacement Volume and 2022 Supplement)
22+AN ACT concerning 1
2823
29-BY adding to
30- Article – State Personnel and Pensions
31- Section 31–2A–06
32- Annotated Code of Maryland
33- (2015 Replacement Volume and 2022 Supplement)
24+Law Enforcement Officers’ Pension System – Crisfield Police Department 2
3425
35- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
36-That the Laws of Maryland read as follows:
26+FOR the purpose of requiring membership in the Law Enforcement Officers’ Pension 3
27+System for certain local law enforcement officers of the Crisfield Police Department 4
28+under certain circumstances; providing that a certain individual is entitled to 5
29+eligibility service and creditable service that was earned before the effective date of 6
30+the Crisfield Police Department’s participation in the Law Enforcement Officers’ 7
31+Pension System; providing that an individual who receives certain service credit is 8
32+not a member of and has no rights to a benefit in the Employees’ Pension System; 9
33+providing for the transfer of creditable service for a certain individual; providing for 10
34+the transfer and crediting of certain assets on the effective date of participation; and 11
35+generally relating to the Crisfield Police Department’s participation in the Law 12
36+Enforcement Officers’ Pension System. 13
3737
38-Article – State Personnel and Pensions
38+BY repealing and reenacting, without amendments, 14
39+ Article – State Personnel and Pensions 15
40+Section 31–2A–05(c) 16
41+ Annotated Code of Maryland 17
42+ (2015 Replacement Volume and 2022 Supplement) 18
3943
40-31–2A–05.
44+BY adding to 19
45+ Article – State Personnel and Pensions 20
46+ Section 31–2A–06 21
47+ Annotated Code of Maryland 22
48+ (2015 Replacement Volume and 2022 Supplement) 23 2 HOUSE BILL 163
4149
42- (c) (1) On the effective date:
4350
44- (i) the assets to the credit of the local plan or State system that
45-relate to the law enforcement officers, firefighters, or paramedics who elect to become
46-members shall be transferred to the Law Enforcement Officers’ Pension System; and
4751
48- (ii) the trustee or other administrative head of the local plan or State
49-system shall certify the proportion of the funds of the local plan or State system that Ch. 72 2023 LAWS OF MARYLAND
52+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
53+That the Laws of Maryland read as follows: 2
5054
51-– 2 –
52-represents the accumulated contributions of the members as of that date.
55+Article – State Personnel and Pensions 3
5356
54- (2) The accumulated contributions shall be credited to the respective
55-annuity savings accounts of the members in the Law Enforcement Officers’ Pension
56-System.
57+31–2A–05. 4
5758
58- (3) The balance of the funds transferred to the Law Enforcement Officers’
59-Pension System shall be offset against the special accrued liability to be funded by the
60-participating governmental unit as provided by § 21–306.1(d) of this article.
59+ (c) (1) On the effective date: 5
6160
62-31–2A–06.
61+ (i) the assets to the credit of the local plan or State system that 6
62+relate to the law enforcement officers, firefighters, or paramedics who elect to become 7
63+members shall be transferred to the Law Enforcement Officers’ Pension System; and 8
6364
64- (A) THIS SECTION APPLIES TO AN INDIVIDUAL WHO IS A LOCAL LAW
65-ENFORCEMENT OFFICER OF THE CRISFIELD POLICE DEPARTMENT :
65+ (ii) the trustee or other administrative head of the local plan or State 9
66+system shall certify the proportion of the funds of the local plan or State system that 10
67+represents the accumulated contributions of the members as of that date. 11
6668
67- (1) IN A PERMANENT FULL –TIME POSITION BEFORE THE EFFECTIVE
68-DATE, AND WHO REMAINS A LO CAL LAW ENFORCEMENT OFFICER OF THE CRISFIELD
69-POLICE DEPARTMENT IN A PERMA NENT FULL–TIME POSITION THROUG H THE
70-EFFECTIVE DATE ; OR
69+ (2) The accumulated contributions shall be credited to the respective 12
70+annuity savings accounts of the members in the Law Enforcement Officers’ Pension 13
71+System. 14
7172
72- (2) IN A PERMANENT FULL –TIME POSITION AFTER THE EFFECTIVE
73-DATE.
73+ (3) The balance of the funds transferred to the Law Enforcement Officers’ 15
74+Pension System shall be offset against the special accrued liability to be funded by the 16
75+participating governmental unit as provided by § 21–306.1(d) of this article. 17
7476
75- (B) NOTWITHSTANDING ANY O THER PROVISION OF LA W, IF THE CRISFIELD
76-POLICE DEPARTMENT BECOMES A PARTICIPATING GOVERN MENTAL UNIT IN THE
77-LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM, MEMBERSHIP IN THE LAW
78-ENFORCEMENT OFFICERS’ PENSION SYSTEM IS MANDATORY F OR AN INDIVIDUAL
79-DESCRIBED UNDER SUBS ECTION (A) OF THIS SECTION.
77+31–2A–06. 18
8078
81- (C) IF THE CRISFIELD POLICE DEPARTMENT COMMENCES PARTICIPATION
82-IN THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM IN ACCORDANCE WITH
83-SUBSECTION (B) OF THIS SECTION, AN INDIVIDUAL DESCRI BED UNDER SUBSECTION
84-(A)(1) OF THIS SECTION IS E NTITLED TO ELIGIBILI TY SERVICE AND CREDI TABLE
85-SERVICE IN THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM FOR
86-EMPLOYMENT WITH THE CRISFIELD POLICE DEPARTMENT BEFORE THE EFFECTIVE
87-DATE.
79+ (A) THIS SECTION APPLIES TO AN INDIVIDUAL WHO IS A LOCAL LAW 19
80+ENFORCEMENT OFFICER OF THE CRISFIELD POLICE DEPARTMENT : 20
8881
89- (D) ON JOINING THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM
90-AND RECEIVING SERVIC E CREDIT AS PROVIDED UNDER SUBSECTION (C) OF THIS
91-SECTION, AN INDIVIDUAL DESCRI BED UNDER SUBSECTION (A)(1) OF THIS SECTION
92-SHALL:
82+ (1) IN A PERMANENT FULL –TIME POSITION BEFORE THE EFFECTIVE 21
83+DATE, AND WHO REMAINS A LO CAL LAW ENFORCEMENT OFFICER OF THE CRISFIELD 22
84+POLICE DEPARTMENT IN A PERMA NENT FULL–TIME POSITION THROUGH THE 23
85+EFFECTIVE DATE ; OR 24
9386
94- (1) NO LONGER BE A MEMBE R OF THE EMPLOYEES’ PENSION WES MOORE, Governor Ch. 72
87+ (2) IN A PERMANENT FULL –TIME POSITION AFTER THE EFFECTIVE 25
88+DATE. 26
9589
96-– 3 –
97-SYSTEM; AND
90+ (B) NOTWITHSTANDING ANY O THER PROVISION OF LA W, IF THE CRISFIELD 27
91+POLICE DEPARTMENT BECOMES A PARTICIPATING GOVERN MENTAL UNIT IN THE 28
92+LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM, MEMBERSHIP IN THE LAW 29
93+ENFORCEMENT OFFICERS’ PENSION SYSTEM IS MANDATORY F OR AN INDIVIDUAL 30
94+DESCRIBED UNDER SUBS ECTION (A) OF THIS SECTION. 31
95+ HOUSE BILL 163 3
9896
99- (2) HAVE NO FURTHER RIGH TS TO ANY BENEFIT IN THE EMPLOYEES’
100-PENSION SYSTEM.
10197
102- (E) THE TRANSFER OF CREDI TABLE SERVICE FOR AN INDIVIDUAL
103-DESCRIBED IN SUBSECT ION (A)(1) OF THIS SECTION WHO IS A MEM BER OF THE
104-EMPLOYEES’ PENSION SYSTEM THROUGH THE EF FECTIVE DATE , AND WHO
105-TRANSFERS TO THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM UNDER THIS
106-SECTION, IS NOT GOVERNED BY TITLE 37 OF THIS ARTICLE.
98+ (C) IF THE CRISFIELD POLICE DEPARTMENT COMMENCES PARTICIPATION 1
99+IN THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM IN ACCORDANCE WITH 2
100+SUBSECTION (B) OF THIS SECTION, AN INDIVIDUAL DESCRI BED UNDER SUBSECTION 3
101+(A)(1) OF THIS SECTION IS E NTITLED TO ELIGIBILI TY SERVICE AND CREDITABLE 4
102+SERVICE IN THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM FOR 5
103+EMPLOYMENT WITH THE CRISFIELD POLICE DEPARTMENT BEFORE THE EFFECTIVE 6
104+DATE. 7
107105
108- (F) IF THE CRISFIELD POLICE DEPARTMENT BECOMES A PARTICIPAT ING
109-GOVERNMENTAL UNIT IN THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM, §
110-31–2A–05(C) OF THIS SUBTITLE SHA LL GOVERN THE TRANSF ER AND CREDITING OF
111-ASSETS ON THE EFFECT IVE DATE.
106+ (D) ON JOINING THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM 8
107+AND RECEIVING SERVIC E CREDIT AS PROVIDED UNDER SUBSECTION (C) OF THIS 9
108+SECTION, AN INDIVIDUAL DESCRI BED UNDER SUBSECTION (A)(1) OF THIS SECTION 10
109+SHALL: 11
112110
113- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June
114-1, 2023.
111+ (1) NO LONGER BE A MEMBE R OF THE EMPLOYEES’ PENSION 12
112+SYSTEM; AND 13
115113
116-Approved by the Governor, April 11, 2023.
114+ (2) HAVE NO FURTHER RIGH TS TO ANY BENEFIT IN THE EMPLOYEES’ 14
115+PENSION SYSTEM. 15
116+
117+ (E) THE TRANSFER OF CREDI TABLE SERVICE FOR AN INDIVIDUAL 16
118+DESCRIBED IN SUBSECT ION (A)(1) OF THIS SECTION WHO IS A MEMBER OF THE 17
119+EMPLOYEES’ PENSION SYSTEM THROUGH THE EF FECTIVE DATE , AND WHO 18
120+TRANSFERS TO THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM UNDER THI S 19
121+SECTION, IS NOT GOVERNED BY TITLE 37 OF THIS ARTICLE. 20
122+
123+ (F) IF THE CRISFIELD POLICE DEPARTMENT BECOMES A PARTICIPATING 21
124+GOVERNMENTAL UNIT IN THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM, § 22
125+31–2A–05(C) OF THIS SUBTITLE SHA LL GOVERN THE TRANSF ER AND CREDITI NG OF 23
126+ASSETS ON THE EFFECT IVE DATE. 24
127+
128+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 25
129+1, 2023. 26
130+
131+
132+
133+Approved:
134+________________________________________________________________________________
135+ Governor.
136+________________________________________________________________________________
137+ Speaker of the House of Delegates.
138+________________________________________________________________________________
139+ President of the Senate.