WES MOORE, Governor Ch. 189
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Chapter 189
(Senate Bill 368)
AN ACT concerning
Law Enforcement Officers’ Pension System – Membership – Emergency Medical
Technicians
FOR the purpose of authorizing membership in the Law Enforcement Officers’ Pension
System for certain emergency medical technicians under certain circumstances; and
generally relating to membership in the Law Enforcement Officers’ Pension System.
BY repealing and reenacting, with amendments,
Article – State Personnel and Pensions
Section 26–201, 31–2A–01, 31–2A–03, 31–2A–04, and 31–2A–05
Annotated Code of Maryland
(2015 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, without amendments,
Article – State Personnel and Pensions
Section 31–2A–02 and 31–2A–03.1
Annotated Code of Maryland
(2015 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – State Personnel and Pensions
26–201.
(a) Except as provided in subsection (b) of this section, this subtitle applies only
to:
(1) an employee of the Department of Natural Resources commissioned by
the Secretary of Natural Resources as:
(i) a Natural Resources police officer; or
(ii) a law enforcement officer, other than a Natural Resources police
officer;
(2) a law enforcement officer employed by:
(i) the Field Enforcement Bureau; or
Ch. 189 2023 LAWS OF MARYLAND
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(ii) the Field Enforcement Division of the Alcohol and Tobacco
Commission;
(3) a member of the Maryland Transportation Authority Police Force who
has the powers granted to a police officer under § 4–208 of the Transportation Article;
(4) a deputy sheriff employed by the Baltimore City Sheriff’s Department;
(5) a member of the University System of Maryland Police Force who has
the powers granted to a police officer under § 13–601 of the Education Article;
(6) a law enforcement officer or firefighter employed by a participating
governmental unit that on or after July 1, 1999 has elected to participate in the Law
Enforcement Officers’ Pension System;
(7) the State Fire Marshal or a Deputy State Fire Marshal;
(8) a member of the Morgan State University Police Force who has the
powers granted to a police officer under § 14–106 of the Education Article;
(9) a member of the BWI Airport Fire & Rescue Department;
(10) a member of the Maryland Capitol Police of the Department of General
Services who has the powers granted to a police officer under § 4–605 of the State Finance
and Procurement Article;
(11) an employee of the Maryland Department of Health commissioned by
the Secretary of Health as a Maryland Department of Health police officer;
(12) an employee of the Motor Vehicle Administration commissioned by the
Secretary of Transportation as a Motor Vehicle Administration police officer;
(13) a firefighter or law enforcement officer for the Martin State Airport
employed by the Military Department;
(14) a police officer employed by the Division of Rehabilitation Services in
the Department of Education, certified in accordance with the Maryland Police and
Correctional Training Commissions;
(15) a firefighter or paramedic employed by the Salisbury Fire Department
who is eligible to be a member as provided in Title 31, Subtitle 2A of this article;
(16) an aviator employed by the Department of State Police to operate an
aircraft for the State Emergency Medical System;
WES MOORE, Governor Ch. 189
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(17) a member of the Maryland Transit Administration Police Force who has
the powers granted to a police officer under § 7–207 of the Transportation Article;
(18) an individual who is elected or appointed as the Baltimore City Sheriff
and who does not elect to join the Employees’ Pension System under Title 23 of this article
within 6 months of the date the individual begins serving as the Baltimore City Sheriff;
(19) a member of the Department of Public Safety and Correctional Services
Intelligence and Investigative Division who has the powers granted to a police officer under
§ 10–701 of the Correctional Services Article;
(20) a police officer employed by the Baltimore City Community College who
has the power granted to a police officer under § 16–513 of the Education Article;
(21) an employee of the Warrant Apprehension Unit of the Intelligence and
Investigative Division in the Department of Public Safety and Correctional Services who
has the powers granted to a peace officer or police officer under § 10–702 of the Correctional
Services Article; [and]
(22) the Executive Director of the Alcohol and Tobacco Commission; AND
(23) AN EMERGENCY MEDICAL TECHNICIAN EMPLOYED BY A
PARTICIPATING GOVERN MENTAL UNIT WHO IS E LIGIBLE TO BE A MEMB ER AS
PROVIDED IN TITLE 31, SUBTITLE 2A OF THIS ARTICLE .
(b) This subtitle does not apply to:
(1) a Maryland Transportation Authority police officer who transferred
from the Employees’ Retirement System to the Employees’ Pension System on or after
December 1, 1996;
(2) a deputy sheriff employed by the Baltimore City Sheriff’s Department
who transferred from the Employees’ Retirement System to the Employees’ Pension System
on or after December 1, 1996;
(3) a member of the University System of Maryland Police Force who
transferred from the Employees’ Retirement System to the Employees’ Pension System on
or after December 1, 1997;
(4) a law enforcement officer [or], firefighter, OR EMERGENCY MEDICAL
TECHNICIAN employed by a participating governmental unit who transferred from the
Employees’ Retirement System to the Employees’ Pension System on or after December 1,
1997;
Ch. 189 2023 LAWS OF MARYLAND
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(5) a Maryland Port Administration police officer who transferred from the
Employees’ Retirement System to the Employees’ Pension System on or after December 1,
1997;
(6) a State Fire Marshal or Deputy State Fire Marshal who transferred
from the Employees’ Retirement System to the Employees’ Pension System on or after
December 1, 1996;
(7) a member of the Morgan State University Police Force who transferred
from the Employees’ Retirement System to the Employees’ Pension System on or after
December 1, 1997;
(8) a member of the BWI Airport Fire & Rescue Department who
transferred from the Employees’ Retirement System to the Employees’ Pension System on
or after April 1, 1998;
(9) a member of the Maryland Capitol Police of the Department of General
Services, Maryland Department of Health, or Motor Vehicle Administration who
transferred from the Employees’ Retirement System to the Employees’ Pension System on
or after April 1, 1998;
(10) a firefighter or law enforcement officer for the Martin State Airport
employed by the Military Department who transferred from the Employees’ Retirement
System to the Employees’ Pension System on or after April 1, 1998;
(11) a police officer employed by the Division of Rehabilitation Services in
the Department of Education who:
(i) is certified in accordance with the Maryland Police and
Correctional Training Commissions; and
(ii) transferred from the Employees’ Retirement System to the
Employees’ Pension System on or after April 1, 1998;
(12) a firefighter or paramedic employed by the Salisbury Fire Department
who transferred from the Employees’ Retirement System to the Employees’ Pension System
on or after April 1, 1998;
(13) an aviator employed by the Department of State Police to operate an
aircraft for the State Emergency Medical System who transferred from the Employees’
Retirement System to the Employees’ Pension System on or after April 1, 1998; or
(14) a police officer employed by the Baltimore City Community College who
transferred from the Employees’ Retirement System to the Employees’ Pension System on
or after December 1, 1996.
WES MOORE, Governor Ch. 189
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31–2A–01.
(a) In this subtitle the following words have the meanings indicated.
(b) “Effective date” means the date that an eligible governmental unit commenced
or commences participation in the Law Enforcement Officers’ Pension System.
(c) “Eligible governmental unit” means a governmental unit that is eligible to
participate in the Law Enforcement Officers’ Pension System under § 31–2A–02 of this
subtitle.
(D) (1) “EMERGENCY MEDICAL TEC HNICIAN” MEANS A PAID EMERGEN CY
MEDICAL TECHNICIAN , AS DETERMINED BY THE ELIGIBLE GOVERNMENTA L UNIT.
(2) “EMERGENCY MEDICAL TEC HNICIAN” DOES NOT INCLUDE A
VOLUNTEER EMERGE NCY MEDICAL TECHNICI AN.
[(d)] (E) (1) “Firefighter” means:
(i) a paid firefighter, as determined by the eligible governmental
unit; or
(ii) a paid paramedic, as determined by the eligible governmental
unit.
(2) “Firefighter” does not include:
(i) a volunteer firefighter; or
(ii) a volunteer paramedic.
[(e)] (F) “Law enforcement officer” means an individual certified by the
Maryland Police Training and Standards Commission as a law enforcement officer.
[(f)] (G) (1) “Local plan” means a plan or any other arrangement of an
eligible governmental unit that is described in § 219(g)(5) of the Internal Revenue Code.
(2) “Local plan” does not include a plan established under § 457 of the
Internal Revenue Code.
[(g)] (H) “State system” has the meaning stated in § 20–101(pp) of this article.
31–2A–02.
Subject to § 31–2A–03 of this subtitle, the governmental units that are eligible to
participate in the Law Enforcement Officers’ Pension System are: Ch. 189 2023 LAWS OF MARYLAND
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(1) counties; and
(2) municipal corporations.
31–2A–03.
(a) Subject to subsection (b) of this section, the legislative body of an eligible
governmental unit may approve participation by its law enforcement officers [or],
firefighters, OR EMERGENCY MEDICAL TECHNICIANS in the Law Enforcement Officers’
Pension System if:
(1) the legislative body adopts a resolution in the form prescribed by the
Board of Trustees; and
(2) the eligible governmental unit participates in a State system or
operates a local plan, only if:
(i) at least 60% of the law enforcement officers [or], firefighters, OR
EMERGENCY MEDICAL TE CHNICIANS of the eligible governmental unit petition to
become members of the Law Enforcement Officers’ Pension System;
(ii) the eligible governmental unit satisfies the requirements in
subsection (b) of this section; and
(iii) the legislative body approves participation of its law enforcement
officers [or], firefighters, OR EMERGENCY MEDICAL TECHNICIANS in lieu of participation
in the State system or local plan.
(b) An eligible governmental unit that operates a local plan or participates in a
State system may approve participation of its law enforcement officers [or], firefighters,
OR EMERGENCY MEDICAL TECHNICIANS in the Law Enforcement Officers’ Pension
System only if:
(1) the State system or local plan of the eligible governmental unit requires
member contributions at the same rate as the member contribution rate that would be
applicable to the law enforcement officers [or], firefighters, OR EMERGENCY MEDICAL
TECHNICIANS of the eligible governmental unit in the Law Enforcement Officers’ Pension
System; or
(2) the eligible governmental unit:
(i) does not provide for the employer pickup of member
contributions to the State system or local plan within the meaning of § 414(h)(2) of the
Internal Revenue Code; and WES MOORE, Governor Ch. 189
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(ii) certifies that it will not become an approved employer under §
21–313 of this article on or after the effective date of participation.
(c) (1) If an eligible governmental unit does not satisfy the requirements
under subsection (b) of this section, the eligible governmental unit may submit a request to
the Board of Trustees to participate in the Law Enforcement Officers’ Pension System.
(2) The Board of Trustees shall consider a request made under paragraph
(1) of this subsection and determine whether any legislation is necessary to allow the
eligible governmental unit to participate in the Law Enforcement Officers’ Pension System.
(3) The Board of Trustees shall make recommendations to the Joint
Committee on Pensions regarding any legislation that it determines is necessary to allow
the eligible governmental unit to participate in the Law Enforcement Officers’ Pension
System.
31–2A–03.1.
(a) Except as provided in subsection (b) of this section, the effective date of
participation for an eligible governmental unit is July 1 of the year following the fiscal year
in which the eligible governmental unit elects to participate in the Law Enforcement
Officers’ Pension System.
(b) If an eligible governmental unit does not provide the Board of Trustees with
the necessary documentation to join the Law Enforcement Officers’ Pension System on or
before the effective date for the eligible governmental unit, the effective date shall be
postponed until July 1 of the second year following the fiscal year in which the eligible
governmental unit elects to participate in the Law Enforcement Officers’ Pension System.
31–2A–04.
If a law enforcement officer, firefighter, EMERGENCY MEDICAL TE CHNICIAN, or
paramedic joins the Law Enforcement Officers’ Pension System on the effective date, the
member is entitled to credit for employment with the participating governmental unit
before the effective date.
31–2A–05.
(a) This section applies only to a local plan that is a qualified plan under § 401(a)
of the Internal Revenue Code and provides a defined benefit to its participants.
(b) If an eligible governmental unit approves participation in the Law
Enforcement Officers’ Pension System, the operation of the local plan or State system with
respect to the law enforcement officers, firefighters, EMERGENCY MEDICAL
TECHNICIANS, or paramedics terminates on the effective date. Ch. 189 2023 LAWS OF MARYLAND
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(c) (1) On the effective date:
(i) the assets to the credit of the local plan or State system that
relate to the law enforcement officers, firefighters, EMERGENCY MEDICAL TE CHNICIANS,
or paramedics who elect to become members shall be transferred to the Law Enforcement
Officers’ Pension System; and
(ii) the trustee or other administrative head of the local plan or State
system shall certify the proportion of the funds of the local plan or State system that
represents the accumulated contributions of the members as of that date.
(2) The accumulated contributions shall be credited to the respective
annuity savings accounts of the members in the Law Enforcement Officers’ Pension
System.
(3) The balance of the funds transferred to the Law Enforcement Officers’
Pension System shall be offset against the special accrued liability to be funded by the
participating governmental unit as provided by § 21–306.1(d) of this article.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2023.
Approved by the Governor, April 24, 2023.