MD
Maryland House Bill HB791

Maryland 2023 Regular Session

Maryland House Bill HB791 Compare Versions

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1- WES MOORE, Governor Ch. 188
21
3-– 1 –
4-Chapter 188
5-(House Bill 791)
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+ *hb0791*
89
9-Law Enforcement Officers’ Pension System – Membership – Emergency Medical
10-Technicians
10+HOUSE BILL 791
11+P6 3lr2697
12+ CF SB 368
13+By: Delegates Hornberger, Anderton, Boafo, Hartman, Hutchinson, Kaiser, and Qi
14+Introduced and read first time: February 8, 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 membership in the Law Enforcement Officers’ Pension
13-System for certain emergency medical technicians under certain circumstances; and
14-generally relating to membership in the Law Enforcement Officers’ Pension System.
20+CHAPTER ______
1521
16-BY repealing and reenacting, with amendments,
17- Article – State Personnel and Pensions
18-Section 26–201, 31–2A–01, 31–2A–03, 31–2A–04, and 31–2A–05
19- Annotated Code of Maryland
20- (2015 Replacement Volume and 2022 Supplement)
22+AN ACT concerning 1
2123
22-BY repealing and reenacting, without amendments,
23- Article – State Personnel and Pensions
24-Section 31–2A–02 and 31–2A–03.1
25- Annotated Code of Maryland
26- (2015 Replacement Volume and 2022 Supplement)
24+Law Enforcement Officers’ Pension System – Membership – Emergency Medical 2
25+Technicians 3
2726
28- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
29-That the Laws of Maryland read as follows:
27+FOR the purpose of authorizing membership in the Law Enforcement Officers’ Pension 4
28+System for certain emergency medical technicians under certain circumstances; and 5
29+generally relating to membership in the Law Enforcement Officers’ Pension System. 6
3030
31-Article – State Personnel and Pensions
31+BY repealing and reenacting, with amendments, 7
32+ Article – State Personnel and Pensions 8
33+Section 26–201, 31–2A–01, 31–2A–03, 31–2A–04, and 31–2A–05 9
34+ Annotated Code of Maryland 10
35+ (2015 Replacement Volume and 2022 Supplement) 11
3236
33-26–201.
37+BY repealing and reenacting, without amendments, 12
38+ Article – State Personnel and Pensions 13
39+Section 31–2A–02 and 31–2A–03.1 14
40+ Annotated Code of Maryland 15
41+ (2015 Replacement Volume and 2022 Supplement) 16
3442
35- (a) Except as provided in subsection (b) of this section, this subtitle applies only
36-to:
43+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
44+That the Laws of Maryland read as follows: 18
3745
38- (1) an employee of the Department of Natural Resources commissioned by
39-the Secretary of Natural Resources as:
46+Article – State Personnel and Pensions 19
4047
41- (i) a Natural Resources police officer; or
48+26–201. 20 2 HOUSE BILL 791
4249
43- (ii) a law enforcement officer, other than a Natural Resources police
44-officer;
4550
46- (2) a law enforcement officer employed by:
4751
48- (i) the Field Enforcement Bureau; or
49- Ch. 188 2023 LAWS OF MARYLAND
52+ (a) Except as provided in subsection (b) of this section, this subtitle applies only 1
53+to: 2
5054
51-– 2 –
52- (ii) the Field Enforcement Division of the Alcohol and Tobacco
53-Commission;
55+ (1) an employee of the Department of Natural Resources commissioned by 3
56+the Secretary of Natural Resources as: 4
5457
55- (3) a member of the Maryland Transportation Authority Police Force who
56-has the powers granted to a police officer under § 4–208 of the Transportation Article;
58+ (i) a Natural Resources police officer; or 5
5759
58- (4) a deputy sheriff employed by the Baltimore City Sheriff’s Department;
60+ (ii) a law enforcement officer, other than a Natural Resources police 6
61+officer; 7
5962
60- (5) a member of the University System of Maryland Police Force who has
61-the powers granted to a police officer under § 13–601 of the Education Article;
63+ (2) a law enforcement officer employed by: 8
6264
63- (6) a law enforcement officer or firefighter employed by a participating
64-governmental unit that on or after July 1, 1999 has elected to participate in the Law
65-Enforcement Officers’ Pension System;
65+ (i) the Field Enforcement Bureau; or 9
6666
67- (7) the State Fire Marshal or a Deputy State Fire Marshal;
67+ (ii) the Field Enforcement Division of the Alcohol and Tobacco 10
68+Commission; 11
6869
69- (8) a member of the Morgan State University Police Force who has the
70-powers granted to a police officer under § 14–106 of the Education Article;
70+ (3) a member of the Maryland Transportation Authority Police Force who 12
71+has the powers granted to a police officer under § 4–208 of the Transportation Article; 13
7172
72- (9) a member of the BWI Airport Fire & Rescue Department;
73+ (4) a deputy sheriff employed by the Baltimore City Sheriff’s Department; 14
7374
74- (10) a member of the Maryland Capitol Police of the Department of General
75-Services who has the powers granted to a police officer under § 4–605 of the State Finance
76-and Procurement Article;
75+ (5) a member of the University System of Maryland Police Force who has 15
76+the powers granted to a police officer under § 13–601 of the Education Article; 16
7777
78- (11) an employee of the Maryland Department of Health commissioned by
79-the Secretary of Health as a Maryland Department of Health police officer;
78+ (6) a law enforcement officer or firefighter employed by a participating 17
79+governmental unit that on or after July 1, 1999 has elected to participate in the Law 18
80+Enforcement Officers’ Pension System; 19
8081
81- (12) an employee of the Motor Vehicle Administration commissioned by the
82-Secretary of Transportation as a Motor Vehicle Administration police officer;
82+ (7) the State Fire Marshal or a Deputy State Fire Marshal; 20
8383
84- (13) a firefighter or law enforcement officer for the Martin State Airport
85-employed by the Military Department;
84+ (8) a member of the Morgan State University Police Force who has the 21
85+powers granted to a police officer under § 14–106 of the Education Article; 22
8686
87- (14) a police officer employed by the Division of Rehabilitation Services in
88-the Department of Education, certified in accordance with the Maryland Police and
89-Correctional Training Commissions;
87+ (9) a member of the BWI Airport Fire & Rescue Department; 23
9088
91- (15) a firefighter or paramedic employed by the Salisbury Fire Department
92-who is eligible to be a member as provided in Title 31, Subtitle 2A of this article;
89+ (10) a member of the Maryland Capitol Police of the Department of General 24
90+Services who has the powers granted to a police officer under § 4–605 of the State Finance 25
91+and Procurement Article; 26
9392
94- (16) an aviator employed by the Department of State Police to operate an
95-aircraft for the State Emergency Medical System;
93+ (11) an employee of the Maryland Department of Health commissioned by 27
94+the Secretary of Health as a Maryland Department of Health police officer; 28
9695
97- (17) a member of the Maryland Transit Administration Police Force who has WES MOORE, Governor Ch. 188
96+ (12) an employee of the Motor Vehicle Administration commissioned by the 29
97+Secretary of Transportation as a Motor Vehicle Administration police officer; 30 HOUSE BILL 791 3
9898
99-– 3 –
100-the powers granted to a police officer under § 7–207 of the Transportation Article;
10199
102- (18) an individual who is elected or appointed as the Baltimore City Sheriff
103-and who does not elect to join the Employees’ Pension System under Title 23 of this article
104-within 6 months of the date the individual begins serving as the Baltimore City Sheriff;
105100
106- (19) a member of the Department of Public Safety and Correctional Services
107-Intelligence and Investigative Division who has the powers granted to a police officer under
108-§ 10–701 of the Correctional Services Article;
101+ (13) a firefighter or law enforcement officer for the Martin State Airport 1
102+employed by the Military Department; 2
109103
110- (20) a police officer employed by the Baltimore City Community College who
111-has the power granted to a police officer under § 16–513 of the Education Article;
104+ (14) a police officer employed by the Division of Rehabilitation Services in 3
105+the Department of Education, certified in accordance with the Maryland Police and 4
106+Correctional Training Commissions; 5
112107
113- (21) an employee of the Warrant Apprehension Unit of the Intelligence and
114-Investigative Division in the Department of Public Safety and Correctional Services who
115-has the powers granted to a peace officer or police officer under § 10–702 of the Correctional
116-Services Article; [and]
108+ (15) a firefighter or paramedic employed by the Salisbury Fire Department 6
109+who is eligible to be a member as provided in Title 31, Subtitle 2A of this article; 7
117110
118- (22) the Executive Director of the Alcohol and Tobacco Commission; AND
111+ (16) an aviator employed by the Department of State Police to operate an 8
112+aircraft for the State Emergency Medical System; 9
119113
120- (23) AN EMERGENCY MEDICAL TECHNICIAN EMPLOYED BY A
121-PARTICIPATING GOVERN MENTAL UNIT WHO IS ELIGIBLE TO B E A MEMBER AS
122-PROVIDED IN TITLE 31, SUBTITLE 2A OF THIS ARTICLE .
114+ (17) a member of the Maryland Transit Administration Police Force who has 10
115+the powers granted to a police officer under § 7–207 of the Transportation Article; 11
123116
124- (b) This subtitle does not apply to:
117+ (18) an individual who is elected or appointed as the Baltimore City Sheriff 12
118+and who does not elect to join the Employees’ Pension System under Title 23 of this article 13
119+within 6 months of the date the individual begins serving as the Baltimore City Sheriff; 14
125120
126- (1) a Maryland Transportation Authority police officer who transferred
127-from the Employees’ Retirement System to the Employees’ Pension System on or after
128-December 1, 1996;
121+ (19) a member of the Department of Public Safety and Correctional Services 15
122+Intelligence and Investigative Division who has the powers granted to a police officer under 16
123+§ 10–701 of the Correctional Services Article; 17
129124
130- (2) a deputy sheriff employed by the Baltimore City Sheriff’s Department
131-who transferred from the Employees’ Retirement System to the Employees’ Pension System
132-on or after December 1, 1996;
125+ (20) a police officer employed by the Baltimore City Community College who 18
126+has the power granted to a police officer under § 16–513 of the Education Article; 19
133127
134- (3) a member of the University System of Maryland Police Force who
135-transferred from the Employees’ Retirement System to the Employees’ Pension System on
136-or after December 1, 1997;
128+ (21) an employee of the Warrant Apprehension Unit of the Intelligence and 20
129+Investigative Division in the Department of Public Safety and Correctional Services who 21
130+has the powers granted to a peace officer or police officer under § 10–702 of the Correctional 22
131+Services Article; [and] 23
137132
138- (4) a law enforcement officer [or], firefighter, OR EMERGENCY MEDICAL
139-TECHNICIAN employed by a participating governmental unit who transferred from the
140-Employees’ Retirement System to the Employees’ Pension System on or after December 1,
141-1997;
133+ (22) the Executive Director of the Alcohol and Tobacco Commission; AND 24
142134
143- (5) a Maryland Port Administration police officer who transferred from the
144-Employees’ Retirement System to the Employees’ Pension System on or after December 1,
145-1997; Ch. 188 2023 LAWS OF MARYLAND
135+ (23) AN EMERGENCY MEDICAL TECHNICIAN EMPLOYED BY A 25
136+PARTICIPATING GOVERN MENTAL UNIT WHO IS ELIGIBLE TO B E A MEMBER AS 26
137+PROVIDED IN TITLE 31, SUBTITLE 2A OF THIS ARTICLE . 27
146138
147-– 4 –
139+ (b) This subtitle does not apply to: 28
148140
149- (6) a State Fire Marshal or Deputy State Fire Marshal who transferred
150-from the Employees’ Retirement System to the Employees’ Pension System on or after
151-December 1, 1996;
141+ (1) a Maryland Transportation Authority police officer who transferred 29
142+from the Employees’ Retirement System to the Employees’ Pension System on or after 30
143+December 1, 1996; 31
152144
153- (7) a member of the Morgan State University Police Force who transferred
154-from the Employees’ Retirement System to the Employees’ Pension System on or after
155-December 1, 1997;
145+ (2) a deputy sheriff employed by the Baltimore City Sheriff’s Department 32 4 HOUSE BILL 791
156146
157- (8) a member of the BWI Airport Fire & Rescue Department who
158-transferred from the Employees’ Retirement System to the Employees’ Pension System on
159-or after April 1, 1998;
160147
161- (9) a member of the Maryland Capitol Police of the Department of General
162-Services, Maryland Department of Health, or Motor Vehicle Administration who
163-transferred from the Employees’ Retirement System to the Employees’ Pension System on
164-or after April 1, 1998;
148+who transferred from the Employees’ Retirement System to the Employees’ Pension System 1
149+on or after December 1, 1996; 2
165150
166- (10) a firefighter or law enforcement officer for the Martin State Airport
167-employed by the Military Department who transferred from the Employees’ Retirement
168-System to the Employees’ Pension System on or after April 1, 1998;
151+ (3) a member of the University System of Maryland Police Force who 3
152+transferred from the Employees’ Retirement System to the Employees’ Pension System on 4
153+or after December 1, 1997; 5
169154
170- (11) a police officer employed by the Division of Rehabilitation Services in
171-the Department of Education who:
155+ (4) a law enforcement officer [or], firefighter, OR EMERGENCY MEDICAL 6
156+TECHNICIAN employed by a participating governmental unit who transferred from the 7
157+Employees’ Retirement System to the Employees’ Pension System on or after December 1, 8
158+1997; 9
172159
173- (i) is certified in accordance with the Maryland Police and
174-Correctional Training Commissions; and
160+ (5) a Maryland Port Administration police officer who transferred from the 10
161+Employees’ Retirement System to the Employees’ Pension System on or after December 1, 11
162+1997; 12
175163
176- (ii) transferred from the Employees’ Retirement System to the
177-Employees’ Pension System on or after April 1, 1998;
164+ (6) a State Fire Marshal or Deputy State Fire Marshal who transferred 13
165+from the Employees’ Retirement System to the Employees’ Pension System on or after 14
166+December 1, 1996; 15
178167
179- (12) a firefighter or paramedic employed by the Salisbury Fire Department
180-who transferred from the Employees’ Retirement System to the Employees’ Pension System
181-on or after April 1, 1998;
168+ (7) a member of the Morgan State University Police Force who transferred 16
169+from the Employees’ Retirement System to the Employees’ Pension System on or after 17
170+December 1, 1997; 18
182171
183- (13) an aviator employed by the Department of State Police to operate an
184-aircraft for the State Emergency Medical System who transferred from the Employees’
185-Retirement System to the Employees’ Pension System on or after April 1, 1998; or
172+ (8) a member of the BWI Airport Fire & Rescue Department who 19
173+transferred from the Employees’ Retirement System to the Employees’ Pension System on 20
174+or after April 1, 1998; 21
186175
187- (14) a police officer employed by the Baltimore City Community College who
188-transferred from the Employees’ Retirement System to the Employees’ Pension System on
189-or after December 1, 1996.
176+ (9) a member of the Maryland Capitol Police of the Department of General 22
177+Services, Maryland Department of Health, or Motor Vehicle Administration who 23
178+transferred from the Employees’ Retirement System to the Employees’ Pension System on 24
179+or after April 1, 1998; 25
190180
191-31–2A–01.
181+ (10) a firefighter or law enforcement officer for the Martin State Airport 26
182+employed by the Military Department who transferred from the Employees’ Retirement 27
183+System to the Employees’ Pension System on or after April 1, 1998; 28
192184
193- (a) In this subtitle the following words have the meanings indicated. WES MOORE, Governor Ch. 188
185+ (11) a police officer employed by the Division of Rehabilitation Services in 29
186+the Department of Education who: 30
194187
195-– 5 –
188+ (i) is certified in accordance with the Maryland Police and 31
189+Correctional Training Commissions; and 32
196190
197- (b) “Effective date” means the date that an eligible governmental unit commenced
198-or commences participation in the Law Enforcement Officers’ Pension System.
191+ (ii) transferred from the Employees’ Retirement System to the 33
192+Employees’ Pension System on or after April 1, 1998; 34
199193
200- (c) “Eligible governmental unit” means a governmental unit that is eligible to
201-participate in the Law Enforcement Officers’ Pension System under § 31–2A–02 of this
202-subtitle.
194+ (12) a firefighter or paramedic employed by the Salisbury Fire Department 35 HOUSE BILL 791 5
203195
204- (D) (1) “EMERGENCY MEDICAL TEC HNICIAN” MEANS A PAID EMERGEN CY
205-MEDICAL TECHNICIAN , AS DETERMIN ED BY THE ELIGIBLE G OVERNMENTAL UNIT .
206196
207- (2) “EMERGENCY MEDICAL TEC HNICIAN” DOES NOT INCLUDE A
208-VOLUNTEER EMERGENCY MEDICAL TECHNICIAN .
197+who transferred from the Employees’ Retirement System to the Employees’ Pension System 1
198+on or after April 1, 1998; 2
209199
210- [(d)] (E) (1) “Firefighter” means:
200+ (13) an aviator employed by the Department of State Police to operate an 3
201+aircraft for the State Emergency Medical System who transferred from the Employees’ 4
202+Retirement System to the Employees’ Pension System on or after April 1, 1998; or 5
211203
212- (i) a paid firefighter, as determined by the eligible governmental
213-unit; or
204+ (14) a police officer employed by the Baltimore City Community College who 6
205+transferred from the Employees’ Retirement System to the Employees’ Pension System on 7
206+or after December 1, 1996. 8
214207
215- (ii) a paid paramedic, as determined by the eligible governmental
216-unit.
208+31–2A–01. 9
217209
218- (2) “Firefighter” does not include:
210+ (a) In this subtitle the following words have the meanings indicated. 10
219211
220- (i) a volunteer firefighter; or
212+ (b) “Effective date” means the date that an eligible governmental unit commenced 11
213+or commences participation in the Law Enforcement Officers’ Pension System. 12
221214
222- (ii) a volunteer paramedic.
215+ (c) “Eligible governmental unit” means a governmental unit that is eligible to 13
216+participate in the Law Enforcement Officers’ Pension System under § 31–2A–02 of this 14
217+subtitle. 15
223218
224- [(e)] (F) “Law enforcement officer” means an individual certified by the
225-Maryland Police Training and Standards Commission as a law enforcement officer.
219+ (D) (1) “EMERGENCY MEDICAL TEC HNICIAN” MEANS A PAID EMERGEN CY 16
220+MEDICAL TECHNICIAN , AS DETERMINED B Y THE ELIGIBLE GOVER NMENTAL UNIT . 17
226221
227- [(f)] (G) (1) “Local plan” means a plan or any other arrangement of an
228-eligible governmental unit that is described in § 219(g)(5) of the Internal Revenue Code.
222+ (2) “EMERGENCY MEDICAL TEC HNICIAN” DOES NOT INCLUDE A 18
223+VOLUNTEER EMERGENCY MEDICAL TECHNICIAN . 19
229224
230- (2) “Local plan” does not include a plan established under § 457 of the
231-Internal Revenue Code.
225+ [(d)] (E) (1) “Firefighter” means: 20
232226
233- [(g)] (H) “State system” has the meaning stated in § 20–101(pp) of this article.
227+ (i) a paid firefighter, as determined by the eligible governmental 21
228+unit; or 22
234229
235-31–2A–02.
230+ (ii) a paid paramedic, as determined by the eligible governmental 23
231+unit. 24
236232
237- Subject to § 31–2A–03 of this subtitle, the governmental units that are eligible to
238-participate in the Law Enforcement Officers’ Pension System are:
233+ (2) “Firefighter” does not include: 25
239234
240- (1) counties; and
241- Ch. 188 2023 LAWS OF MARYLAND
235+ (i) a volunteer firefighter; or 26
242236
243-– 6 –
244- (2) municipal corporations.
237+ (ii) a volunteer paramedic. 27
245238
246-31–2A–03.
239+ [(e)] (F) “Law enforcement officer” means an individual certified by the 28
240+Maryland Police Training and Standards Commission as a law enforcement officer. 29
247241
248- (a) Subject to subsection (b) of this section, the legislative body of an eligible
249-governmental unit may approve participation by its law enforcement officers [or],
250-firefighters, OR EMERGENCY MEDICAL TECHNICIAN S in the Law Enforcement Officers’
251-Pension System if:
242+ [(f)] (G) (1) “Local plan” means a plan or any other arrangement of an 30 6 HOUSE BILL 791
252243
253- (1) the legislative body adopts a resolution in the form prescribed by the
254-Board of Trustees; and
255244
256- (2) the eligible governmental unit participates in a State system or
257-operates a local plan, only if:
245+eligible governmental unit that is described in § 219(g)(5) of the Internal Revenue Code. 1
258246
259- (i) at least 60% of the law enforcement officers [or], firefighters, OR
260-EMERGENCY MEDICAL TE CHNICIANS of the eligible governmental unit petition to
261-become members of the Law Enforcement Officers’ Pension System;
247+ (2) “Local plan” does not include a plan established under § 457 of the 2
248+Internal Revenue Code. 3
262249
263- (ii) the eligible governmental unit satisfies the requirements in
264-subsection (b) of this section; and
250+ [(g)] (H) “State system” has the meaning stated in § 20–101(pp) of this article. 4
265251
266- (iii) the legislative body approves participation of its law enforcement
267-officers [or], firefighters, OR EMERGENCY MEDICAL TECHNICIANS in lieu of participation
268-in the State system or local plan.
252+31–2A–02. 5
269253
270- (b) An eligible governmental unit that operates a local plan or participates in a
271-State system may approve participation of its law enforcement officers [or], firefighters,
272-OR EMERGENCY MEDICAL TECHNICIANS in the Law Enforcement Officers’ Pension
273-System only if:
254+ Subject to § 31–2A–03 of this subtitle, the governmental units that are eligible to 6
255+participate in the Law Enforcement Officers’ Pension System are: 7
274256
275- (1) the State system or local plan of the eligible governmental unit requires
276-member contributions at the same rate as the member contribution rate that would be
277-applicable to the law enforcement officers [or], firefighters, OR EMERGENCY MEDICAL
278-TECHNICIANS of the eligible governmental unit in the Law Enforcement Officers’ Pension
279-System; or
257+ (1) counties; and 8
280258
281- (2) the eligible governmental unit:
259+ (2) municipal corporations. 9
282260
283- (i) does not provide for the employer pickup of member
284-contributions to the State system or local plan within the meaning of § 414(h)(2) of the
285-Internal Revenue Code; and
261+31–2A–03. 10
286262
287- (ii) certifies that it will not become an approved employer under §
288-21–313 of this article on or after the effective date of participation. WES MOORE, Governor Ch. 188
263+ (a) Subject to subsection (b) of this section, the legislative body of an eligible 11
264+governmental unit may approve participation by its law enforcement officers [or], 12
265+firefighters, OR EMERGENCY MEDICAL TECHNICIAN S in the Law Enforcement Officers’ 13
266+Pension System if: 14
289267
290-– 7 –
268+ (1) the legislative body adopts a resolution in the form prescribed by the 15
269+Board of Trustees; and 16
291270
292- (c) (1) If an eligible governmental unit does not satisfy the requirements
293-under subsection (b) of this section, the eligible governmental unit may submit a request to
294-the Board of Trustees to participate in the Law Enforcement Officers’ Pension System.
271+ (2) the eligible governmental unit participates in a State system or 17
272+operates a local plan, only if: 18
295273
296- (2) The Board of Trustees shall consider a request made under paragraph
297-(1) of this subsection and determine whether any legislation is necessary to allow the
298-eligible governmental unit to participate in the Law Enforcement Officers’ Pension System.
274+ (i) at least 60% of the law enforcement officers [or], firefighters, OR 19
275+EMERGENCY MEDICAL TE CHNICIANS of the eligible governmental unit petition to 20
276+become members of the Law Enforcement Officers’ Pension System; 21
299277
300- (3) The Board of Trustees shall make recommendations to the Joint
301-Committee on Pensions regarding any legislation that it determines is necessary to allow
302-the eligible governmental unit to participate in the Law Enforcement Officers’ Pension
303-System.
278+ (ii) the eligible governmental unit satisfies the requirements in 22
279+subsection (b) of this section; and 23
304280
305-31–2A–03.1.
281+ (iii) the legislative body approves participation of its law enforcement 24
282+officers [or], firefighters, OR EMERGENCY MEDICAL TECHNICIANS in lieu of participation 25
283+in the State system or local plan. 26
306284
307- (a) Except as provided in subsection (b) of this section, the effective date of
308-participation for an eligible governmental unit is July 1 of the year following the fiscal year
309-in which the eligible governmental unit elects to participate in the Law Enforcement
310-Officers’ Pension System.
285+ (b) An eligible governmental unit that operates a local plan or participates in a 27
286+State system may approve participation of its law enforcement officers [or], firefighters, 28
287+OR EMERGENCY MEDICAL TECHNICIANS in the Law Enforcement Officers’ Pension 29
288+System only if: 30
311289
312- (b) If an eligible governmental unit does not provide the Board of Trustees with
313-the necessary documentation to join the Law Enforcement Officers’ Pension System on or
314-before the effective date for the eligible governmental unit, the effective date shall be
315-postponed until July 1 of the second year following the fiscal year in which the eligible
316-governmental unit elects to participate in the Law Enforcement Officers’ Pension System.
290+ (1) the State system or local plan of the eligible governmental unit requires 31 HOUSE BILL 791 7
317291
318-31–2A–04.
319292
320- If a law enforcement officer, firefighter, EMERGENCY MEDICAL TE CHNICIAN, or
321-paramedic joins the Law Enforcement Officers’ Pension System on the effective date, the
322-member is entitled to credit for employment with the participating governmental unit
323-before the effective date.
293+member contributions at the same rate as the member contribution rate that would be 1
294+applicable to the law enforcement officers [or], firefighters, OR EMERGENCY MEDICAL 2
295+TECHNICIANS of the eligible governmental unit in the Law Enforcement Officers’ Pension 3
296+System; or 4
324297
325-31–2A–05.
298+ (2) the eligible governmental unit: 5
326299
327- (a) This section applies only to a local plan that is a qualified plan under § 401(a)
328-of the Internal Revenue Code and provides a defined benefit to its participants.
300+ (i) does not provide for the employer pickup of member 6
301+contributions to the State system or local plan within the meaning of § 414(h)(2) of the 7
302+Internal Revenue Code; and 8
329303
330- (b) If an eligible governmental unit approves participation in the Law
331-Enforcement Officers’ Pension System, the operation of the local plan or State system with
332-respect to the law enforcement officers, firefighters, EMERGENCY MEDICAL
333-TECHNICIANS, or paramedics terminates on the effective date.
304+ (ii) certifies that it will not become an approved employer under § 9
305+21–313 of this article on or after the effective date of participation. 10
334306
335- (c) (1) On the effective date:
336- Ch. 188 2023 LAWS OF MARYLAND
307+ (c) (1) If an eligible governmental unit does not satisfy the requirements 11
308+under subsection (b) of this section, the eligible governmental unit may submit a request to 12
309+the Board of Trustees to participate in the Law Enforcement Officers’ Pension System. 13
337310
338-– 8 –
339- (i) the assets to the credit of the local plan or State system that
340-relate to the law enforcement officers, firefighters, EMERGENCY MEDICAL TE CHNICIANS,
341-or paramedics who elect to become members shall be transferred to the Law Enforcement
342-Officers’ Pension System; and
311+ (2) The Board of Trustees shall consider a request made under paragraph 14
312+(1) of this subsection and determine whether any legislation is necessary to allow the 15
313+eligible governmental unit to participate in the Law Enforcement Officers’ Pension System. 16
343314
344- (ii) the trustee or other administrative head of the local plan or State
345-system shall certify the proportion of the funds of the local plan or State system that
346-represents the accumulated contributions of the members as of that date.
315+ (3) The Board of Trustees shall make recommendations to the Joint 17
316+Committee on Pensions regarding any legislation that it determines is necessary to allow 18
317+the eligible governmental unit to participate in the Law Enforcement Officers’ Pension 19
318+System. 20
347319
348- (2) The accumulated contributions shall be credited to the respective
349-annuity savings accounts of the members in the Law Enforcement Officers’ Pension
350-System.
320+31–2A–03.1. 21
351321
352- (3) The balance of the funds transferred to the Law Enforcement Officers’
353-Pension System shall be offset against the special accrued liability to be funded by the
354-participating governmental unit as provided by § 21–306.1(d) of this article.
322+ (a) Except as provided in subsection (b) of this section, the effective date of 22
323+participation for an eligible governmental unit is July 1 of the year following the fiscal year 23
324+in which the eligible governmental unit elects to participate in the Law Enforcement 24
325+Officers’ Pension System. 25
355326
356- SECTION 2. AND BE IT FURTHER ENACTED , That this Act shall take effect July
357-1, 2023.
327+ (b) If an eligible governmental unit does not provide the Board of Trustees with 26
328+the necessary documentation to join the Law Enforcement Officers’ Pension System on or 27
329+before the effective date for the eligible governmental unit, the effective date shall be 28
330+postponed until July 1 of the second year following the fiscal year in which the eligible 29
331+governmental unit elects to participate in the Law Enforcement Officers’ Pension System. 30
358332
359-Approved by the Governor, April 24, 2023.
333+31–2A–04. 31
334+
335+ If a law enforcement officer, firefighter, EMERGENCY MEDICAL TE CHNICIAN, or 32
336+paramedic joins the Law Enforcement Officers’ Pension System on the effective date, the 33
337+member is entitled to credit for employment with the participating governmental unit 34
338+before the effective date. 35
339+ 8 HOUSE BILL 791
340+
341+
342+31–2A–05. 1
343+
344+ (a) This section applies only to a local plan that is a qualified plan under § 401(a) 2
345+of the Internal Revenue Code and provides a defined benefit to its participants. 3
346+
347+ (b) If an eligible governmental unit approves participation in the Law 4
348+Enforcement Officers’ Pension System, the operation of the local plan or State system with 5
349+respect to the law enforcement officers, firefighters, EMERGENCY MEDICAL 6
350+TECHNICIANS, or paramedics terminates on the effective date. 7
351+
352+ (c) (1) On the effective date: 8
353+
354+ (i) the assets to the credit of the local plan or State system that 9
355+relate to the law enforcement officers, firefighters, EMERGENCY MEDICAL TE CHNICIANS, 10
356+or paramedics who elect to become members shall be transferred to the Law Enforcement 11
357+Officers’ Pension System; and 12
358+
359+ (ii) the trustee or other administrative head of the local plan or State 13
360+system shall certify the proportion of the funds of the local plan or State system that 14
361+represents the accumulated contributions of the members as of that date. 15
362+
363+ (2) The accumulated contributions shall be credited to the respective 16
364+annuity savings accounts of the members in the Law Enforcement Officers’ Pension 17
365+System. 18
366+
367+ (3) The balance of the funds transferred to the Law Enforcement Officers’ 19
368+Pension System shall be offset against the special accrued liability to be funded by the 20
369+participating governmental unit as provided by § 21–306.1(d) of this article. 21
370+
371+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 22
372+1, 2023. 23
373+
374+
375+
376+Approved:
377+________________________________________________________________________________
378+ Governor.
379+________________________________________________________________________________
380+ Speaker of the House of Delegates.
381+________________________________________________________________________________
382+ President of the Senate.