MD
Maryland House Bill HB601

Maryland 2023 Regular Session

Maryland House Bill HB601 Compare Versions

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1- WES MOORE, Governor Ch. 199
21
3-– 1 –
4-Chapter 199
5-(House Bill 601)
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+ *hb0601*
89
9-State Police Retirement System, Law Enforcement Officers’ Pension System,
10-and Judges’ Retirement System – Surviving Spouse Benefit – Same–Sex Spouses
10+HOUSE BILL 601
11+P6 3lr2171
12+ CF SB 454
13+By: Delegate Forbes
14+Introduced and read first time: February 3, 2023
15+Assigned to: Appropriations
16+Committee Report: Favorable
17+House action: Adopted
18+Read second time: March 1, 2023
1119
12-FOR the purpose of authorizing the correction of the designated beneficiary election for
13-certain retirees of the State Police Retirement System, Law Enforcement Officers’
14-Pension System, or Judges’ Retirement System who retired on or before a certain
15-date if the retiree named an individual of the same sex to be a designated beneficiary
16-and the retiree later married the designated beneficiary; and generally relating to
17-the State Police Retirement System, Law Enforcement Officers’ Pension System, and
18-Judges’ Retirement System.
20+CHAPTER ______
1921
20-BY repealing and reenacting, without amendments,
21- Article – State Personnel and Pensions
22-Section 24–403, 26–402, and 27–403
23- Annotated Code of Maryland
24- (2015 Replacement Volume and 2022 Supplement)
22+AN ACT concerning 1
2523
26- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
27-That the Laws of Maryland read as follows:
24+State Police Retirement System, Law Enforcement Officers’ Pension System, 2
25+and Judges’ Retirement System – Surviving Spouse Benefit – Same–Sex Spouses 3
2826
29-Article – State Personnel and Pensions
27+FOR the purpose of authorizing the correction of the designated beneficiary election for 4
28+certain retirees of the State Police Retirement System, Law Enforcement Officers’ 5
29+Pension System, or Judges’ Retirement System who retired on or before a certain 6
30+date if the retiree named an individual of the same sex to be a designated beneficiary 7
31+and the retiree later married the designated beneficiary; and generally relating to 8
32+the State Police Retirement System, Law Enforcement Officers’ Pension System, and 9
33+Judges’ Retirement System. 10
3034
31-24–403.
35+BY repealing and reenacting, without amendments, 11
36+ Article – State Personnel and Pensions 12
37+Section 24–403, 26–402, and 27–403 13
38+ Annotated Code of Maryland 14
39+ (2015 Replacement Volume and 2022 Supplement) 15
3240
33- (a) This section applies only to a retiree who has retired with a service retirement
34-allowance or a disability retirement allowance or a former member who has retired with a
35-deferred vested allowance.
41+ SECTION 1. BE IT ENACTED BY THE G ENERAL ASSEMBLY OF MARYLAND, 16
42+That the Laws of Maryland read as follows: 17
3643
37- (b) On the death of a retiree or former member, the Board of Trustees shall pay
38-80% of the retiree’s retirement allowance:
44+Article – State Personnel and Pensions 18
3945
40- (1) to the surviving spouse; or
46+24–403. 19
47+ 2 HOUSE BILL 601
4148
42- (2) if there is no surviving spouse or if the surviving spouse dies, to any
43-children of the deceased retiree who are under 18 years of age or disabled, as defined under
44-§ 72(m)(7) of the Internal Revenue Code, in accordance with subsection (c) of this section.
4549
46- (c) (1) Except as provided in paragraphs (2) and (3) of this subsection, if the
47-Board of Trustees pays an allowance to more than one child, the Board of Trustees shall
48-divide the allowance among the children in a manner that provides for payments to
49-continue until: Ch. 199 2023 LAWS OF MARYLAND
50+ (a) This section applies only to a retiree who has retired with a service retirement 1
51+allowance or a disability retirement allowance or a former member who has retired with a 2
52+deferred vested allowance. 3
5053
51-– 2 –
54+ (b) On the death of a retiree or former member, the Board of Trustees shall pay 4
55+80% of the retiree’s retirement allowance: 5
5256
53- (i) each child has died; or
57+ (1) to the surviving spouse; or 6
5458
55- (ii) each child becomes 18 years old.
59+ (2) if there is no surviving spouse or if the surviving spouse dies, to any 7
60+children of the deceased retiree who are under 18 years of age or disabled, as defined under 8
61+§ 72(m)(7) of the Internal Revenue Code, in accordance with subsection (c) of this section. 9
5662
57- (2) Notwithstanding paragraph (1)(ii) of this subsection, a surviving child
58-who is disabled shall continue to receive an allowance under paragraph (1) of this
59-subsection past the age of 18 years, if the child continues to be disabled.
63+ (c) (1) Except as provided in paragraphs (2) and (3) of this subsection, if the 10
64+Board of Trustees pays an allowance to more than one child, the Board of Trustees shall 11
65+divide the allowance among the children in a manner that provides for payments to 12
66+continue until: 13
6067
61- (3) (i) If a surviving child receiving an allowance under paragraph (1)
62-of this subsection is disabled, as defined under § 72(m)(7) of the Internal Revenue Code, the
63-Board of Trustees shall pay to the disabled surviving child an allowance equal to the total
64-of the allowances paid under paragraph (1) of this subsection after:
68+ (i) each child has died; or 14
6569
66- 1. all other nondisabled surviving children have died; or
70+ (ii) each child becomes 18 years old. 15
6771
68- 2. the youngest nondisabled surviving child becomes 18
69-years old.
72+ (2) Notwithstanding paragraph (1)(ii) of this subsection, a surviving child 16
73+who is disabled shall continue to receive an allowance under paragraph (1) of this 17
74+subsection past the age of 18 years, if the child continues to be disabled. 18
7075
71- (ii) If more than one surviving child is disabled, as defined under §
72-72(m)(7) of the Internal Revenue Code, the allowance payable under this paragraph shall
73-be divided equally among the disabled children.
76+ (3) (i) If a surviving child receiving an allowance under paragraph (1) 19
77+of this subsection is disabled, as defined under § 72(m)(7) of the Internal Revenue Code, the 20
78+Board of Trustees shall pay to the disabled surviving child an allowance equal to the total 21
79+of the allowances paid under paragraph (1) of this subsection after: 22
7480
75-26–402.
81+ 1. all other nondisabled surviving children have died; or 23
7682
77- (a) This section applies to the surviving spouse or a child of a retiree in receipt of
78-a service retirement allowance or a disability retirement allowance.
83+ 2. the youngest nondisabled surviving child becomes 18 24
84+years old. 25
7985
80- (b) On the death of a retiree, the Board of Trustees shall pay 50% of the retiree’s
81-retirement allowance to:
86+ (ii) If more than one surviving child is disabled, as defined under § 26
87+72(m)(7) of the Internal Revenue Code, the allowance payable under this paragraph shall 27
88+be divided equally among the disabled children. 28
8289
83- (1) the surviving spouse; or
90+26–402. 29
8491
85- (2) if there is no surviving spouse or if the surviving spouse dies, to any
86-children of the deceased retiree who are under 26 years old or disabled, as defined under §
87-72(m)(7) of the Internal Revenue Code.
92+ (a) This section applies to the surviving spouse or a child of a retiree in receipt of 30
93+a service retirement allowance or a disability retirement allowance. 31
8894
89- (c) (1) Except as provided in paragraphs (2) and (3) of this subsection, if the
90-Board of Trustees pays an allowance to more than one child, the Board of Trustees shall
91-divide the allowance among the children in a manner that provides for payments to
92-continue until:
95+ (b) On the death of a retiree, the Board of Trustees shall pay 50% of the retiree’s 32
96+retirement allowance to: 33 HOUSE BILL 601 3
9397
94- (i) each child has died; or
9598
96- (ii) each child becomes 26 years old.
97- WES MOORE, Governor Ch. 199
9899
99-– 3 –
100- (2) Notwithstanding paragraph (1)(ii) of this subsection, a surviving child
101-who is disabled shall continue to receive an allowance under paragraph (1) of this
102-subsection past the age of 26 years, if the child continues to be disabled.
100+ (1) the surviving spouse; or 1
103101
104- (3) (i) If a surviving child receiving an allowance under paragraph (1)
105-of this subsection is disabled, as defined under § 72(m)(7) of the Internal Revenue Code, the
106-Board of Trustees shall pay to the disabled surviving child an allowance equal to the total
107-of the allowances paid under paragraph (1) of this subsection after:
102+ (2) if there is no surviving spouse or if the surviving spouse dies, to any 2
103+children of the deceased retiree who are under 26 years old or disabled, as defined under § 3
104+72(m)(7) of the Internal Revenue Code. 4
108105
109- 1. all other nondisabled surviving children have died; or
106+ (c) (1) Except as provided in paragraphs (2) and (3) of this subsection, if the 5
107+Board of Trustees pays an allowance to more than one child, the Board of Trustees shall 6
108+divide the allowance among the children in a manner that provides for payments to 7
109+continue until: 8
110110
111- 2. the youngest nondisabled surviving child becomes 26
112-years old.
111+ (i) each child has died; or 9
113112
114- (ii) If more than one surviving child is disabled, as defined under §
115-72(m)(7) of the Internal Revenue Code, the allowance payable under this paragraph shall
116-be divided equally among the disabled children.
113+ (ii) each child becomes 26 years old. 10
117114
118-27–403.
115+ (2) Notwithstanding paragraph (1)(ii) of this subsection, a surviving child 11
116+who is disabled shall continue to receive an allowance under paragraph (1) of this 12
117+subsection past the age of 26 years, if the child continues to be disabled. 13
119118
120- (a) (1) Except as provided in paragraph (2) of this subsection, on the death of
121-a member, the Board of Trustees shall pay to the surviving spouse 50% of the retirement
122-allowance that would be payable were the member alive and eligible to receive a retirement
123-allowance.
119+ (3) (i) If a surviving child receiving an allowance under paragraph (1) 14
120+of this subsection is disabled, as defined under § 72(m)(7) of the Internal Revenue Code, the 15
121+Board of Trustees shall pay to the disabled surviving child an allowance equal to the total 16
122+of the allowances paid under paragraph (1) of this subsection after: 17
124123
125- (2) (i) If at the time of death the member does not have a surviving
126-spouse or a child who is under the age of 26 years or is disabled, the Board of Trustees shall
127-pay to the member’s designated beneficiary or beneficiaries a lump–sum death benefit
128-consisting of the sum of:
124+ 1. all other nondisabled surviving children have died; or 18
129125
130- 1. the member’s accumulated contributions; and
126+ 2. the youngest nondisabled surviving child becomes 26 19
127+years old. 20
131128
132- 2. an amount equal to the member’s annual salary at the
133-time of death.
129+ (ii) If more than one surviving child is disabled, as defined under § 21
130+72(m)(7) of the Internal Revenue Code, the allowance payable under this paragraph shall 22
131+be divided equally among the disabled children. 23
134132
135- (ii) If a member has designated more than one beneficiary, the
136-lump–sum death benefit provided in subparagraph (i) of this paragraph shall be divided
137-equally among the beneficiaries.
133+27–403. 24
138134
139- (b) On the death of a former member or retiree, the Board of Trustees shall pay
140-to the surviving spouse 50% of the retirement allowance that would be payable were the
141-former member or retiree alive and eligible to receive a retirement allowance.
135+ (a) (1) Except as provided in paragraph (2) of this subsection, on the death of 25
136+a member, the Board of Trustees shall pay to the surviving spouse 50% of the retirement 26
137+allowance that would be payable were the member alive and eligible to receive a retirement 27
138+allowance. 28
142139
143- (c) (1) This subsection applies to a member, former member, or retiree who at
144-the time of death:
145- Ch. 199 2023 LAWS OF MARYLAND
140+ (2) (i) If at the time of death the member does not have a surviving 29
141+spouse or a child who is under the age of 26 years or is disabled, the Board of Trustees shall 30
142+pay to the member’s designated beneficiary or beneficiaries a lump–sum death benefit 31
143+consisting of the sum of: 32
146144
147-– 4 –
148- (i) does not have a spouse; and
145+ 1. the member’s accumulated contributions; and 33 4 HOUSE BILL 601
149146
150- (ii) has a child under the age of 26 years, or a child who is disabled.
151147
152- (2) The Board of Trustees shall pay to the surviving children of the
153-member, former member, or retiree who are under the age of 26 years or are disabled the
154-retirement allowance that would have been paid to a surviving spouse under subsection (a)
155-or (b) of this section.
156148
157- (3) (i) Except as provided in subparagraphs (ii) and (iii) of this
158-paragraph, if the Board of Trustees pays an allowance to more than one child, the Board of
159-Trustees shall divide the allowance equally among the children in a manner that provides
160-for payments to continue until:
149+ 2. an amount equal to the member’s annual salary at the 1
150+time of death. 2
161151
162- 1. each child has died; or
152+ (ii) If a member has designated more than one beneficiary, the 3
153+lump–sum death benefit provided in subparagraph (i) of this paragraph shall be divided 4
154+equally among the beneficiaries. 5
163155
164- 2. each child becomes 26 years old.
156+ (b) On the death of a former member or retiree, the Board of Trustees shall pay 6
157+to the surviving spouse 50% of the retirement allowance that would be payable were the 7
158+former member or retiree alive and eligible to receive a retirement allowance. 8
165159
166- (ii) Notwithstanding paragraph (3)(i)2 of this subsection, a surviving
167-child who is disabled shall continue to receive an allowance under subparagraph (i) of this
168-paragraph past the age of 26 years, if the child continues to be disabled.
160+ (c) (1) This subsection applies to a member, former member, or retiree who at 9
161+the time of death: 10
169162
170- (iii) If a surviving child receiving an allowance under subparagraph
171-(i) of this paragraph is disabled, as defined under § 72(m)(7) of the Internal Revenue Code,
172-the Board of Trustees shall pay to the disabled surviving child an allowance equal to the
173-total of the allowances paid under subparagraph (i) of this paragraph after:
163+ (i) does not have a spouse; and 11
174164
175- 1. all other nondisabled surviving children have died; or
165+ (ii) has a child under the age of 26 years, or a child who is disabled. 12
176166
177- 2. the youngest nondisabled surviving child becomes 26
178-years old.
167+ (2) The Board of Trustees shall pay to the surviving children of the 13
168+member, former member, or retiree who are under the age of 26 years or are disabled the 14
169+retirement allowance that would have been paid to a surviving spouse under subsection (a) 15
170+or (b) of this section. 16
179171
180- (iv) If more than one surviving child is disabled, as defined under §
181-72(m)(7) of the Internal Revenue Code, the allowance payable under subparagraph (iii) of
182-this paragraph shall be divided equally among the disabled children.
172+ (3) (i) Except as provided in subparagraphs (ii) and (iii) of this 17
173+paragraph, if the Board of Trustees pays an allowance to more than one child, the Board of 18
174+Trustees shall divide the allowance equally among the children in a manner that provides 19
175+for payments to continue until: 20
183176
184- SECTION 2. AND BE IT FURTHER ENACTED, That:
177+ 1. each child has died; or 21
185178
186- (a) (1) In this section the following words have the meanings indicated.
179+ 2. each child becomes 26 years old. 22
187180
188- (2) “Allowance” means a benefit that is payable in equal monthly
189-installments for the life of the recipient, except as otherwise provided for an optional form
190-of an allowance under § 21–403 of the State Personnel and Pensions Article.
181+ (ii) Notwithstanding paragraph (3)(i)2 of this subsection, a surviving 23
182+child who is disabled shall continue to receive an allowance under subparagraph (i) of this 24
183+paragraph past the age of 26 years, if the child continues to be disabled. 25
191184
192- (3) “Beneficiary” means a person, other than a retiree, in receipt of a
193-benefit from the State Retirement and Pension System. WES MOORE, Governor Ch. 199
185+ (iii) If a surviving child receiving an allowance under subparagraph 26
186+(i) of this paragraph is disabled, as defined under § 72(m)(7) of the Internal Revenue Code, 27
187+the Board of Trustees shall pay to the disabled surviving child an allowance equal to the 28
188+total of the allowances paid under subparagraph (i) of this paragraph after: 29
194189
195-– 5 –
190+ 1. all other nondisabled surviving children have died; or 30
196191
197- (4) “Board of Trustees” means the Board of Trustees for the State
198-Retirement and Pension System.
192+ 2. the youngest nondisabled surviving child becomes 26 31
193+years old. 32
194+ HOUSE BILL 601 5
199195
200- (5) “Designated beneficiary” means a person named as beneficiary by a
201-member, a former member, or a retiree by filing:
202196
203- (i) an acknowledged written designation with the State Retirement
204-Agency; or
197+ (iv) If more than one surviving child is disabled, as defined under § 1
198+72(m)(7) of the Internal Revenue Code, the allowance payable under subparagraph (iii) of 2
199+this paragraph shall be divided equally among the disabled children. 3
205200
206- (ii) a properly completed form submitted through the State
207-Retirement Agency’s secure access participant portal with an electronic signature affixed
208-in the required manner and format.
201+ SECTION 2. AND BE IT FURTHER ENACTED, That: 4
209202
210- (6) “Judges’ Retirement System” means the Judges’ Retirement System of
211-the State of Maryland.
203+ (a) (1) In this section the following words have the meanings indicated. 5
212204
213- (7) “Law Enforcement Officers’ Pension System” means the Law
214-Enforcement Officers’ Pension System of the State of Maryland.
205+ (2) “Allowance” means a benefit that is payable in equal monthly 6
206+installments for the life of the recipient, except as otherwise provided for an optional form 7
207+of an allowance under § 21–403 of the State Personnel and Pensions Article. 8
215208
216- (8) “Member” means, unless a different meaning is plainly required by the
217-context, an individual:
209+ (3) “Beneficiary” means a person, other than a retiree, in receipt of a 9
210+benefit from the State Retirement and Pension System. 10
218211
219- (i) for whom membership in a State system is a condition of
220-employment; or
212+ (4) “Board of Trustees” means the Board of Trustees for the State 11
213+Retirement and Pension System. 12
221214
222- (ii) 1. for whom membership in a State system is optional; and
215+ (5) “Designated beneficiary” means a person named as beneficiary by a 13
216+member, a former member, or a retiree by filing: 14
223217
224- 2. who has elected to become a member of that State system.
218+ (i) an acknowledged written designation with the State Retirement 15
219+Agency; or 16
225220
226- (9) “Pension” means the part of an allowance that is derived from employer
227-contributions.
221+ (ii) a properly completed form submitted through the State 17
222+Retirement Agency’s secure access participant portal with an electronic signature affixed 18
223+in the required manner and format. 19
228224
229- (10) “Retiree” means an individual who:
225+ (6) “Judges’ Retirement System” means the Judges’ Retirement System of 20
226+the State of Maryland. 21
230227
231- (i) has separated from employment with a participating employer;
232-and
228+ (7) “Law Enforcement Officers’ Pension System” means the Law 22
229+Enforcement Officers’ Pension System of the State of Maryland. 23
233230
234- (ii) receives a retirement allowance from the State Retirement and
235-Pension System.
231+ (8) “Member” means, unless a different meaning is plainly required by the 24
232+context, an individual: 25
236233
237- (11) “Retirement” means the grant of a retirement allowance from the State
238-Retirement and Pension System after separation from employment with a participating
239-employer.
240- Ch. 199 2023 LAWS OF MARYLAND
234+ (i) for whom membership in a State system is a condition of 26
235+employment; or 27
241236
242-– 6 –
243- (12) (i) “Retirement allowance” means an allowance that is payable at
244-the time of separation from employment with a participating employer.
237+ (ii) 1. for whom membership in a State system is optional; and 28
245238
246- (ii) “Retirement allowance” includes:
239+ 2. who has elected to become a member of that State system. 29
247240
248- 1. a service retirement allowance; and
241+ (9) “Pension” means the part of an allowance that is derived from employer 30
242+contributions. 31
243+ 6 HOUSE BILL 601
249244
250- 2. a disability retirement allowance.
251245
252- (iii) “Retirement allowance” does not include a vested allowance.
246+ (10) “Retiree” means an individual who: 1
253247
254- (13) “State Police Retirement System” means the State Police Retirement
255-System of the State of Maryland.
248+ (i) has separated from employment with a participating employer; 2
249+and 3
256250
257- (b) (1) This subsection applies to a retiree of the State Police Retirement
258-System who:
251+ (ii) receives a retirement allowance from the State Retirement and 4
252+Pension System. 5
259253
260- (i) retired on or before December 31, 2012;
254+ (11) “Retirement” means the grant of a retirement allowance from the State 6
255+Retirement and Pension System after separation from employment with a participating 7
256+employer. 8
261257
262- (ii) at the time of retirement, selected one of the optional allowances
263-available under § 21–403 of the State Personnel and Pensions Article and designated an
264-individual of the same sex as the retiree to be a designated beneficiary;
258+ (12) (i) “Retirement allowance” means an allowance that is payable at 9
259+the time of separation from employment with a participating employer. 10
265260
266- (iii) on or after January 1, 2013, married the retiree’s designated
267-beneficiary; and
261+ (ii) “Retirement allowance” includes: 11
268262
269- (iv) on July 1, 2023, was not divorced from the retiree’s designated
270-beneficiary.
263+ 1. a service retirement allowance; and 12
271264
272- (2) (i) On or before December 31, 2023, a retiree described in paragraph
273-(1) of this subsection may submit to the Board of Trustees:
265+ 2. a disability retirement allowance. 13
274266
275- 1. a form provided by the State Retirement Agency,
276-requesting that the retiree’s optional retirement allowance be converted to a basic
277-allowance that provides the spouse of the retiree with a survivor benefit under § 24–403 of
278-the State Personnel and Pensions Article;
267+ (iii) “Retirement allowance” does not include a vested allowance. 14
279268
280- 2. a marriage license indicating the retiree entered into a
281-marriage with the retiree’s designated beneficiary; and
269+ (13) “State Police Retirement System” means the State Police Retirement 15
270+System of the State of Maryland. 16
282271
283- 3. a form provided by the State Retirement Agency
284-confirming the retiree and designated beneficiary are not divorced on or before July 1, 2023.
272+ (b) (1) This subsection applies to a retiree of the State Police Retirement 17
273+System who: 18
285274
286- (ii) If a retiree described in paragraph (1) of this subsection dies after
287-the date the retiree married the retiree’s designated beneficiary but before July 1, 2023, WES MOORE, Governor Ch. 199
275+ (i) retired on or before December 31, 2012; 19
288276
289-– 7 –
290-the retiree’s designated beneficiary may submit the documents required under
291-subparagraph (i) of this paragraph.
277+ (ii) at the time of retirement, selected one of the optional allowances 20
278+available under § 21–403 of the State Personnel and Pensions Article and designated an 21
279+individual of the same sex as the retiree to be a designated beneficiary; 22
292280
293- (3) (i) If a retiree is alive and submitted the documents as required
294-under paragraph (2)(i) of this subsection, the Board of Trustees shall adjust the retiree’s
295-optional retirement allowance as provided in paragraph (4) of this subsection after
296-receiving the documents.
281+ (iii) on or after January 1, 2013, married the retiree’s designated 23
282+beneficiary; and 24
297283
298- (ii) If a retiree is deceased and the retiree’s designated beneficiary
299-submitted the documents under paragraph (2)(ii) of this subsection, the Board of Trustees,
300-after receiving the documents, shall:
284+ (iv) on July 1, 2023, was not divorced from the retiree’s designated 25
285+beneficiary. 26
301286
302- 1. adjust the designated beneficiary’s survivor benefit as
303-provided in paragraph (6)(i) of this subsection; and
287+ (2) (i) On or before December 31, 2023, a retiree described in paragraph 27
288+(1) of this subsection may submit to the Board of Trustees: 28
304289
305- 2. make a lump sum payment to the retiree’s designated
306-beneficiary as provided in paragraph (6)(iii) of this subsection.
290+ 1. a form provided by the State Retirement Agency, 29
291+requesting that the retiree’s optional retirement allowance be converted to a basic 30 HOUSE BILL 601 7
307292
308- (4) (i) The Board of Trustees shall adjust a retiree’s optional retirement
309-allowance to an amount equal to the basic allowance the retiree would have received at the
310-time of retirement.
311293
312- (ii) The adjustment made under subparagraph (i) of this paragraph
313-shall include any cost–of –living increases the retiree would have received from the date of
314-retirement through July 1, 2023.
294+allowance that provides the spouse of the retiree with a survivor benefit under § 24–403 of 1
295+the State Personnel and Pensions Article; 2
315296
316- (iii) 1. Any adjustment made under this paragraph shall include
317-a lump sum payment of the basic allowance, including all cost–of–living adjustments the
318-retiree would have received from the date of retirement through July 1, 2023, with interest
319-calculated at 4% per year, compounded annually.
297+ 2. a marriage license indicating the retiree entered into a 3
298+marriage with the retiree’s designated beneficiary; and 4
320299
321- 2. The retroactive lump sum adjustment paid under
322-subsubparagraph 1 of this subparagraph shall be reduced by the amount of the optional
323-retirement allowance that the retiree has received, including any cost –of–living
324-adjustments, from the retiree’s date of retirement through July 1, 2023, with interest
325-calculated at 4% per year, compounded annually.
300+ 3. a form provided by the State Retirement Agency 5
301+confirming the retiree and designated beneficiary are not divorced on or before July 1, 2023. 6
326302
327- (5) If the retiree predeceases the retiree’s designated beneficiary, the
328-retiree’s designated beneficiary shall receive the survivor benefit provided under §
329-24–403 of the State Personnel and Pensions Article.
303+ (ii) If a retiree described in paragraph (1) of this subsection dies after 7
304+the date the retiree married the retiree’s designated beneficiary but before July 1, 2023, 8
305+the retiree’s designated beneficiary may submit the documents required under 9
306+subparagraph (i) of this paragraph. 10
330307
331- (6) (i) If a retiree described in paragraph (1) of this subsection dies after
332-the date the retiree married the retiree’s designated beneficiary but before July 1, 2023,
333-the Board of Trustees shall adjust the survivor benefit the retiree’s designated beneficiary
334-is receiving on July 1, 2023, to an amount equal to the survivor benefit under § 24–403 of
335-the State Personnel and Pensions Article. Ch. 199 2023 LAWS OF MARYLAND
308+ (3) (i) If a retiree is alive and submitted the documents as required 11
309+under paragraph (2)(i) of this subsection, the Board of Trustees shall adjust the retiree’s 12
310+optional retirement allowance as provided in paragraph (4) of this subsection after 13
311+receiving the documents. 14
336312
337-– 8 –
313+ (ii) If a retiree is deceased and the retiree’s designated beneficiary 15
314+submitted the documents under paragraph (2)(ii) of this subsection, the Board of Trustees, 16
315+after receiving the documents, shall: 17
338316
339- (ii) The adjustment made under subparagraph (i) of this paragraph
340-shall include any cost–of–living adjustments:
317+ 1. adjust the designated beneficiary’s survivor benefit as 18
318+provided in paragraph (6)(i) of this subsection; and 19
341319
342- 1. the retiree would have received to the retiree’s basic
343-allowance from the date of retirement through the retiree’s date of death; and
320+ 2. make a lump sum payment to the retiree’s designated 20
321+beneficiary as provided in paragraph (6)(iii) of this subsection. 21
344322
345- 2. the retiree’s designated beneficiary would have received
346-from the date of the retiree’s death through July 1, 2023.
323+ (4) (i) The Board of Trustees shall adjust a retiree’s optional retirement 22
324+allowance to an amount equal to the basic allowance the retiree would have received at the 23
325+time of retirement. 24
347326
348- (iii) 1. Any adjustment made under subparagraph (i) of this
349-paragraph shall include a lump sum payment of the survivor benefit determined under §
350-24–403 of the State Personnel and Pensions Article, including all cost–of–living
351-adjustments, that would have been paid from the retiree’s date of death through July 1,
352-2023, with interest calculated at 4% per year, compounded annually.
327+ (ii) The adjustment made under subparagraph (i) of this paragraph 25
328+shall include any cost–of –living increases the retiree would have received from the date of 26
329+retirement through July 1, 2023. 27
353330
354- 2. The retroactive lump sum adjustment paid under
355-subsubparagraph 1 of this subparagraph shall be reduced by the amount of the optional
356-survivor benefit paid under § 21–403 of the State Personnel and Pensions Article that any
357-designated beneficiary has received from the date of the retiree’s death, including any
358-cost–of–living adjustments that may have been made, through July 1, 2023, with interest
359-calculated at 4% per year, compounded annually.
331+ (iii) 1. Any adjustment made under this paragraph shall include 28
332+a lump sum payment of the basic allowance, including all cost–of–living adjustments the 29
333+retiree would have received from the date of retirement through July 1, 2023, with interest 30
334+calculated at 4% per year, compounded annually. 31
360335
361- (iv) 1. In addition to the lump sum payment under subparagraph
362-(iii) of this paragraph, the Board of Trustees shall pay to the deceased retiree’s designated
363-beneficiary a lump sum payment equal to the basic allowance, including all cost–of–living
364-adjustments, that would have been paid from the retiree’s date of retirement through the
365-retiree’s date of death, with interest calculated at 4% per year, compounded annually,
366-through July 1, 2023.
336+ 2. The retroactive lump sum adjustment paid under 32
337+subsubparagraph 1 of this subparagraph shall be reduced by the amount of the optional 33
338+retirement allowance that the retiree has received, including any cost –of–living 34
339+adjustments, from the retiree’s date of retirement through July 1, 2023, with interest 35
340+calculated at 4% per year, compounded annually. 36 8 HOUSE BILL 601
367341
368- 2. The retroactive lump sum adjustment paid under
369-subsubparagraph 1 of this subparagraph shall be reduced by the amount of the optional
370-retirement allowance that the retiree received, including all cost–of–living adjustments,
371-from the retiree’s date of retirement to the retiree’s date of death, with interest calculated
372-at 4% per year, compounded annually.
373342
374- (c) (1) This subsection applies to a retiree of the Law Enforcement Officers’
375-Pension System who:
376343
377- (i) retired on or before December 31, 2012;
344+ (5) If the retiree predeceases the retiree’s designated beneficiary, the 1
345+retiree’s designated beneficiary shall receive the survivor benefit provided under § 2
346+24–403 of the State Personnel and Pensions Article. 3
378347
379- (ii) at the time of retirement, selected one of the optional allowances
380-available under § 21–403 of the State Personnel and Pensions Article and designated an
381-individual of the same sex as the retiree to be a designated beneficiary;
382- WES MOORE, Governor Ch. 199
348+ (6) (i) If a retiree described in paragraph (1) of this subsection dies after 4
349+the date the retiree married the retiree’s designated beneficiary but before July 1, 2023, 5
350+the Board of Trustees shall adjust the survivor benefit the retiree’s designated beneficiary 6
351+is receiving on July 1, 2023, to an amount equal to the survivor benefit under § 24–403 of 7
352+the State Personnel and Pensions Article. 8
383353
384-– 9 –
385- (iii) on or after January 1, 2013, married the retiree’s designated
386-beneficiary; and
354+ (ii) The adjustment made under subparagraph (i) of this paragraph 9
355+shall include any cost–of–living adjustments: 10
387356
388- (iv) on July 1, 2023, was not divorced from the retiree’s designated
389-beneficiary.
357+ 1. the retiree would have received to the retiree’s basic 11
358+allowance from the date of retirement through the retiree’s date of death; and 12
390359
391- (2) (i) On or before December 31, 2023, a retiree described in paragraph
392-(1) of this subsection may submit to the Board of Trustees:
360+ 2. the retiree’s designated beneficiary would have received 13
361+from the date of the retiree’s death through July 1, 2023. 14
393362
394- 1. a form provided by the State Retirement Agency,
395-requesting that the retiree’s optional retirement allowance be converted to a basic
396-allowance that provides the spouse of the retiree with a survivor benefit under § 26–402 of
397-the State Personnel and Pensions Article;
363+ (iii) 1. Any adjustment made under subparagraph (i) of this 15
364+paragraph shall include a lump sum payment of the survivor benefit determined under § 16
365+24–403 of the State Personnel and Pensions Article, including all cost–of–living 17
366+adjustments, that would have been paid from the retiree’s date of death through July 1, 18
367+2023, with interest calculated at 4% per year, compounded annually. 19
398368
399- 2. a marriage license indicating the retiree entered into a
400-marriage with the retiree’s designated beneficiary; and
369+ 2. The retroactive lump sum adjustment paid under 20
370+subsubparagraph 1 of this subparagraph shall be reduced by the amount of the optional 21
371+survivor benefit paid under § 21–403 of the State Personnel and Pensions Article that any 22
372+designated beneficiary has received from the date of the retiree’s death, including any 23
373+cost–of–living adjustments that may have been made, through July 1, 2023, with interest 24
374+calculated at 4% per year, compounded annually. 25
401375
402- 3. a form provided by the State Retirement Agency
403-confirming the retiree and designated beneficiary are not divorced on or before July 1, 2023.
376+ (iv) 1. In addition to the lump sum payment under subparagraph 26
377+(iii) of this paragraph, the Board of Trustees shall pay to the deceased retiree’s designated 27
378+beneficiary a lump sum payment equal to the basic allowance, including all cost–of–living 28
379+adjustments, that would have been paid from the retiree’s date of retirement through the 29
380+retiree’s date of death, with interest calculated at 4% per year, compounded annually, 30
381+through July 1, 2023. 31
404382
405- (ii) If a retiree described in paragraph (1) of this subsection dies after
406-the date the retiree married the retiree’s designated beneficiary but before July 1, 2023,
407-the retiree’s designated beneficiary may submit the documents required under
408-subparagraph (i) of this paragraph.
383+ 2. The retroactive lump sum adjustment paid under 32
384+subsubparagraph 1 of this subparagraph shall be reduced by the amount of the optional 33
385+retirement allowance that the retiree received, including all cost–of–living adjustments, 34
386+from the retiree’s date of retirement to the retiree’s date of death, with interest calculated 35
387+at 4% per year, compounded annually. 36
388+ HOUSE BILL 601 9
409389
410- (3) (i) If a retiree is alive and submitted the documents as required
411-under paragraph (2)(i) of this subsection, the Board of Trustees shall adjust the retiree’s
412-optional retirement allowance as provided in paragraph (4) of this subsection after
413-receiving the documents.
414390
415- (ii) If a retiree is deceased and the retiree’s designated beneficiary
416-submitted the documents under paragraph (2)(ii) of this subsection, the Board of Trustees,
417-after receiving the documents, shall:
391+ (c) (1) This subsection applies to a retiree of the Law Enforcement Officers’ 1
392+Pension System who: 2
418393
419- 1. adjust the designated beneficiary’s survivor benefit as
420-provided in paragraph (6)(i) of this subsection; and
394+ (i) retired on or before December 31, 2012; 3
421395
422- 2. make a lump sum payment to the retiree’s designated
423-beneficiary as provided in paragraph (6)(iii) of this subsection.
396+ (ii) at the time of retirement, selected one of the optional allowances 4
397+available under § 21–403 of the State Personnel and Pensions Article and designated an 5
398+individual of the same sex as the retiree to be a designated beneficiary; 6
424399
425- (4) (i) The Board of Trustees shall adjust a retiree’s optional retirement
426-allowance to an amount equal to the basic allowance the retiree would have received at the
427-time of retirement.
428- Ch. 199 2023 LAWS OF MARYLAND
400+ (iii) on or after January 1, 2013, married the retiree’s designated 7
401+beneficiary; and 8
429402
430-– 10 –
431- (ii) The adjustment made under subparagraph (i) of this paragraph
432-shall include any cost–of–living increases the retiree would have received from the date of
433-retirement through July 1, 2023.
403+ (iv) on July 1, 2023, was not divorced from the retiree’s designated 9
404+beneficiary. 10
434405
435- (iii) 1. Any adjustment made under this paragraph shall include
436-a lump sum payment of the basic allowance, including all cost–of–living adjustments the
437-retiree would have received from the date of retirement through July 1, 2023, with interest
438-calculated at 4% per year, compounded annually.
406+ (2) (i) On or before December 31, 2023, a retiree described in paragraph 11
407+(1) of this subsection may submit to the Board of Trustees: 12
439408
440- 2. The retroactive lump sum adjustment paid under
441-subsubparagraph 1 of this subparagraph shall be reduced by the amount of the optional
442-retirement allowance that the retiree has received, including any cost –of–living
443-adjustments, from the retiree’s date of retirement through July 1, 2023, with interest
444-calculated at 4% per year, compounded annually.
409+ 1. a form provided by the State Retirement Agency, 13
410+requesting that the retiree’s optional retirement allowance be converted to a basic 14
411+allowance that provides the spouse of the retiree with a survivor benefit under § 26–402 of 15
412+the State Personnel and Pensions Article; 16
445413
446- (5) If the retiree predeceases the retiree’s designated beneficiary, the
447-retiree’s designated beneficiary shall receive the survivor benefit provided under §
448-26–402 of the State Personnel and Pensions Article.
414+ 2. a marriage license indicating the retiree entered into a 17
415+marriage with the retiree’s designated beneficiary; and 18
449416
450- (6) (i) If a retiree described in paragraph (1) of this subsection dies after
451-the date the retiree married the retiree’s designated beneficiary but before July 1, 2023,
452-the Board of Trustees shall adjust the survivor benefit the retiree’s designated beneficiary
453-is receiving on July 1, 2023, to an amount equal to the survivor benefit under § 26–402 of
454-the State Personnel and Pensions Article.
417+ 3. a form provided by the State Retirement Agency 19
418+confirming the retiree and designated beneficiary are not divorced on or before July 1, 2023. 20
455419
456- (ii) The adjustment made under subparagraph (i) of this paragraph
457-shall include any cost–of–living adjustments:
420+ (ii) If a retiree described in paragraph (1) of this subsection dies after 21
421+the date the retiree married the retiree’s designated beneficiary but before July 1, 2023, 22
422+the retiree’s designated beneficiary may submit the documents required under 23
423+subparagraph (i) of this paragraph. 24
458424
459- 1. the retiree would have received to the retiree’s basic
460-allowance from the date of retirement through the retiree’s date of death; and
425+ (3) (i) If a retiree is alive and submitted the documents as required 25
426+under paragraph (2)(i) of this subsection, the Board of Trustees shall adjust the retiree’s 26
427+optional retirement allowance as provided in paragraph (4) of this subsection after 27
428+receiving the documents. 28
461429
462- 2. the retiree’s designated beneficiary would have received
463-from the date of the retiree’s death through July 1, 2023.
430+ (ii) If a retiree is deceased and the retiree’s designated beneficiary 29
431+submitted the documents under paragraph (2)(ii) of this subsection, the Board of Trustees, 30
432+after receiving the documents, shall: 31
464433
465- (iii) 1. Any adjustment made under subparagraph (i) of this
466-paragraph shall include a lump sum payment of the survivor benefit determined under §
467-26–402 of the State Personnel and Pensions Articl e, including all cost–of–living
468-adjustments, that would have been paid from the retiree’s date of death through July 1,
469-2023, with interest calculated at 4% per year, compounded annually.
434+ 1. adjust the designated beneficiary’s survivor benefit as 32
435+provided in paragraph (6)(i) of this subsection; and 33
436+ 10 HOUSE BILL 601
470437
471- 2. The retroactive lump sum adjustment paid under
472-subsubparagraph 1 of this subparagraph shall be reduced by the amount of the optional
473-survivor benefit paid under § 21–403 of the State Personnel and Pensions Article that any
474-designated beneficiary has received from the date of the retiree’s death, including any
475-cost–of–living adjustments that may have been made, through July 1, 2023, with interest
476-calculated at 4% per year, compounded annually. WES MOORE, Governor Ch. 199
477438
478-– 11 –
439+ 2. make a lump sum payment to the retiree’s designated 1
440+beneficiary as provided in paragraph (6)(iii) of this subsection. 2
479441
480- (iv) 1. In addition to the lump sum payment under subparagraph
481-(iii) of this paragraph, the Board of Trustees shall pay to the deceased retiree’s designated
482-beneficiary a lump sum payment equal to the basic allowance, including all cost–of–living
483-adjustments, that would have been paid from the retiree’s date of retirement through the
484-retiree’s date of death, with interest calculated at 4% per year, compounded annually,
485-through July 1, 2023.
442+ (4) (i) The Board of Trustees shall adjust a retiree’s optional retirement 3
443+allowance to an amount equal to the basic allowance the retiree would have received at the 4
444+time of retirement. 5
486445
487- 2. The retroactive lump sum adjustment paid under
488-subsubparagraph 1 of this subparagraph shall be reduced by the amount of the optional
489-retirement allowance that the retiree received, including all cost–of–living adjustments,
490-from the retiree’s date of retirement to the retiree’s date of death, with interest calculated
491-at 4% per year, compounded annually.
446+ (ii) The adjustment made under subparagraph (i) of this paragraph 6
447+shall include any cost–of–living increases the retiree would have received from the date of 7
448+retirement through July 1, 2023. 8
492449
493- (d) (1) This subsection applies to a retiree of the Judges’ Retirement System
494-who:
450+ (iii) 1. Any adjustment made under this paragraph shall include 9
451+a lump sum payment of the basic allowance, including all cost–of–living adjustments the 10
452+retiree would have received from the date of retirement through July 1, 2023, with interest 11
453+calculated at 4% per year, compounded annually. 12
495454
496- (i) retired on or before December 31, 2012;
455+ 2. The retroactive lump sum adjustment paid under 13
456+subsubparagraph 1 of this subparagraph shall be reduced by the amount of the optional 14
457+retirement allowance that the retiree has received, including any cost–of–living 15
458+adjustments, from the retiree’s date of retirement through July 1, 2023, with interest 16
459+calculated at 4% per year, compounded annually. 17
497460
498- (ii) at the time of retirement, selected one of the optional allowances
499-available under § 21–403 of the State Personnel and Pensions Article and designated an
500-individual of the same sex as the retiree to be a designated beneficiary;
461+ (5) If the retiree predeceases the retiree’s designated beneficiary, the 18
462+retiree’s designated beneficiary shall receive the survivor benefit provided under § 19
463+26–402 of the State Personnel and Pensions Article. 20
501464
502- (iii) on or after January 1, 2013, married the retiree’s designated
503-beneficiary; and
465+ (6) (i) If a retiree described in paragraph (1) of this subsection dies after 21
466+the date the retiree married the retiree’s designated beneficiary but before July 1, 2023, 22
467+the Board of Trustees shall adjust the survivor benefit the retiree’s designated beneficiary 23
468+is receiving on July 1, 2023, to an amount equal to the survivor benefit under § 26–402 of 24
469+the State Personnel and Pensions Article. 25
504470
505- (iv) on July 1, 2023, was not divorced from the retiree’s designated
506-beneficiary.
471+ (ii) The adjustment made under subparagraph (i) of this paragraph 26
472+shall include any cost–of–living adjustments: 27
507473
508- (2) (i) On or before December 31, 2023, a retiree described in paragraph
509-(1) of this subsection may submit to the Board of Trustees:
474+ 1. the retiree would have received to the retiree’s basic 28
475+allowance from the date of retirement through the retiree’s date of death; and 29
510476
511- 1. a form provided by the State Retirement Agency,
512-requesting that the retiree’s optional retirement allowance be converted to a basic
513-allowance that provides the spouse of the retiree with a survivor benefit under § 27–403 of
514-the State Personnel and Pensions Article;
477+ 2. the retiree’s designated beneficiary would have received 30
478+from the date of the retiree’s death through July 1, 2023. 31
515479
516- 2. a marriage license indicating the retiree entered into a
517-marriage with the retiree’s designated beneficiary; and
480+ (iii) 1. Any adjustment made under subparagraph (i) of this 32
481+paragraph shall include a lump sum payment of the survivor benefit determined under § 33
482+26–402 of the State Personnel and Pensions Article, including all cost–of–living 34
483+adjustments, that would have been paid from the retiree’s date of death through July 1, 35
484+2023, with interest calculated at 4% per year, compounded annually. 36
485+ HOUSE BILL 601 11
518486
519- 3. a form provided by the State Retirement Agency
520-confirming the retiree and designated beneficiary are not divorced on or before July 1, 2023.
521487
522- (ii) If a retiree described in paragraph (1) of this subsection dies after
523-the date the retiree married the retiree’s designated beneficiary but before July 1, 2023, Ch. 199 2023 LAWS OF MARYLAND
488+ 2. The retroactive lump sum adjustment paid under 1
489+subsubparagraph 1 of this subparagraph shall be reduced by the amount of the optional 2
490+survivor benefit paid under § 21–403 of the State Personnel and Pensions Article that any 3
491+designated beneficiary has received from the date of the retiree’s death, including any 4
492+cost–of–living adjustments that may have been made, through July 1, 2023, with interest 5
493+calculated at 4% per year, compounded annually. 6
524494
525-– 12 –
526-the retiree’s designated beneficiary may submit the documents required under
527-subparagraph (i) of this paragraph.
495+ (iv) 1. In addition to the lump sum payment under subparagraph 7
496+(iii) of this paragraph, the Board of Trustees shall pay to the deceased retiree’s designated 8
497+beneficiary a lump sum payment equal to the basic allowance, including all cost–of–living 9
498+adjustments, that would have been paid from the retiree’s date of retirement through the 10
499+retiree’s date of death, with interest calculated at 4% per year, compounded annually, 11
500+through July 1, 2023. 12
528501
529- (3) (i) If a retiree is alive and submitted the documents as required
530-under paragraph (2)(i) of this subsection, the Board of Trustees shall adjust the retiree’s
531-optional retirement allowance as provided in paragraph (4) of this subsection after
532-receiving the documents.
502+ 2. The retroactive lump sum adjustment paid under 13
503+subsubparagraph 1 of this subparagraph shall be reduced by the amount of the optional 14
504+retirement allowance that the retiree received, including all cost–of–living adjustments, 15
505+from the retiree’s date of retirement to the retiree’s date of death, with interest calculated 16
506+at 4% per year, compounded annually. 17
533507
534- (ii) If a retiree is deceased and the retiree’s designated beneficiary
535-submitted the documents under paragraph (2)(ii) of this subsection, the Board of Trustees,
536-after receiving the documents, shall:
508+ (d) (1) This subsection applies to a retiree of the Judges’ Retirement System 18
509+who: 19
537510
538- 1. adjust the designated beneficiary’s survivorship benefit as
539-provided in paragraph (6)(i) of this subsection; and
511+ (i) retired on or before December 31, 2012; 20
540512
541- 2. make a lump sum payment to the retiree’s designated
542-beneficiary as provided in paragraph (6)(iii) of this subsection.
513+ (ii) at the time of retirement, selected one of the optional allowances 21
514+available under § 21–403 of the State Personnel and Pensions Article and designated an 22
515+individual of the same sex as the retiree to be a designated beneficiary; 23
543516
544- (4) (i) The Board of Trustees shall adjust a retiree’s optional retirement
545-allowance to an amount equal to the basic allowance the retiree would have received at the
546-time of retirement.
517+ (iii) on or after January 1, 2013, married the retiree’s designated 24
518+beneficiary; and 25
547519
548- (ii) The adjustment made under subparagraph (i) of this paragraph
549-shall include any cost–of–living increases the retiree would have received from the date of
550-retirement through July 1, 2023.
520+ (iv) on July 1, 2023, was not divorced from the retiree’s designated 26
521+beneficiary. 27
551522
552- (iii) 1. Any adjustment made under this paragraph shall include
553-a lump sum payment of the basic allowance, including all cost–of–living adjustments the
554-retiree would have received from the date of retirement through July 1, 2023, with interest
555-calculated at 4% per year, compounded annually.
523+ (2) (i) On or before December 31, 2023, a retiree described in paragraph 28
524+(1) of this subsection may submit to the Board of Trustees: 29
556525
557- 2. The retroactive lump sum adjustment paid under
558-subsubparagraph 1 of this subparagraph shall be reduced by the amount of the optional
559-retirement allowance that the retiree has received, including any cost –of–living
560-adjustments, from the retiree’s date of retirement through July 1, 2023, with interest
561-calculated at 4% per year, compounded annually.
526+ 1. a form provided by the State Retirement Agency, 30
527+requesting that the retiree’s optional retirement allowance be converted to a basic 31
528+allowance that provides the spouse of the retiree with a survivor benefit under § 27–403 of 32
529+the State Personnel and Pensions Article; 33
562530
563- (5) If the retiree predeceases the retiree’s designated beneficiary, the
564-retiree’s designated beneficiary shall receive the survivor benefit provided under §
565-27–403 of the State Personnel and Pensions Article.
531+ 2. a marriage license indicating the retiree entered into a 34
532+marriage with the retiree’s designated beneficiary; and 35
533+ 12 HOUSE BILL 601
566534
567- (6) (i) If a retiree described in paragraph (1) of this subsection dies after
568-the date the retiree married the retiree’s designated beneficiary but before July 1, 2023,
569-the Board of Trustees shall adjust the survivor benefit the retiree’s designated beneficiary
570-is receiving on July 1, 2023, to an amount equal to the survivor benefit under § 27–403 of
571-the State Personnel and Pensions Article. WES MOORE, Governor Ch. 199
572535
573-– 13 –
536+ 3. a form provided by the State Retirement Agency 1
537+confirming the retiree and designated beneficiary are not divorced on or before July 1, 2023. 2
574538
575- (ii) The adjustment made under subparagraph (i) of this paragraph
576-shall include any cost–of–living adjustments:
539+ (ii) If a retiree described in paragraph (1) of this subsection dies after 3
540+the date the retiree married the retiree’s designated beneficiary but before July 1, 2023, 4
541+the retiree’s designated beneficiary may submit the documents required under 5
542+subparagraph (i) of this paragraph. 6
577543
578- 1. the retiree would have received to the retiree’s basic
579-allowance from the date of retirement through the retiree’s date of death; and
544+ (3) (i) If a retiree is alive and submitted the documents as required 7
545+under paragraph (2)(i) of this subsection, the Board of Trustees shall adjust the retiree’s 8
546+optional retirement allowance as provided in paragraph (4) of this subsection after 9
547+receiving the documents. 10
580548
581- 2. the retiree’s designated beneficiary would have received
582-from the date of the retiree’s death through July 1, 2023.
549+ (ii) If a retiree is deceased and the retiree’s designated beneficiary 11
550+submitted the documents under paragraph (2)(ii) of this subsection, the Board of Trustees, 12
551+after receiving the documents, shall: 13
583552
584- (iii) 1. Any adjustment made under subparagraph (i) of this
585-paragraph shall include a lump sum payment of the survivor benefit determined under §
586-27–403 of the State Personnel and Pensions Article, including all cost–of–living
587-adjustments, that would have been paid from the retiree’s date of death through July 1,
588-2023, with interest calculated at 4% per year, compounded annually.
553+ 1. adjust the designated beneficiary’s survivorship benefit as 14
554+provided in paragraph (6)(i) of this subsection; and 15
589555
590- 2. The retroactive lump sum adjustment paid under
591-subsubparagraph 1 of this subparagraph shall be reduced by the amount of the optional
592-survivor benefit paid under § 21–403 of the State Personnel and Pensions Article that any
593-designated beneficiary has received from the date of the retiree’s death, including any
594-cost–of–living adjustments that may have been made, through July 1, 2023, with interest
595-calculated at 4% per year, compounded annually.
556+ 2. make a lump sum payment to the retiree’s designated 16
557+beneficiary as provided in paragraph (6)(iii) of this subsection. 17
596558
597- (iv) 1. In addition to the lump sum payment under subparagraph
598-(iii) of this paragraph, the Board of Trustees shall pay to the deceased retiree’s designated
599-beneficiary a lump sum payment equal to the basic allowance, including all cost–of–living
600-adjustments, that would have been paid from the retiree’s date of retirement through the
601-retiree’s date of death, with interest calculated at 4% per year, compounded annually,
602-through July 1, 2023.
559+ (4) (i) The Board of Trustees shall adjust a retiree’s optional retirement 18
560+allowance to an amount equal to the basic allowance the retiree would have received at the 19
561+time of retirement. 20
603562
604- 2. The retroactive lump sum adjustment paid under
605-subsubparagraph 1 of this subparagraph shall be reduced by the amount of the optional
606-retirement allowance that the retiree received, including all cost–of–living adjustments,
607-from the retiree’s date of retirement to the retiree’s date of death, with interest calculated
608-at 4% per year, compounded annually.
563+ (ii) The adjustment made under subparagraph (i) of this paragraph 21
564+shall include any cost–of–living increases the retiree would have received from the date of 22
565+retirement through July 1, 2023. 23
609566
610- SECTION 3. AND BE IT FURTH ER ENACTED, That this Act shall take effect July
611-1, 2023. It shall remain effective for a period of 1 year and, at the end of June 30, 2024, this
612-Act, with no further action required by the General Assembly, shall be abrogated and of no
613-further force and effect.
567+ (iii) 1. Any adjustment made under this paragraph shall include 24
568+a lump sum payment of the basic allowance, including all cost–of–living adjustments the 25
569+retiree would have received from the date of retirement through July 1, 2023, with interest 26
570+calculated at 4% per year, compounded annually. 27
614571
615-Approved by the Governor, April 24, 2023.
572+ 2. The retroactive lump sum ad justment paid under 28
573+subsubparagraph 1 of this subparagraph shall be reduced by the amount of the optional 29
574+retirement allowance that the retiree has received, including any cost –of–living 30
575+adjustments, from the retiree’s date of retirement through July 1, 2023, with interest 31
576+calculated at 4% per year, compounded annually. 32
577+
578+ (5) If the retiree predeceases the retiree’s designated beneficiary, the 33
579+retiree’s designated beneficiary shall receive the survivor benefit provided under § 34
580+27–403 of the State Personnel and Pensions Article. 35
581+ HOUSE BILL 601 13
582+
583+
584+ (6) (i) If a retiree described in paragraph (1) of this subsection dies after 1
585+the date the retiree married the retiree’s designated beneficiary but before July 1, 2023, 2
586+the Board of Trustees shall adjust the survivor benefit the retiree’s designated beneficiary 3
587+is receiving on July 1, 2023, to an amount equal to the survivor benefit under § 27–403 of 4
588+the State Personnel and Pensions Article. 5
589+
590+ (ii) The adjustment made under subparagraph (i) of this paragraph 6
591+shall include any cost–of–living adjustments: 7
592+
593+ 1. the retiree would have received to the retiree’s basic 8
594+allowance from the date of retirement through the retiree’s date of death; and 9
595+
596+ 2. the retiree’s designated beneficiary would have received 10
597+from the date of the retiree’s death through July 1, 2023. 11
598+
599+ (iii) 1. Any adjustment made under subparagraph (i) of this 12
600+paragraph shall include a lump sum payment of the survivor benefit determined under § 13
601+27–403 of the State Personnel and Pensions Article, including all cost–of–living 14
602+adjustments, that would have been paid from the retiree’s date of death through July 1, 15
603+2023, with interest calculated at 4% per year, compounded annually. 16
604+
605+ 2. The retroactive lump sum adjustment paid under 17
606+subsubparagraph 1 of this subparagraph shall be reduced by the amount of the optional 18
607+survivor benefit paid under § 21–403 of the State Personnel and Pensions Article that any 19
608+designated beneficiary has received from the date of the retiree’s death, including any 20
609+cost–of–living adjustments that may have been made, through July 1, 2023, with interest 21
610+calculated at 4% per year, compounded annually. 22
611+
612+ (iv) 1. In addition to the lump sum payment under subparagraph 23
613+(iii) of this paragraph, the Board of Trustees shall pay to the deceased retiree’s designated 24
614+beneficiary a lump sum payment equal to the basic allowance, including all cost–of–living 25
615+adjustments, that would have been paid from the retiree’s date of retirement through the 26
616+retiree’s date of death, with interest calculated at 4% per year, compounded annually, 27
617+through July 1, 2023. 28
618+
619+ 2. The retroactive lump sum adjustment paid under 29
620+subsubparagraph 1 of this subparagraph shall be reduced by the amount of the optional 30
621+retirement allowance that the retiree received, including all cost–of–living adjustments, 31
622+from the retiree’s date of retirement to the retiree’s date of death, with interest calculated 32
623+at 4% per year, compounded annually. 33
624+
625+ SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 34
626+1, 2023. It shall remain effective for a period of 1 year and, at the end of June 30, 2024, this 35
627+Act, with no further action required by the General Assembly, shall be abrogated and of no 36
628+further force and effect. 37
629+