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.
*hb0791*
HOUSE BILL 791
P6 3lr2697
CF SB 368
By: Delegates Hornberger, Anderton, Boafo, Hartman, Hutchinson, Kaiser, and Qi
Introduced and read first time: February 8, 2023
Assigned to: Appropriations
Committee Report: Favorable
House action: Adopted
Read second time: March 1, 2023
CHAPTER ______
AN ACT concerning 1
Law Enforcement Officers’ Pension System – Membership – Emergency Medical 2
Technicians 3
FOR the purpose of authorizing membership in the Law Enforcement Officers’ Pension 4
System for certain emergency medical technicians under certain circumstances; and 5
generally relating to membership in the Law Enforcement Officers’ Pension System. 6
BY repealing and reenacting, with amendments, 7
Article – State Personnel and Pensions 8
Section 26–201, 31–2A–01, 31–2A–03, 31–2A–04, and 31–2A–05 9
Annotated Code of Maryland 10
(2015 Replacement Volume and 2022 Supplement) 11
BY repealing and reenacting, without amendments, 12
Article – State Personnel and Pensions 13
Section 31–2A–02 and 31–2A–03.1 14
Annotated Code of Maryland 15
(2015 Replacement Volume and 2022 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – State Personnel and Pensions 19
26–201. 20 2 HOUSE BILL 791
(a) Except as provided in subsection (b) of this section, this subtitle applies only 1
to: 2
(1) an employee of the Department of Natural Resources commissioned by 3
the Secretary of Natural Resources as: 4
(i) a Natural Resources police officer; or 5
(ii) a law enforcement officer, other than a Natural Resources police 6
officer; 7
(2) a law enforcement officer employed by: 8
(i) the Field Enforcement Bureau; or 9
(ii) the Field Enforcement Division of the Alcohol and Tobacco 10
Commission; 11
(3) a member of the Maryland Transportation Authority Police Force who 12
has the powers granted to a police officer under § 4–208 of the Transportation Article; 13
(4) a deputy sheriff employed by the Baltimore City Sheriff’s Department; 14
(5) a member of the University System of Maryland Police Force who has 15
the powers granted to a police officer under § 13–601 of the Education Article; 16
(6) a law enforcement officer or firefighter employed by a participating 17
governmental unit that on or after July 1, 1999 has elected to participate in the Law 18
Enforcement Officers’ Pension System; 19
(7) the State Fire Marshal or a Deputy State Fire Marshal; 20
(8) a member of the Morgan State University Police Force who has the 21
powers granted to a police officer under § 14–106 of the Education Article; 22
(9) a member of the BWI Airport Fire & Rescue Department; 23
(10) a member of the Maryland Capitol Police of the Department of General 24
Services who has the powers granted to a police officer under § 4–605 of the State Finance 25
and Procurement Article; 26
(11) an employee of the Maryland Department of Health commissioned by 27
the Secretary of Health as a Maryland Department of Health police officer; 28
(12) an employee of the Motor Vehicle Administration commissioned by the 29
Secretary of Transportation as a Motor Vehicle Administration police officer; 30 HOUSE BILL 791 3
(13) a firefighter or law enforcement officer for the Martin State Airport 1
employed by the Military Department; 2
(14) a police officer employed by the Division of Rehabilitation Services in 3
the Department of Education, certified in accordance with the Maryland Police and 4
Correctional Training Commissions; 5
(15) a firefighter or paramedic employed by the Salisbury Fire Department 6
who is eligible to be a member as provided in Title 31, Subtitle 2A of this article; 7
(16) an aviator employed by the Department of State Police to operate an 8
aircraft for the State Emergency Medical System; 9
(17) a member of the Maryland Transit Administration Police Force who has 10
the powers granted to a police officer under § 7–207 of the Transportation Article; 11
(18) an individual who is elected or appointed as the Baltimore City Sheriff 12
and who does not elect to join the Employees’ Pension System under Title 23 of this article 13
within 6 months of the date the individual begins serving as the Baltimore City Sheriff; 14
(19) a member of the Department of Public Safety and Correctional Services 15
Intelligence and Investigative Division who has the powers granted to a police officer under 16
§ 10–701 of the Correctional Services Article; 17
(20) a police officer employed by the Baltimore City Community College who 18
has the power granted to a police officer under § 16–513 of the Education Article; 19
(21) an employee of the Warrant Apprehension Unit of the Intelligence and 20
Investigative Division in the Department of Public Safety and Correctional Services who 21
has the powers granted to a peace officer or police officer under § 10–702 of the Correctional 22
Services Article; [and] 23
(22) the Executive Director of the Alcohol and Tobacco Commission; AND 24
(23) AN EMERGENCY MEDICAL TECHNICIAN EMPLOYED BY A 25
PARTICIPATING GOVERN MENTAL UNIT WHO IS ELIGIBLE TO B E A MEMBER AS 26
PROVIDED IN TITLE 31, SUBTITLE 2A OF THIS ARTICLE . 27
(b) This subtitle does not apply to: 28
(1) a Maryland Transportation Authority police officer who transferred 29
from the Employees’ Retirement System to the Employees’ Pension System on or after 30
December 1, 1996; 31
(2) a deputy sheriff employed by the Baltimore City Sheriff’s Department 32 4 HOUSE BILL 791
who transferred from the Employees’ Retirement System to the Employees’ Pension System 1
on or after December 1, 1996; 2
(3) a member of the University System of Maryland Police Force who 3
transferred from the Employees’ Retirement System to the Employees’ Pension System on 4
or after December 1, 1997; 5
(4) a law enforcement officer [or], firefighter, OR EMERGENCY MEDICAL 6
TECHNICIAN employed by a participating governmental unit who transferred from the 7
Employees’ Retirement System to the Employees’ Pension System on or after December 1, 8
1997; 9
(5) a Maryland Port Administration police officer who transferred from the 10
Employees’ Retirement System to the Employees’ Pension System on or after December 1, 11
1997; 12
(6) a State Fire Marshal or Deputy State Fire Marshal who transferred 13
from the Employees’ Retirement System to the Employees’ Pension System on or after 14
December 1, 1996; 15
(7) a member of the Morgan State University Police Force who transferred 16
from the Employees’ Retirement System to the Employees’ Pension System on or after 17
December 1, 1997; 18
(8) a member of the BWI Airport Fire & Rescue Department who 19
transferred from the Employees’ Retirement System to the Employees’ Pension System on 20
or after April 1, 1998; 21
(9) a member of the Maryland Capitol Police of the Department of General 22
Services, Maryland Department of Health, or Motor Vehicle Administration who 23
transferred from the Employees’ Retirement System to the Employees’ Pension System on 24
or after April 1, 1998; 25
(10) a firefighter or law enforcement officer for the Martin State Airport 26
employed by the Military Department who transferred from the Employees’ Retirement 27
System to the Employees’ Pension System on or after April 1, 1998; 28
(11) a police officer employed by the Division of Rehabilitation Services in 29
the Department of Education who: 30
(i) is certified in accordance with the Maryland Police and 31
Correctional Training Commissions; and 32
(ii) transferred from the Employees’ Retirement System to the 33
Employees’ Pension System on or after April 1, 1998; 34
(12) a firefighter or paramedic employed by the Salisbury Fire Department 35 HOUSE BILL 791 5
who transferred from the Employees’ Retirement System to the Employees’ Pension System 1
on or after April 1, 1998; 2
(13) an aviator employed by the Department of State Police to operate an 3
aircraft for the State Emergency Medical System who transferred from the Employees’ 4
Retirement System to the Employees’ Pension System on or after April 1, 1998; or 5
(14) a police officer employed by the Baltimore City Community College who 6
transferred from the Employees’ Retirement System to the Employees’ Pension System on 7
or after December 1, 1996. 8
31–2A–01. 9
(a) In this subtitle the following words have the meanings indicated. 10
(b) “Effective date” means the date that an eligible governmental unit commenced 11
or commences participation in the Law Enforcement Officers’ Pension System. 12
(c) “Eligible governmental unit” means a governmental unit that is eligible to 13
participate in the Law Enforcement Officers’ Pension System under § 31–2A–02 of this 14
subtitle. 15
(D) (1) “EMERGENCY MEDICAL TEC HNICIAN” MEANS A PAID EMERGEN CY 16
MEDICAL TECHNICIAN , AS DETERMINED B Y THE ELIGIBLE GOVER NMENTAL UNIT . 17
(2) “EMERGENCY MEDICAL TEC HNICIAN” DOES NOT INCLUDE A 18
VOLUNTEER EMERGENCY MEDICAL TECHNICIAN . 19
[(d)] (E) (1) “Firefighter” means: 20
(i) a paid firefighter, as determined by the eligible governmental 21
unit; or 22
(ii) a paid paramedic, as determined by the eligible governmental 23
unit. 24
(2) “Firefighter” does not include: 25
(i) a volunteer firefighter; or 26
(ii) a volunteer paramedic. 27
[(e)] (F) “Law enforcement officer” means an individual certified by the 28
Maryland Police Training and Standards Commission as a law enforcement officer. 29
[(f)] (G) (1) “Local plan” means a plan or any other arrangement of an 30 6 HOUSE BILL 791
eligible governmental unit that is described in § 219(g)(5) of the Internal Revenue Code. 1
(2) “Local plan” does not include a plan established under § 457 of the 2
Internal Revenue Code. 3
[(g)] (H) “State system” has the meaning stated in § 20–101(pp) of this article. 4
31–2A–02. 5
Subject to § 31–2A–03 of this subtitle, the governmental units that are eligible to 6
participate in the Law Enforcement Officers’ Pension System are: 7
(1) counties; and 8
(2) municipal corporations. 9
31–2A–03. 10
(a) Subject to subsection (b) of this section, the legislative body of an eligible 11
governmental unit may approve participation by its law enforcement officers [or], 12
firefighters, OR EMERGENCY MEDICAL TECHNICIAN S in the Law Enforcement Officers’ 13
Pension System if: 14
(1) the legislative body adopts a resolution in the form prescribed by the 15
Board of Trustees; and 16
(2) the eligible governmental unit participates in a State system or 17
operates a local plan, only if: 18
(i) at least 60% of the law enforcement officers [or], firefighters, OR 19
EMERGENCY MEDICAL TE CHNICIANS of the eligible governmental unit petition to 20
become members of the Law Enforcement Officers’ Pension System; 21
(ii) the eligible governmental unit satisfies the requirements in 22
subsection (b) of this section; and 23
(iii) the legislative body approves participation of its law enforcement 24
officers [or], firefighters, OR EMERGENCY MEDICAL TECHNICIANS in lieu of participation 25
in the State system or local plan. 26
(b) An eligible governmental unit that operates a local plan or participates in a 27
State system may approve participation of its law enforcement officers [or], firefighters, 28
OR EMERGENCY MEDICAL TECHNICIANS in the Law Enforcement Officers’ Pension 29
System only if: 30
(1) the State system or local plan of the eligible governmental unit requires 31 HOUSE BILL 791 7
member contributions at the same rate as the member contribution rate that would be 1
applicable to the law enforcement officers [or], firefighters, OR EMERGENCY MEDICAL 2
TECHNICIANS of the eligible governmental unit in the Law Enforcement Officers’ Pension 3
System; or 4
(2) the eligible governmental unit: 5
(i) does not provide for the employer pickup of member 6
contributions to the State system or local plan within the meaning of § 414(h)(2) of the 7
Internal Revenue Code; and 8
(ii) certifies that it will not become an approved employer under § 9
21–313 of this article on or after the effective date of participation. 10
(c) (1) If an eligible governmental unit does not satisfy the requirements 11
under subsection (b) of this section, the eligible governmental unit may submit a request to 12
the Board of Trustees to participate in the Law Enforcement Officers’ Pension System. 13
(2) The Board of Trustees shall consider a request made under paragraph 14
(1) of this subsection and determine whether any legislation is necessary to allow the 15
eligible governmental unit to participate in the Law Enforcement Officers’ Pension System. 16
(3) The Board of Trustees shall make recommendations to the Joint 17
Committee on Pensions regarding any legislation that it determines is necessary to allow 18
the eligible governmental unit to participate in the Law Enforcement Officers’ Pension 19
System. 20
31–2A–03.1. 21
(a) Except as provided in subsection (b) of this section, the effective date of 22
participation for an eligible governmental unit is July 1 of the year following the fiscal year 23
in which the eligible governmental unit elects to participate in the Law Enforcement 24
Officers’ Pension System. 25
(b) If an eligible governmental unit does not provide the Board of Trustees with 26
the necessary documentation to join the Law Enforcement Officers’ Pension System on or 27
before the effective date for the eligible governmental unit, the effective date shall be 28
postponed until July 1 of the second year following the fiscal year in which the eligible 29
governmental unit elects to participate in the Law Enforcement Officers’ Pension System. 30
31–2A–04. 31
If a law enforcement officer, firefighter, EMERGENCY MEDICAL TE CHNICIAN, or 32
paramedic joins the Law Enforcement Officers’ Pension System on the effective date, the 33
member is entitled to credit for employment with the participating governmental unit 34
before the effective date. 35
8 HOUSE BILL 791
31–2A–05. 1
(a) This section applies only to a local plan that is a qualified plan under § 401(a) 2
of the Internal Revenue Code and provides a defined benefit to its participants. 3
(b) If an eligible governmental unit approves participation in the Law 4
Enforcement Officers’ Pension System, the operation of the local plan or State system with 5
respect to the law enforcement officers, firefighters, EMERGENCY MEDICAL 6
TECHNICIANS, or paramedics terminates on the effective date. 7
(c) (1) On the effective date: 8
(i) the assets to the credit of the local plan or State system that 9
relate to the law enforcement officers, firefighters, EMERGENCY MEDICAL TE CHNICIANS, 10
or paramedics who elect to become members shall be transferred to the Law Enforcement 11
Officers’ Pension System; and 12
(ii) the trustee or other administrative head of the local plan or State 13
system shall certify the proportion of the funds of the local plan or State system that 14
represents the accumulated contributions of the members as of that date. 15
(2) The accumulated contributions shall be credited to the respective 16
annuity savings accounts of the members in the Law Enforcement Officers’ Pension 17
System. 18
(3) The balance of the funds transferred to the Law Enforcement Officers’ 19
Pension System shall be offset against the special accrued liability to be funded by the 20
participating governmental unit as provided by § 21–306.1(d) of this article. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 22
1, 2023. 23
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.