Maryland 2023 2023 Regular Session

Maryland House Bill HB601 Engrossed / Bill

Filed 03/07/2023

                     
 
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. 
          *hb0601*  
  
HOUSE BILL 601 
P6   	3lr2171 
    	CF SB 454 
By: Delegate Forbes 
Introduced and read first time: February 3, 2023 
Assigned to: Appropriations 
Committee Report: Favorable 
House action: Adopted 
Read second time: March 1, 2023 
 
CHAPTER ______ 
 
AN ACT concerning 1 
 
State Police Retirement System, Law Enforcement Officers’ Pension System, 2 
and Judges’ Retirement System – Surviving Spouse Benefit – Same–Sex Spouses 3 
 
FOR the purpose of authorizing the correction of the designated beneficiary election for 4 
certain retirees of the State Police Retirement System, Law Enforcement Officers’ 5 
Pension System, or Judges’ Retirement System who retired on or before a certain 6 
date if the retiree named an individual of the same sex to be a designated beneficiary 7 
and the retiree later married the designated beneficiary; and generally relating to 8 
the State Police Retirement System, Law Enforcement Officers’ Pension System, and 9 
Judges’ Retirement System. 10 
 
BY repealing and reenacting, without amendments, 11 
 Article – State Personnel and Pensions 12 
Section 24–403, 26–402, and 27–403 13 
 Annotated Code of Maryland 14 
 (2015 Replacement Volume and 2022 Supplement) 15 
 
 SECTION 1. BE IT ENACTED BY THE G ENERAL ASSEMBLY OF MARYLAND, 16 
That the Laws of Maryland read as follows: 17 
 
Article – State Personnel and Pensions 18 
 
24–403. 19 
  2 	HOUSE BILL 601  
 
 
 (a) This section applies only to a retiree who has retired with a service retirement 1 
allowance or a disability retirement allowance or a former member who has retired with a 2 
deferred vested allowance. 3 
 
 (b) On the death of a retiree or former member, the Board of Trustees shall pay 4 
80% of the retiree’s retirement allowance: 5 
 
 (1) to the surviving spouse; or 6 
 
 (2) if there is no surviving spouse or if the surviving spouse dies, to any 7 
children of the deceased retiree who are under 18 years of age or disabled, as defined under 8 
§ 72(m)(7) of the Internal Revenue Code, in accordance with subsection (c) of this section. 9 
 
 (c) (1) Except as provided in paragraphs (2) and (3) of this subsection, if the 10 
Board of Trustees pays an allowance to more than one child, the Board of Trustees shall 11 
divide the allowance among the children in a manner that provides for payments to 12 
continue until: 13 
 
 (i) each child has died; or 14 
 
 (ii) each child becomes 18 years old. 15 
 
 (2) Notwithstanding paragraph (1)(ii) of this subsection, a surviving child 16 
who is disabled shall continue to receive an allowance under paragraph (1) of this 17 
subsection past the age of 18 years, if the child continues to be disabled. 18 
 
 (3) (i) If a surviving child receiving an allowance under paragraph (1) 19 
of this subsection is disabled, as defined under § 72(m)(7) of the Internal Revenue Code, the 20 
Board of Trustees shall pay to the disabled surviving child an allowance equal to the total 21 
of the allowances paid under paragraph (1) of this subsection after: 22 
 
 1. all other nondisabled surviving children have died; or 23 
 
 2. the youngest nondisabled surviving child becomes 18 24 
years old. 25 
 
 (ii) If more than one surviving child is disabled, as defined under § 26 
72(m)(7) of the Internal Revenue Code, the allowance payable under this paragraph shall 27 
be divided equally among the disabled children. 28 
 
26–402. 29 
 
 (a) This section applies to the surviving spouse or a child of a retiree in receipt of 30 
a service retirement allowance or a disability retirement allowance. 31 
 
 (b) On the death of a retiree, the Board of Trustees shall pay 50% of the retiree’s 32 
retirement allowance to: 33   	HOUSE BILL 601 	3 
 
 
 
 (1) the surviving spouse; or 1 
 
 (2) if there is no surviving spouse or if the surviving spouse dies, to any 2 
children of the deceased retiree who are under 26 years old or disabled, as defined under § 3 
72(m)(7) of the Internal Revenue Code. 4 
 
 (c) (1) Except as provided in paragraphs (2) and (3) of this subsection, if the 5 
Board of Trustees pays an allowance to more than one child, the Board of Trustees shall 6 
divide the allowance among the children in a manner that provides for payments to 7 
continue until: 8 
 
 (i) each child has died; or 9 
 
 (ii) each child becomes 26 years old. 10 
 
 (2) Notwithstanding paragraph (1)(ii) of this subsection, a surviving child 11 
who is disabled shall continue to receive an allowance under paragraph (1) of this 12 
subsection past the age of 26 years, if the child continues to be disabled. 13 
 
 (3) (i) If a surviving child receiving an allowance under paragraph (1) 14 
of this subsection is disabled, as defined under § 72(m)(7) of the Internal Revenue Code, the 15 
Board of Trustees shall pay to the disabled surviving child an allowance equal to the total 16 
of the allowances paid under paragraph (1) of this subsection after: 17 
 
 1. all other nondisabled surviving children have died; or 18 
 
 2. the youngest nondisabled surviving child becomes 26 19 
years old. 20 
 
 (ii) If more than one surviving child is disabled, as defined under § 21 
72(m)(7) of the Internal Revenue Code, the allowance payable under this paragraph shall 22 
be divided equally among the disabled children. 23 
 
27–403. 24 
 
 (a) (1) Except as provided in paragraph (2) of this subsection, on the death of 25 
a member, the Board of Trustees shall pay to the surviving spouse 50% of the retirement 26 
allowance that would be payable were the member alive and eligible to receive a retirement 27 
allowance. 28 
 
 (2) (i) If at the time of death the member does not have a surviving 29 
spouse or a child who is under the age of 26 years or is disabled, the Board of Trustees shall 30 
pay to the member’s designated beneficiary or beneficiaries a lump–sum death benefit 31 
consisting of the sum of: 32 
 
 1. the member’s accumulated contributions; and 33  4 	HOUSE BILL 601  
 
 
 
 2. an amount equal to the member’s annual salary at the 1 
time of death. 2 
 
 (ii) If a member has designated more than one beneficiary, the 3 
lump–sum death benefit provided in subparagraph (i) of this paragraph shall be divided 4 
equally among the beneficiaries. 5 
 
 (b) On the death of a former member or retiree, the Board of Trustees shall pay 6 
to the surviving spouse 50% of the retirement allowance that would be payable were the 7 
former member or retiree alive and eligible to receive a retirement allowance. 8 
 
 (c) (1) This subsection applies to a member, former member, or retiree who at 9 
the time of death: 10 
 
 (i) does not have a spouse; and 11 
 
 (ii) has a child under the age of 26 years, or a child who is disabled. 12 
 
 (2) The Board of Trustees shall pay to the surviving children of the 13 
member, former member, or retiree who are under the age of 26 years or are disabled the 14 
retirement allowance that would have been paid to a surviving spouse under subsection (a) 15 
or (b) of this section. 16 
 
 (3) (i) Except as provided in subparagraphs (ii) and (iii) of this 17 
paragraph, if the Board of Trustees pays an allowance to more than one child, the Board of 18 
Trustees shall divide the allowance equally among the children in a manner that provides 19 
for payments to continue until: 20 
 
 1. each child has died; or 21 
 
 2. each child becomes 26 years old. 22 
 
 (ii) Notwithstanding paragraph (3)(i)2 of this subsection, a surviving 23 
child who is disabled shall continue to receive an allowance under subparagraph (i) of this 24 
paragraph past the age of 26 years, if the child continues to be disabled. 25 
 
 (iii) If a surviving child receiving an allowance under subparagraph 26 
(i) of this paragraph is disabled, as defined under § 72(m)(7) of the Internal Revenue Code, 27 
the Board of Trustees shall pay to the disabled surviving child an allowance equal to the 28 
total of the allowances paid under subparagraph (i) of this paragraph after: 29 
 
 1. all other nondisabled surviving children have died; or 30 
 
 2. the youngest nondisabled surviving child becomes 26 31 
years old. 32 
   	HOUSE BILL 601 	5 
 
 
 (iv) If more than one surviving child is disabled, as defined under § 1 
72(m)(7) of the Internal Revenue Code, the allowance payable under subparagraph (iii) of 2 
this paragraph shall be divided equally among the disabled children. 3 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That: 4 
 
 (a) (1) In this section the following words have the meanings indicated. 5 
 
 (2) “Allowance” means a benefit that is payable in equal monthly 6 
installments for the life of the recipient, except as otherwise provided for an optional form 7 
of an allowance under § 21–403 of the State Personnel and Pensions Article. 8 
 
 (3) “Beneficiary” means a person, other than a retiree, in receipt of a 9 
benefit from the State Retirement and Pension System. 10 
 
 (4) “Board of Trustees” means the Board of Trustees for the State 11 
Retirement and Pension System. 12 
 
 (5) “Designated beneficiary” means a person named as beneficiary by a 13 
member, a former member, or a retiree by filing: 14 
 
 (i) an acknowledged written designation with the State Retirement 15 
Agency; or 16 
 
 (ii) a properly completed form submitted through the State 17 
Retirement Agency’s secure access participant portal with an electronic signature affixed 18 
in the required manner and format. 19 
 
 (6) “Judges’ Retirement System” means the Judges’ Retirement System of 20 
the State of Maryland. 21 
 
 (7) “Law Enforcement Officers’ Pension System” means the Law 22 
Enforcement Officers’ Pension System of the State of Maryland. 23 
 
 (8) “Member” means, unless a different meaning is plainly required by the 24 
context, an individual: 25 
 
 (i) for whom membership in a State system is a condition of 26 
employment; or 27 
 
 (ii) 1. for whom membership in a State system is optional; and 28 
 
 2. who has elected to become a member of that State system. 29 
 
 (9) “Pension” means the part of an allowance that is derived from employer 30 
contributions. 31 
  6 	HOUSE BILL 601  
 
 
 (10) “Retiree” means an individual who: 1 
 
 (i) has separated from employment with a participating employer; 2 
and 3 
 
 (ii) receives a retirement allowance from the State Retirement and 4 
Pension System. 5 
 
 (11) “Retirement” means the grant of a retirement allowance from the State 6 
Retirement and Pension System after separation from employment with a participating 7 
employer. 8 
 
 (12) (i) “Retirement allowance” means an allowance that is payable at 9 
the time of separation from employment with a participating employer. 10 
 
 (ii) “Retirement allowance” includes: 11 
 
 1. a service retirement allowance; and 12 
 
 2. a disability retirement allowance. 13 
 
 (iii) “Retirement allowance” does not include a vested allowance. 14 
 
 (13) “State Police Retirement System” means the State Police Retirement 15 
System of the State of Maryland. 16 
 
 (b) (1) This subsection applies to a retiree of the State Police Retirement 17 
System who: 18 
 
 (i) retired on or before December 31, 2012; 19 
 
 (ii) at the time of retirement, selected one of the optional allowances 20 
available under § 21–403 of the State Personnel and Pensions Article and designated an 21 
individual of the same sex as the retiree to be a designated beneficiary;  22 
 
 (iii) on or after January 1, 2013, married the retiree’s designated 23 
beneficiary; and 24 
 
 (iv) on July 1, 2023, was not divorced from the retiree’s designated 25 
beneficiary.  26 
 
 (2) (i) On or before December 31, 2023, a retiree described in paragraph 27 
(1) of this subsection may submit to the Board of Trustees: 28 
 
 1. a form provided by the State Retirement Agency, 29 
requesting that the retiree’s optional retirement allowance be converted to a basic 30   	HOUSE BILL 601 	7 
 
 
allowance that provides the spouse of the retiree with a survivor benefit under § 24–403 of 1 
the State Personnel and Pensions Article;  2 
 
 2. a marriage license indicating the retiree entered into a 3 
marriage with the retiree’s designated beneficiary; and  4 
 
 3. a form provided by the State Retirement Agency 5 
confirming the retiree and designated beneficiary are not divorced on or before July 1, 2023.  6 
  
 (ii) If a retiree described in paragraph (1) of this subsection dies after 7 
the date the retiree married the retiree’s designated beneficiary but before July 1, 2023, 8 
the retiree’s designated beneficiary may submit the documents required under 9 
subparagraph (i) of this paragraph.  10 
 
 (3) (i)  If a retiree is alive and submitted the documents as required 11 
under paragraph (2)(i) of this subsection, the Board of Trustees shall adjust the retiree’s 12 
optional retirement allowance as provided in paragraph (4) of this subsection after 13 
receiving the documents. 14 
 
 (ii) If a retiree is deceased and the retiree’s designated beneficiary 15 
submitted the documents under paragraph (2)(ii) of this subsection, the Board of Trustees, 16 
after receiving the documents, shall: 17 
 
 1. adjust the designated beneficiary’s survivor benefit as 18 
provided in paragraph (6)(i) of this subsection; and 19 
 
 2. make a lump sum payment to the retiree’s designated 20 
beneficiary as provided in paragraph (6)(iii) of this subsection. 21 
 
 (4) (i) The Board of Trustees shall adjust a retiree’s optional retirement 22 
allowance to an amount equal to the basic allowance the retiree would have received at the 23 
time of retirement. 24 
 
 (ii) The adjustment made under subparagraph (i) of this paragraph 25 
shall include any cost–of –living increases the retiree would have received from the date of 26 
retirement through July 1, 2023. 27 
 
 (iii) 1. Any adjustment made under this paragraph shall include 28 
a lump sum payment of the basic allowance, including all cost–of–living adjustments the 29 
retiree would have received from the date of retirement through July 1, 2023, with interest 30 
calculated at 4% per year, compounded annually.  31 
 
 2. The retroactive lump sum adjustment paid under 32 
subsubparagraph 1 of this subparagraph shall be reduced by the amount of the optional 33 
retirement allowance that the retiree has received, including any cost –of–living 34 
adjustments, from the retiree’s date of retirement through July 1, 2023, with interest 35 
calculated at 4% per year, compounded annually. 36  8 	HOUSE BILL 601  
 
 
 
 (5) If the retiree predeceases the retiree’s designated beneficiary, the 1 
retiree’s designated beneficiary shall receive the survivor benefit provided under §  2 
24–403 of the State Personnel and Pensions Article. 3 
 
 (6) (i) If a retiree described in paragraph (1) of this subsection dies after 4 
the date the retiree married the retiree’s designated beneficiary but before July 1, 2023, 5 
the Board of Trustees shall adjust the survivor benefit the retiree’s designated beneficiary 6 
is receiving on July 1, 2023, to an amount equal to the survivor benefit under § 24–403 of 7 
the State Personnel and Pensions Article. 8 
 
 (ii) The adjustment made under subparagraph (i) of this paragraph 9 
shall include any cost–of–living adjustments: 10 
 
 1. the retiree would have received to the retiree’s basic 11 
allowance from the date of retirement through the retiree’s date of death; and 12 
 
 2. the retiree’s designated beneficiary would have received 13 
from the date of the retiree’s death through July 1, 2023. 14 
 
 (iii) 1. Any adjustment made under subparagraph (i) of this 15 
paragraph shall include a lump sum payment of the survivor benefit determined under § 16 
24–403 of the State Personnel and Pensions Article, including all cost–of–living 17 
adjustments, that would have been paid from the retiree’s date of death through July 1, 18 
2023, with interest calculated at 4% per year, compounded annually.  19 
 
 2.  The retroactive lump sum adjustment paid under 20 
subsubparagraph 1 of this subparagraph shall be reduced by the amount of the optional 21 
survivor benefit paid under § 21–403 of the State Personnel and Pensions Article that any 22 
designated beneficiary has received from the date of the retiree’s death, including any  23 
cost–of–living adjustments that may have been made, through July 1, 2023, with interest 24 
calculated at 4% per year, compounded annually. 25 
 
 (iv) 1. In addition to the lump sum payment under subparagraph 26 
(iii) of this paragraph, the Board of Trustees shall pay to the deceased retiree’s designated 27 
beneficiary a lump sum payment equal to the basic allowance, including all cost–of–living 28 
adjustments, that would have been paid from the retiree’s date of retirement through the 29 
retiree’s date of death, with interest calculated at 4% per year, compounded annually, 30 
through July 1, 2023.  31 
 
 2.  The retroactive lump sum adjustment paid under 32 
subsubparagraph 1 of this subparagraph shall be reduced by the amount of the optional 33 
retirement allowance that the retiree received, including all cost–of–living adjustments, 34 
from the retiree’s date of retirement to the retiree’s date of death, with interest calculated 35 
at 4% per year, compounded annually. 36 
   	HOUSE BILL 601 	9 
 
 
 (c) (1) This subsection applies to a retiree of the Law Enforcement Officers’ 1 
Pension System who: 2 
 
 (i) retired on or before December 31, 2012; 3 
 
 (ii) at the time of retirement, selected one of the optional allowances 4 
available under § 21–403 of the State Personnel and Pensions Article and designated an 5 
individual of the same sex as the retiree to be a designated beneficiary;  6 
 
 (iii) on or after January 1, 2013, married the retiree’s designated 7 
beneficiary; and 8 
 
 (iv) on July 1, 2023, was not divorced from the retiree’s designated 9 
beneficiary.  10 
 
 (2) (i) On or before December 31, 2023, a retiree described in paragraph 11 
(1) of this subsection may submit to the Board of Trustees: 12 
 
 1. a form provided by the State Retirement Agency, 13 
requesting that the retiree’s optional retirement allowance be converted to a basic 14 
allowance that provides the spouse of the retiree with a survivor benefit under § 26–402 of 15 
the State Personnel and Pensions Article;  16 
 
 2. a marriage license indicating the retiree entered into a 17 
marriage with the retiree’s designated beneficiary; and  18 
 
 3. a form provided by the State Retirement Agency 19 
confirming the retiree and designated beneficiary are not divorced on or before July 1, 2023.  20 
  
 (ii) If a retiree described in paragraph (1) of this subsection dies after 21 
the date the retiree married the retiree’s designated beneficiary but before July 1, 2023, 22 
the retiree’s designated beneficiary may submit the documents required under 23 
subparagraph (i) of this paragraph. 24 
 
 (3) (i) If a retiree is alive and submitted the documents as required 25 
under paragraph (2)(i) of this subsection, the Board of Trustees shall adjust the retiree’s 26 
optional retirement allowance as provided in paragraph (4) of this subsection after 27 
receiving the documents. 28 
 
 (ii) If a retiree is deceased and the retiree’s designated beneficiary 29 
submitted the documents under paragraph (2)(ii) of this subsection, the Board of Trustees, 30 
after receiving the documents, shall: 31 
 
 1. adjust the designated beneficiary’s survivor benefit as 32 
provided in paragraph (6)(i) of this subsection; and 33 
  10 	HOUSE BILL 601  
 
 
 2. make a lump sum payment to the retiree’s designated 1 
beneficiary as provided in paragraph (6)(iii) of this subsection. 2 
 
 (4) (i) The Board of Trustees shall adjust a retiree’s optional retirement 3 
allowance to an amount equal to the basic allowance the retiree would have received at the 4 
time of retirement. 5 
 
 (ii) The adjustment made under subparagraph (i) of this paragraph 6 
shall include any cost–of–living increases the retiree would have received from the date of 7 
retirement through July 1, 2023. 8 
 
 (iii) 1. Any adjustment made under this paragraph shall include 9 
a lump sum payment of the basic allowance, including all cost–of–living adjustments the 10 
retiree would have received from the date of retirement through July 1, 2023, with interest 11 
calculated at 4% per year, compounded annually.  12 
 
 2.  The retroactive lump sum adjustment paid under 13 
subsubparagraph 1 of this subparagraph shall be reduced by the amount of the optional 14 
retirement allowance that the retiree has received, including any cost–of–living 15 
adjustments, from the retiree’s date of retirement through July 1, 2023, with interest 16 
calculated at 4% per year, compounded annually. 17 
 
 (5) If the retiree predeceases the retiree’s designated beneficiary, the 18 
retiree’s designated beneficiary shall receive the survivor benefit provided under §  19 
26–402 of the State Personnel and Pensions Article. 20 
 
 (6) (i) If a retiree described in paragraph (1) of this subsection dies after 21 
the date the retiree married the retiree’s designated beneficiary but before July 1, 2023, 22 
the Board of Trustees shall adjust the survivor benefit the retiree’s designated beneficiary 23 
is receiving on July 1, 2023, to an amount equal to the survivor benefit under § 26–402 of 24 
the State Personnel and Pensions Article. 25 
 
 (ii) The adjustment made under subparagraph (i) of this paragraph 26 
shall include any cost–of–living adjustments: 27 
 
 1. the retiree would have received to the retiree’s basic 28 
allowance from the date of retirement through the retiree’s date of death; and 29 
 
 2. the retiree’s designated beneficiary would have received 30 
from the date of the retiree’s death through July 1, 2023. 31 
 
 (iii) 1. Any adjustment made under subparagraph (i) of this 32 
paragraph shall include a lump sum payment of the survivor benefit determined under § 33 
26–402 of the State Personnel and Pensions Article, including all cost–of–living 34 
adjustments, that would have been paid from the retiree’s date of death through July 1, 35 
2023, with interest calculated at 4% per year, compounded annually.  36 
   	HOUSE BILL 601 	11 
 
 
 2.  The retroactive lump sum adjustment paid under 1 
subsubparagraph 1 of this subparagraph shall be reduced by the amount of the optional 2 
survivor benefit paid under § 21–403 of the State Personnel and Pensions Article that any 3 
designated beneficiary has received from the date of the retiree’s death, including any  4 
cost–of–living adjustments that may have been made, through July 1, 2023, with interest 5 
calculated at 4% per year, compounded annually. 6 
 
 (iv) 1. In addition to the lump sum payment under subparagraph 7 
(iii) of this paragraph, the Board of Trustees shall pay to the deceased retiree’s designated 8 
beneficiary a lump sum payment equal to the basic allowance, including all cost–of–living 9 
adjustments, that would have been paid from the retiree’s date of retirement through the 10 
retiree’s date of death, with interest calculated at 4% per year, compounded annually, 11 
through July 1, 2023.  12 
 
 2.  The retroactive lump sum adjustment paid under 13 
subsubparagraph 1 of this subparagraph shall be reduced by the amount of the optional 14 
retirement allowance that the retiree received, including all cost–of–living adjustments, 15 
from the retiree’s date of retirement to the retiree’s date of death, with interest calculated 16 
at 4% per year, compounded annually. 17 
 
 (d) (1) This subsection applies to a retiree of the Judges’ Retirement System 18 
who: 19 
 
 (i) retired on or before December 31, 2012; 20 
 
 (ii) at the time of retirement, selected one of the optional allowances 21 
available under § 21–403 of the State Personnel and Pensions Article and designated an 22 
individual of the same sex as the retiree to be a designated beneficiary;  23 
 
 (iii) on or after January 1, 2013, married the retiree’s designated 24 
beneficiary; and 25 
 
 (iv) on July 1, 2023, was not divorced from the retiree’s designated 26 
beneficiary.  27 
 
 (2) (i) On or before December 31, 2023, a retiree described in paragraph 28 
(1) of this subsection may submit to the Board of Trustees: 29 
 
 1. a form provided by the State Retirement Agency, 30 
requesting that the retiree’s optional retirement allowance be converted to a basic 31 
allowance that provides the spouse of the retiree with a survivor benefit under § 27–403 of 32 
the State Personnel and Pensions Article;  33 
 
 2. a marriage license indicating the retiree entered into a 34 
marriage with the retiree’s designated beneficiary; and  35 
  12 	HOUSE BILL 601  
 
 
 3. a form provided by the State Retirement Agency 1 
confirming the retiree and designated beneficiary are not divorced on or before July 1, 2023.  2 
  
 (ii) If a retiree described in paragraph (1) of this subsection dies after 3 
the date the retiree married the retiree’s designated beneficiary but before July 1, 2023, 4 
the retiree’s designated beneficiary may submit the documents required under 5 
subparagraph (i) of this paragraph. 6 
 
 (3) (i) If a retiree is alive and submitted the documents as required 7 
under paragraph (2)(i) of this subsection, the Board of Trustees shall adjust the retiree’s 8 
optional retirement allowance as provided in paragraph (4) of this subsection after 9 
receiving the documents. 10 
 
 (ii) If a retiree is deceased and the retiree’s designated beneficiary 11 
submitted the documents under paragraph (2)(ii) of this subsection, the Board of Trustees, 12 
after receiving the documents, shall: 13 
 
 1. adjust the designated beneficiary’s survivorship benefit as 14 
provided in paragraph (6)(i) of this subsection; and 15 
 
 2. make a lump sum payment to the retiree’s designated 16 
beneficiary as provided in paragraph (6)(iii) of this subsection. 17 
 
 (4) (i) The Board of Trustees shall adjust a retiree’s optional retirement 18 
allowance to an amount equal to the basic allowance the retiree would have received at the 19 
time of retirement. 20 
 
 (ii) The adjustment made under subparagraph (i) of this paragraph 21 
shall include any cost–of–living increases the retiree would have received from the date of 22 
retirement through July 1, 2023. 23 
 
 (iii) 1. Any adjustment made under this paragraph shall include 24 
a lump sum payment of the basic allowance, including all cost–of–living adjustments the 25 
retiree would have received from the date of retirement through July 1, 2023, with interest 26 
calculated at 4% per year, compounded annually.  27 
 
 2.  The retroactive lump sum ad justment paid under 28 
subsubparagraph 1 of this subparagraph shall be reduced by the amount of the optional 29 
retirement allowance that the retiree has received, including any cost –of–living 30 
adjustments, from the retiree’s date of retirement through July 1, 2023, with interest 31 
calculated at 4% per year, compounded annually. 32 
 
 (5) If the retiree predeceases the retiree’s designated beneficiary, the 33 
retiree’s designated beneficiary shall receive the survivor benefit provided under §  34 
27–403 of the State Personnel and Pensions Article. 35 
   	HOUSE BILL 601 	13 
 
 
 (6) (i) If a retiree described in paragraph (1) of this subsection dies after 1 
the date the retiree married the retiree’s designated beneficiary but before July 1, 2023, 2 
the Board of Trustees shall adjust the survivor benefit the retiree’s designated beneficiary 3 
is receiving on July 1, 2023, to an amount equal to the survivor benefit under § 27–403 of 4 
the State Personnel and Pensions Article. 5 
 
 (ii) The adjustment made under subparagraph (i) of this paragraph 6 
shall include any cost–of–living adjustments: 7 
 
 1. the retiree would have received to the retiree’s basic 8 
allowance from the date of retirement through the retiree’s date of death; and 9 
 
 2. the retiree’s designated beneficiary would have received 10 
from the date of the retiree’s death through July 1, 2023. 11 
 
 (iii) 1. Any adjustment made under subparagraph (i) of this 12 
paragraph shall include a lump sum payment of the survivor benefit determined under § 13 
27–403 of the State Personnel and Pensions Article, including all cost–of–living 14 
adjustments, that would have been paid from the retiree’s date of death through July 1, 15 
2023, with interest calculated at 4% per year, compounded annually.  16 
 
 2.  The retroactive lump sum adjustment paid under 17 
subsubparagraph 1 of this subparagraph shall be reduced by the amount of the optional 18 
survivor benefit paid under § 21–403 of the State Personnel and Pensions Article that any 19 
designated beneficiary has received from the date of the retiree’s death, including any  20 
cost–of–living adjustments that may have been made, through July 1, 2023, with interest 21 
calculated at 4% per year, compounded annually. 22 
 
 (iv) 1. In addition to the lump sum payment under subparagraph 23 
(iii) of this paragraph, the Board of Trustees shall pay to the deceased retiree’s designated 24 
beneficiary a lump sum payment equal to the basic allowance, including all cost–of–living 25 
adjustments, that would have been paid from the retiree’s date of retirement through the 26 
retiree’s date of death, with interest calculated at 4% per year, compounded annually, 27 
through July 1, 2023.  28 
 
 2.  The retroactive lump sum adjustment paid under 29 
subsubparagraph 1 of this subparagraph shall be reduced by the amount of the optional 30 
retirement allowance that the retiree received, including all cost–of–living adjustments, 31 
from the retiree’s date of retirement to the retiree’s date of death, with interest calculated 32 
at 4% per year, compounded annually. 33 
 
 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 34 
1, 2023. It shall remain effective for a period of 1 year and, at the end of June 30, 2024, this 35 
Act, with no further action required by the General Assembly, shall be abrogated and of no 36 
further force and effect. 37