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.
*sb0068*
SENATE BILL 68
P6 3lr0620
SB 958/22 – B&T (PRE–FILED) CF HB 163
By: Senator Carozza
Requested: October 26, 2022
Introduced and read first time: January 11, 2023
Assigned to: Budget and Taxation
Committee Report: Favorable
Senate action: Adopted
Read second time: February 17, 2023
CHAPTER ______
AN ACT concerning 1
Law Enforcement Officers’ Pension System – Crisfield Police Department 2
FOR the purpose of requiring membership in the Law Enforcement Officers’ Pension 3
System for certain local law enforcement officers of the Crisfield Police Department 4
under certain circumstances; providing that a certain individual is entitled to 5
eligibility service and creditable service that was earned before the effective date of 6
the Crisfield Police Department’s participation in the Law Enforcement Officers’ 7
Pension System; providing that an individual who receives certain service credit is 8
not a member of and has no rights to a benefit in the Employees’ Pension System; 9
providing for the transfer of creditable service for a certain individual; providing for 10
the transfer and crediting of certain assets on the effective date of participation; and 11
generally relating to the Crisfield Police Department’s participation in the Law 12
Enforcement Officers’ Pension System. 13
BY repealing and reenacting, without amendments, 14
Article – State Personnel and Pensions 15
Section 31–2A–05(c) 16
Annotated Code of Maryland 17
(2015 Replacement Volume and 2022 Supplement) 18
BY adding to 19
Article – State Personnel and Pensions 20
Section 31–2A–06 21
Annotated Code of Maryland 22 2 SENATE BILL 68
(2015 Replacement Volume and 2022 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – State Personnel and Pensions 4
31–2A–05. 5
(c) (1) On the effective date: 6
(i) the assets to the credit of the local plan or State system that 7
relate to the law enforcement officers, firefighters, or paramedics who elect to become 8
members shall be transferred to the Law Enforcement Officers’ Pension System; and 9
(ii) the trustee or other administrative head of the local plan or State 10
system shall certify the proportion of the funds of the local plan or State system that 11
represents the accumulated contributions of the members as of that date. 12
(2) The accumulated contributions shall be credited to the respective 13
annuity savings accounts of the members in the Law Enforcement Officers’ Pension 14
System. 15
(3) The balance of the funds transferred to the Law Enforcement Officers’ 16
Pension System shall be offset against the special accrued liability to be funded by the 17
participating governmental unit as provided by § 21–306.1(d) of this article. 18
31–2A–06. 19
(A) THIS SECTION APPLIES TO AN INDI VIDUAL WHO IS A LOCA L LAW 20
ENFORCEMENT OFFICER OF THE CRISFIELD POLICE DEPARTMENT : 21
(1) IN A PERMANENT FULL–TIME POSITION BEFORE THE EFFECTIVE 22
DATE, AND WHO REMAINS A LO CAL LAW ENFORCEMENT OFFICER OF THE CRISFIELD 23
POLICE DEPARTMENT IN A PERMANENT FULL–TIME POSITION THROUGH THE 24
EFFECTIVE DATE ; OR 25
(2) IN A PERMANENT FULL –TIME POSITION AFTER THE EFFECTIVE 26
DATE. 27
(B) NOTWITHSTANDING ANY O THER PROVISION OF LA W, IF THE CRISFIELD 28
POLICE DEPARTMENT BECOMES A PARTICIPATING GOVERN MENTAL UNIT IN THE 29
LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM, MEMBERSHIP IN THE LAW 30
ENFORCEMENT OFFICERS’ PENSION SYSTEM IS MANDATORY F OR AN INDIVIDUAL 31
DESCRIBED UNDER SUBS ECTION (A) OF THIS SECTION. 32 SENATE BILL 68 3
(C) IF THE CRISFIELD POLICE DEPARTMENT COMMENCES PARTICIPATION 1
IN THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM IN ACCORDANCE WITH 2
SUBSECTION (B) OF THIS SECTION, AN INDIVIDUAL DESCRI BED UNDER SUBSECTION 3
(A)(1) OF THIS SECTION IS E NTITLED TO ELIGIBILI TY SERVICE AND CREDI TABLE 4
SERVICE IN THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM FOR 5
EMPLOYMENT WITH THE CRISFIELD POLICE DEPARTMENT BEFORE THE EFFECTIVE 6
DATE. 7
(D) ON JOINING THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM 8
AND RECEIVING SERVIC E CREDIT AS PROVIDED UNDER SUBSECTION (C) OF THIS 9
SECTION, AN INDIVIDUAL DESCRI BED UNDER SUBSECTION (A)(1) OF THIS SECTION 10
SHALL: 11
(1) NO LONGER BE A MEMBE R OF THE EMPLOYEES’ PENSION 12
SYSTEM; AND 13
(2) HAVE NO FURTHER RIGH TS TO ANY BENEFIT IN THE EMPLOYEES’ 14
PENSION SYSTEM. 15
(E) THE TRANSFER OF CREDI TABLE SERVICE FOR AN INDIVIDUAL 16
DESCRIBED IN SUBSECTION (A)(1) OF THIS SECTION WHO IS A MEMBER OF THE 17
EMPLOYEES’ PENSION SYSTEM THROUGH THE EF FECTIVE DATE , AND WHO 18
TRANSFERS TO THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM UNDER THIS 19
SECTION, IS NOT GOVERNED BY TITLE 37 OF THIS ARTICLE. 20
(F) IF THE CRISFIELD POLICE DEPARTMENT BECOMES A PARTICIPATING 21
GOVERNMENTAL UNIT IN THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM, § 22
31–2A–05(C) OF THIS SUBTITLE SHA LL GOVERN THE TRANSF ER AND CREDITING OF 23
ASSETS ON THE EFFECT IVE DATE. 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 25
1, 2023. 26