MD
Maryland Senate Bill SB368

Maryland 2023 Regular Session

Maryland Senate Bill SB368 Compare Versions

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1- WES MOORE, Governor Ch. 189
21
3-– 1 –
4-Chapter 189
5-(Senate Bill 368)
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+ *sb0368*
89
9-Law Enforcement Officers’ Pension System – Membership – Emergency Medical
10-Technicians
10+SENATE BILL 368
11+P6 3lr2704
12+ CF HB 791
13+By: Senator Jackson Senators Jackson, Bailey, Benson, Elfreth, Hettleman,
14+Rosapepe, and Salling
15+Introduced and read first time: February 1, 2023
16+Assigned to: Budget and Taxation
17+Committee Report: Favorable with amendments
18+Senate action: Adopted
19+Read second time: March 3, 2023
1120
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.
21+CHAPTER ______
1522
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)
23+AN ACT concerning 1
2124
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)
25+Law Enforcement Officers’ Pension System – Membership – Emergency Medical 2
26+Technicians 3
2727
28- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
29-That the Laws of Maryland read as follows:
28+FOR the purpose of authorizing membership in the Law Enforcement Officers’ Pension 4
29+System for certain emergency medical technicians under certain circumstances; and 5
30+generally relating to membership in the Law Enforcement Officers’ Pension System. 6
3031
31-Article – State Personnel and Pensions
32+BY repealing and reenacting, with amendments, 7
33+ Article – State Personnel and Pensions 8
34+Section 26–201, 31–2A–01, 31–2A–03, 31–2A–04, and 31–2A–05 9
35+ Annotated Code of Maryland 10
36+ (2015 Replacement Volume and 2022 Supplement) 11
3237
33-26–201.
38+BY repealing and reenacting, without amendments, 12
39+ Article – State Personnel and Pensions 13
40+Section 31–2A–02 and 31–2A–03.1 14
41+ Annotated Code of Maryland 15
42+ (2015 Replacement Volume and 2022 Supplement) 16
3443
35- (a) Except as provided in subsection (b) of this section, this subtitle applies only
36-to:
44+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
45+That the Laws of Maryland read as follows: 18
3746
38- (1) an employee of the Department of Natural Resources commissioned by
39-the Secretary of Natural Resources as:
47+Article – State Personnel and Pensions 19
48+ 2 SENATE BILL 368
4049
41- (i) a Natural Resources police officer; or
4250
43- (ii) a law enforcement officer, other than a Natural Resources police
44-officer;
51+26–201. 1
4552
46- (2) a law enforcement officer employed by:
53+ (a) Except as provided in subsection (b) of this section, this subtitle applies only 2
54+to: 3
4755
48- (i) the Field Enforcement Bureau; or
49- Ch. 189 2023 LAWS OF MARYLAND
56+ (1) an employee of the Department of Natural Resources commissioned by 4
57+the Secretary of Natural Resources as: 5
5058
51-– 2 –
52- (ii) the Field Enforcement Division of the Alcohol and Tobacco
53-Commission;
59+ (i) a Natural Resources police officer; or 6
5460
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;
61+ (ii) a law enforcement officer, other than a Natural Resources police 7
62+officer; 8
5763
58- (4) a deputy sheriff employed by the Baltimore City Sheriff’s Department;
64+ (2) a law enforcement officer employed by: 9
5965
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;
66+ (i) the Field Enforcement Bureau; or 10
6267
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;
68+ (ii) the Field Enforcement Division of the Alcohol and Tobacco 11
69+Commission; 12
6670
67- (7) the State Fire Marshal or a Deputy State Fire Marshal;
71+ (3) a member of the Maryland Transportation Authority Police Force who 13
72+has the powers granted to a police officer under § 4–208 of the Transportation Article; 14
6873
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;
74+ (4) a deputy sheriff employed by the Baltimore City Sheriff’s Department; 15
7175
72- (9) a member of the BWI Airport Fire & Rescue Department;
76+ (5) a member of the University System of Maryland Police Force who has 16
77+the powers granted to a police officer under § 13–601 of the Education Article; 17
7378
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;
79+ (6) a law enforcement officer or firefighter employed by a participating 18
80+governmental unit that on or after July 1, 1999 has elected to participate in the Law 19
81+Enforcement Officers’ Pension System; 20
7782
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;
83+ (7) the State Fire Marshal or a Deputy State Fire Marshal; 21
8084
81- (12) an employee of the Motor Vehicle Administration commissioned by the
82-Secretary of Transportation as a Motor Vehicle Administration police officer;
85+ (8) a member of the Morgan State University Police Force who has the 22
86+powers granted to a police officer under § 14–106 of the Education Article; 23
8387
84- (13) a firefighter or law enforcement officer for the Martin State Airport
85-employed by the Military Department;
88+ (9) a member of the BWI Airport Fire & Rescue Department; 24
8689
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;
90+ (10) a member of the Maryland Capitol Police of the Department of General 25
91+Services who has the powers granted to a police officer under § 4–605 of the State Finance 26
92+and Procurement Article; 27
9093
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;
94+ (11) an employee of the Maryland Department of Health commissioned by 28
95+the Secretary of Health as a Maryland Department of Health police officer; 29
96+ SENATE BILL 368 3
9397
94- (16) an aviator employed by the Department of State Police to operate an
95-aircraft for the State Emergency Medical System;
96- WES MOORE, Governor Ch. 189
9798
98-– 3 –
99- (17) a member of the Maryland Transit Administration Police Force who has
100-the powers granted to a police officer under § 7–207 of the Transportation Article;
99+ (12) an employee of the Motor Vehicle Administration commissioned by the 1
100+Secretary of Transportation as a Motor Vehicle Administration police officer; 2
101101
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;
102+ (13) a firefighter or law enforcement officer for the Martin State Airport 3
103+employed by the Military Department; 4
105104
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;
105+ (14) a police officer employed by the Division of Rehabilitation Services in 5
106+the Department of Education, certified in accordance with the Maryland Police and 6
107+Correctional Training Commissions; 7
109108
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;
109+ (15) a firefighter or paramedic employed by the Salisbury Fire Department 8
110+who is eligible to be a member as provided in Title 31, Subtitle 2A of this article; 9
112111
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]
112+ (16) an aviator employed by the Department of State Police to operate an 10
113+aircraft for the State Emergency Medical System; 11
117114
118- (22) the Executive Director of the Alcohol and Tobacco Commission; AND
115+ (17) a member of the Maryland Transit Administration Police Force who has 12
116+the powers granted to a police officer under § 7–207 of the Transportation Article; 13
119117
120- (23) AN EMERGENCY MEDICAL TECHNICIAN EMPLOYED BY A
121-PARTICIPATING GOVERN MENTAL UNIT WHO IS E LIGIBLE TO BE A MEMB ER AS
122-PROVIDED IN TITLE 31, SUBTITLE 2A OF THIS ARTICLE .
118+ (18) an individual who is elected or appointed as the Baltimore City Sheriff 14
119+and who does not elect to join the Employees’ Pension System under Title 23 of this article 15
120+within 6 months of the date the individual begins serving as the Baltimore City Sheriff; 16
123121
124- (b) This subtitle does not apply to:
122+ (19) a member of the Department of Public Safety and Correctional Services 17
123+Intelligence and Investigative Division who has the powers granted to a police officer under 18
124+§ 10–701 of the Correctional Services Article; 19
125125
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;
126+ (20) a police officer employed by the Baltimore City Community College who 20
127+has the power granted to a police officer under § 16–513 of the Education Article; 21
129128
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;
129+ (21) an employee of the Warrant Apprehension Unit of the Intelligence and 22
130+Investigative Division in the Department of Public Safety and Correctional Services who 23
131+has the powers granted to a peace officer or police officer under § 10–702 of the Correctional 24
132+Services Article; [and] 25
133133
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;
134+ (22) the Executive Director of the Alcohol and Tobacco Commission; AND 26
137135
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;
142- Ch. 189 2023 LAWS OF MARYLAND
136+ (23) AN EMERGENCY MEDICAL TECHNICIAN EMPLOYED BY A 27
137+PARTICIPATING GOVERN MENTAL UNIT WHO IS E LIGIBLE TO BE A MEMB ER AS 28
138+PROVIDED IN TITLE 31, SUBTITLE 2A OF THIS ARTICLE . 29
143139
144-– 4 –
145- (5) a Maryland Port Administration police officer who transferred from the
146-Employees’ Retirement System to the Employees’ Pension System on or after December 1,
147-1997;
140+ (b) This subtitle does not apply to: 30
148141
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;
142+ (1) a Maryland Transportation Authority police officer who transferred 31
143+from the Employees’ Retirement System to the Employees’ Pension System on or after 32
144+December 1, 1996; 33
145+ 4 SENATE BILL 368
152146
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;
156147
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;
148+ (2) a deputy sheriff employed by the Baltimore City Sheriff’s Department 1
149+who transferred from the Employees’ Retirement System to the Employees’ Pension System 2
150+on or after December 1, 1996; 3
160151
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;
152+ (3) a member of the University System of Maryland Police Force who 4
153+transferred from the Employees’ Retirement System to the Employees’ Pension System on 5
154+or after December 1, 1997; 6
165155
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;
156+ (4) a law enforcement officer [or], firefighter, OR EMERGENCY MEDICAL 7
157+TECHNICIAN employed by a participating governmental unit who transferred from the 8
158+Employees’ Retirement System to the Employees’ Pension System on or after December 1, 9
159+1997; 10
169160
170- (11) a police officer employed by the Division of Rehabilitation Services in
171-the Department of Education who:
161+ (5) a Maryland Port Administration police officer who transferred from the 11
162+Employees’ Retirement System to the Employees’ Pension System on or after December 1, 12
163+1997; 13
172164
173- (i) is certified in accordance with the Maryland Police and
174-Correctional Training Commissions; and
165+ (6) a State Fire Marshal or Deputy State Fire Marshal who transferred 14
166+from the Employees’ Retirement System to the Employees’ Pension System on or after 15
167+December 1, 1996; 16
175168
176- (ii) transferred from the Employees’ Retirement System to the
177-Employees’ Pension System on or after April 1, 1998;
169+ (7) a member of the Morgan State University Police Force who transferred 17
170+from the Employees’ Retirement System to the Employees’ Pension System on or after 18
171+December 1, 1997; 19
178172
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;
173+ (8) a member of the BWI Airport Fire & Rescue Department who 20
174+transferred from the Employees’ Retirement System to the Employees’ Pension System on 21
175+or after April 1, 1998; 22
182176
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
177+ (9) a member of the Maryland Capitol Police of the Department of General 23
178+Services, Maryland Department of Health, or Motor Vehicle Administration who 24
179+transferred from the Employees’ Retirement System to the Employees’ Pension System on 25
180+or after April 1, 1998; 26
186181
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.
190- WES MOORE, Governor Ch. 189
182+ (10) a firefighter or law enforcement officer for the Martin State Airport 27
183+employed by the Military Department who transferred from the Employees’ Retirement 28
184+System to the Employees’ Pension System on or after April 1, 1998; 29
191185
192-– 5 –
193-31–2A–01.
186+ (11) a police officer employed by the Division of Rehabilitation Services in 30
187+the Department of Education who: 31
194188
195- (a) In this subtitle the following words have the meanings indicated.
189+ (i) is certified in accordance with the Maryland Police and 32
190+Correctional Training Commissions; and 33
196191
197- (b) “Effective date” means the date that an eligible governmental unit commenced
198-or commences participation in the Law Enforcement Officers’ Pension System.
192+ (ii) transferred from the Employees’ Retirement System to the 34
193+Employees’ Pension System on or after April 1, 1998; 35
194+ SENATE BILL 368 5
199195
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.
203196
204- (D) (1) “EMERGENCY MEDICAL TEC HNICIAN” MEANS A PAID EMERGEN CY
205-MEDICAL TECHNICIAN , AS DETERMINED BY THE ELIGIBLE GOVERNMENTA L UNIT.
197+ (12) a firefighter or paramedic employed by the Salisbury Fire Department 1
198+who transferred from the Employees’ Retirement System to the Employees’ Pension System 2
199+on or after April 1, 1998; 3
206200
207- (2) “EMERGENCY MEDICAL TEC HNICIAN” DOES NOT INCLUDE A
208-VOLUNTEER EMERGE NCY MEDICAL TECHNICI AN.
201+ (13) an aviator employed by the Department of State Police to operate an 4
202+aircraft for the State Emergency Medical System who transferred from the Employees’ 5
203+Retirement System to the Employees’ Pension System on or after April 1, 1998; or 6
209204
210- [(d)] (E) (1) “Firefighter” means:
205+ (14) a police officer employed by the Baltimore City Community College who 7
206+transferred from the Employees’ Retirement System to the Employees’ Pension System on 8
207+or after December 1, 1996. 9
211208
212- (i) a paid firefighter, as determined by the eligible governmental
213-unit; or
209+31–2A–01. 10
214210
215- (ii) a paid paramedic, as determined by the eligible governmental
216-unit.
211+ (a) In this subtitle the following words have the meanings indicated. 11
217212
218- (2) “Firefighter” does not include:
213+ (b) “Effective date” means the date that an eligible governmental unit commenced 12
214+or commences participation in the Law Enforcement Officers’ Pension System. 13
219215
220- (i) a volunteer firefighter; or
216+ (c) “Eligible governmental unit” means a governmental unit that is eligible to 14
217+participate in the Law Enforcement Officers’ Pension System under § 31–2A–02 of this 15
218+subtitle. 16
221219
222- (ii) a volunteer paramedic.
220+ (D) (1) “EMERGENCY MEDICAL TEC HNICIAN” MEANS A PAID EMERGEN CY 17
221+MEDICAL TECHNICIAN , AS DETERMINED BY THE ELIGIBLE GOVERNMENTA L UNIT. 18
223222
224- [(e)] (F) “Law enforcement officer” means an individual certified by the
225-Maryland Police Training and Standards Commission as a law enforcement officer.
223+ (2) “EMERGENCY MEDICAL TEC HNICIAN” DOES NOT INCLUDE A 19
224+VOLUNTEER EMERGENCY MEDICAL TECHNICIAN . 20
226225
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.
226+ [(d)] (E) (1) “Firefighter” means: 21
229227
230- (2) “Local plan” does not include a plan established under § 457 of the
231-Internal Revenue Code.
228+ (i) a paid firefighter, as determined by the eligible governmental 22
229+unit; or 23
232230
233- [(g)] (H) “State system” has the meaning stated in § 20–101(pp) of this article.
231+ (ii) a paid paramedic, as determined by the eligible governmental 24
232+unit. 25
234233
235-31–2A–02.
234+ (2) “Firefighter” does not include: 26
236235
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: Ch. 189 2023 LAWS OF MARYLAND
236+ (i) a volunteer firefighter; or 27
239237
240-– 6 –
238+ (ii) a volunteer paramedic. 28
241239
242- (1) counties; and
240+ [(e)] (F) “Law enforcement officer” means an individual certified by the 29
241+Maryland Police Training and Standards Commission as a law enforcement officer. 30
242+ 6 SENATE BILL 368
243243
244- (2) municipal corporations.
245244
246-31–2A–03.
245+ [(f)] (G) (1) “Local plan” means a plan or any other arrangement of an 1
246+eligible governmental unit that is described in § 219(g)(5) of the Internal Revenue Code. 2
247247
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 TECHNICIANS in the Law Enforcement Officers’
251-Pension System if:
248+ (2) “Local plan” does not include a plan established under § 457 of the 3
249+Internal Revenue Code. 4
252250
253- (1) the legislative body adopts a resolution in the form prescribed by the
254-Board of Trustees; and
251+ [(g)] (H) “State system” has the meaning stated in § 20–101(pp) of this article. 5
255252
256- (2) the eligible governmental unit participates in a State system or
257-operates a local plan, only if:
253+31–2A–02. 6
258254
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;
255+ Subject to § 31–2A–03 of this subtitle, the governmental units that are eligible to 7
256+participate in the Law Enforcement Officers’ Pension System are: 8
262257
263- (ii) the eligible governmental unit satisfies the requirements in
264-subsection (b) of this section; and
258+ (1) counties; and 9
265259
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.
260+ (2) municipal corporations. 10
269261
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:
262+31–2A–03. 11
274263
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
264+ (a) Subject to subsection (b) of this section, the legislative body of an eligible 12
265+governmental unit may approve participation by its law enforcement officers [or], 13
266+firefighters, OR EMERGENCY MEDICAL TECHNICIANS in the Law Enforcement Officers’ 14
267+Pension System if: 15
280268
281- (2) the eligible governmental unit:
269+ (1) the legislative body adopts a resolution in the form prescribed by the 16
270+Board of Trustees; and 17
282271
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 WES MOORE, Governor Ch. 189
272+ (2) the eligible governmental unit participates in a State system or 18
273+operates a local plan, only if: 19
286274
287-– 7 –
275+ (i) at least 60% of the law enforcement officers [or], firefighters, OR 20
276+EMERGENCY MEDICAL TE CHNICIANS of the eligible governmental unit petition to 21
277+become members of the Law Enforcement Officers’ Pension System; 22
288278
289- (ii) certifies that it will not become an approved employer under §
290-21–313 of this article on or after the effective date of participation.
279+ (ii) the eligible governmental unit satisfies the requirements in 23
280+subsection (b) of this section; and 24
291281
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.
282+ (iii) the legislative body approves participation of its law enforcement 25
283+officers [or], firefighters, OR EMERGENCY MEDICAL TECHNICIANS in lieu of participation 26
284+in the State system or local plan. 27
295285
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.
286+ (b) An eligible governmental unit that operates a local plan or participates in a 28
287+State system may approve participation of its law enforcement officers [or], firefighters, 29
288+OR EMERGENCY MEDICAL TECHNICIANS in the Law Enforcement Officers’ Pension 30
289+System only if: 31
290+ SENATE BILL 368 7
299291
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.
304292
305-31–2A–03.1.
293+ (1) the State system or local plan of the eligible governmental unit requires 1
294+member contributions at the same rate as the member contribution rate that would be 2
295+applicable to the law enforcement officers [or], firefighters, OR EMERGENCY MEDICAL 3
296+TECHNICIANS of the eligible governmental unit in the Law Enforcement Officers’ Pension 4
297+System; or 5
306298
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.
299+ (2) the eligible governmental unit: 6
311300
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.
301+ (i) does not provide for the employer pickup of member 7
302+contributions to the State system or local plan within the meaning of § 414(h)(2) of the 8
303+Internal Revenue Code; and 9
317304
318-31–2A–04.
305+ (ii) certifies that it will not become an approved employer under § 10
306+21–313 of this article on or after the effective date of participation. 11
319307
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.
308+ (c) (1) If an eligible governmental unit does not satisfy the requirements 12
309+under subsection (b) of this section, the eligible governmental unit may submit a request to 13
310+the Board of Trustees to participate in the Law Enforcement Officers’ Pension System. 14
324311
325-31–2A–05.
312+ (2) The Board of Trustees shall consider a request made under paragraph 15
313+(1) of this subsection and determine whether any legislation is necessary to allow the 16
314+eligible governmental unit to participate in the Law Enforcement Officers’ Pension System. 17
326315
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.
316+ (3) The Board of Trustees shall make recommendations to the Joint 18
317+Committee on Pensions regarding any legislation that it determines is necessary to allow 19
318+the eligible governmental unit to participate in the Law Enforcement Officers’ Pension 20
319+System. 21
329320
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. Ch. 189 2023 LAWS OF MARYLAND
321+31–2A–03.1. 22
334322
335-– 8 –
323+ (a) Except as provided in subsection (b) of this section, the effective date of 23
324+participation for an eligible governmental unit is July 1 of the year following the fiscal year 24
325+in which the eligible governmental unit elects to participate in the Law Enforcement 25
326+Officers’ Pension System. 26
336327
337- (c) (1) On the effective date:
328+ (b) If an eligible governmental unit does not provide the Board of Trustees with 27
329+the necessary documentation to join the Law Enforcement Officers’ Pension System on or 28
330+before the effective date for the eligible governmental unit, the effective date shall be 29
331+postponed until July 1 of the second year following the fiscal year in which the eligible 30
332+governmental unit elects to participate in the Law Enforcement Officers’ Pension System. 31
338333
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
334+31–2A–04. 32
343335
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.
336+ If a law enforcement officer, firefighter, EMERGENCY MEDICAL TE CHNICIAN, or 33
337+paramedic joins the Law Enforcement Officers’ Pension System on the effective date, the 34
338+member is entitled to credit for employment with the participating governmental unit 35
339+before the effective date. 36 8 SENATE BILL 368
347340
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.
351341
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.
355342
356- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
357-1, 2023.
343+31–2A–05. 1
358344
359-Approved by the Governor, April 24, 2023.
345+ (a) This section applies only to a local plan that is a qualified plan under § 401(a) 2
346+of the Internal Revenue Code and provides a defined benefit to its participants. 3
347+
348+ (b) If an eligible governmental unit approves participation in the Law 4
349+Enforcement Officers’ Pension System, the operation of the local plan or State system with 5
350+respect to the law enforcement officers, firefighters, EMERGENCY MEDICAL 6
351+TECHNICIANS, or paramedics terminates on the effective date. 7
352+
353+ (c) (1) On the effective date: 8
354+
355+ (i) the assets to the credit of the local plan or State system that 9
356+relate to the law enforcement officers, firefighters, EMERGENCY MEDICAL TE CHNICIANS, 10
357+or paramedics who elect to become members shall be transferred to the Law Enforcement 11
358+Officers’ Pension System; and 12
359+
360+ (ii) the trustee or other administrative head of the local plan or State 13
361+system shall certify the proportion of the funds of the local plan or State system that 14
362+represents the accumulated contributions of the members as of that date. 15
363+
364+ (2) The accumulated contributions shall be credited to the respective 16
365+annuity savings accounts of the members in the Law Enforcement Officers’ Pension 17
366+System. 18
367+
368+ (3) The balance of the funds transferred to the Law Enforcement Officers’ 19
369+Pension System shall be offset against the special accrued liability to be funded by the 20
370+participating governmental unit as provided by § 21–306.1(d) of this article. 21
371+
372+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 22
373+1, 2023. 23
374+
375+
376+
377+
378+
379+Approved:
380+________________________________________________________________________________
381+ Governor.
382+________________________________________________________________________________
383+ President of the Senate.
384+________________________________________________________________________________
385+ Speaker of the House of Delegates.