MD
Maryland Senate Bill SB68

Maryland 2023 Regular Session

Maryland Senate Bill SB68 Compare Versions

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1- WES MOORE, Governor Ch. 71
21
3-– 1 –
4-Chapter 71
5-(Senate Bill 68)
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+ *sb0068*
89
9-Law Enforcement Officers’ Pension System – Crisfield Police Department
10+SENATE BILL 68
11+P6 3lr0620
12+SB 958/22 – B&T (PRE–FILED) CF HB 163
13+By: Senator Carozza
14+Requested: October 26, 2022
15+Introduced and read first time: January 11, 2023
16+Assigned to: Budget and Taxation
17+Committee Report: Favorable
18+Senate action: Adopted
19+Read second time: February 17, 2023
1020
11-FOR the purpose of requiring membership in the Law Enforcement Officers’ Pension
12-System for certain local law enforcement officers of the Crisfield Police Department
13-under certain circumstances; providing that a certain individual is entitled to
14-eligibility service and creditable service that was earned before the effective date of
15-the Crisfield Police Department’s participation in the Law Enforcement Officers’
16-Pension System; providing that an individual who receives certain service credit is
17-not a member of and has no rights to a benefit in the Employees’ Pension System;
18-providing for the transfer of creditable service for a certain individual; providing for
19-the transfer and crediting of certain assets on the effective date of participation; and
20-generally relating to the Crisfield Police Department’s participation in the Law
21-Enforcement Officers’ Pension System.
21+CHAPTER ______
2222
23-BY repealing and reenacting, without amendments,
24- Article – State Personnel and Pensions
25-Section 31–2A–05(c)
26- Annotated Code of Maryland
27- (2015 Replacement Volume and 2022 Supplement)
23+AN ACT concerning 1
2824
29-BY adding to
30- Article – State Personnel and Pensions
31- Section 31–2A–06
32- Annotated Code of Maryland
33- (2015 Replacement Volume and 2022 Supplement)
25+Law Enforcement Officers’ Pension System – Crisfield Police Department 2
3426
35- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
36-That the Laws of Maryland read as follows:
27+FOR the purpose of requiring membership in the Law Enforcement Officers’ Pension 3
28+System for certain local law enforcement officers of the Crisfield Police Department 4
29+under certain circumstances; providing that a certain individual is entitled to 5
30+eligibility service and creditable service that was earned before the effective date of 6
31+the Crisfield Police Department’s participation in the Law Enforcement Officers’ 7
32+Pension System; providing that an individual who receives certain service credit is 8
33+not a member of and has no rights to a benefit in the Employees’ Pension System; 9
34+providing for the transfer of creditable service for a certain individual; providing for 10
35+the transfer and crediting of certain assets on the effective date of participation; and 11
36+generally relating to the Crisfield Police Department’s participation in the Law 12
37+Enforcement Officers’ Pension System. 13
3738
38-Article – State Personnel and Pensions
39+BY repealing and reenacting, without amendments, 14
40+ Article – State Personnel and Pensions 15
41+Section 31–2A–05(c) 16
42+ Annotated Code of Maryland 17
43+ (2015 Replacement Volume and 2022 Supplement) 18
3944
40-31–2A–05.
45+BY adding to 19
46+ Article – State Personnel and Pensions 20
47+ Section 31–2A–06 21
48+ Annotated Code of Maryland 22 2 SENATE BILL 68
4149
42- (c) (1) On the effective date:
4350
44- (i) the assets to the credit of the local plan or State system that
45-relate to the law enforcement officers, firefighters, or paramedics who elect to become
46-members shall be transferred to the Law Enforcement Officers’ Pension System; and
51+ (2015 Replacement Volume and 2022 Supplement) 1
4752
48- (ii) the trustee or other administrative head of the local plan or State
49-system shall certify the proportion of the funds of the local plan or State system that Ch. 71 2023 LAWS OF MARYLAND
53+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
54+That the Laws of Maryland read as follows: 3
5055
51-– 2 –
52-represents the accumulated contributions of the members as of that date.
56+Article – State Personnel and Pensions 4
5357
54- (2) The accumulated contributions shall be credited to the respective
55-annuity savings accounts of the members in the Law Enforcement Officers’ Pension
56-System.
58+31–2A–05. 5
5759
58- (3) The balance of the funds transferred to the Law Enforcement Officers’
59-Pension System shall be offset against the special accrued liability to be funded by the
60-participating governmental unit as provided by § 21–306.1(d) of this article.
60+ (c) (1) On the effective date: 6
6161
62-31–2A–06.
62+ (i) the assets to the credit of the local plan or State system that 7
63+relate to the law enforcement officers, firefighters, or paramedics who elect to become 8
64+members shall be transferred to the Law Enforcement Officers’ Pension System; and 9
6365
64- (A) THIS SECTION APPLIES TO AN INDIVIDUAL WHO IS A LOCAL LAW
65-ENFORCEMENT OFFICER OF THE CRISFIELD POLICE DEPARTMENT :
66+ (ii) the trustee or other administrative head of the local plan or State 10
67+system shall certify the proportion of the funds of the local plan or State system that 11
68+represents the accumulated contributions of the members as of that date. 12
6669
67- (1) IN A PERMANENT FULL–TIME POSITION BEFORE THE EFFECTIVE
68-DATE, AND WHO REMAINS A LO CAL LAW ENFORCEMENT OFFICER OF THE CRISFIELD
69-POLICE DEPARTMENT IN A PERMANENT FULL–TIME POSITION THROUGH THE
70-EFFECTIVE DATE ; OR
70+ (2) The accumulated contributions shall be credited to the respective 13
71+annuity savings accounts of the members in the Law Enforcement Officers’ Pension 14
72+System. 15
7173
72- (2) IN A PERMANENT FULL –TIME POSITION AFTER THE EFFECTIVE
73-DATE.
74+ (3) The balance of the funds transferred to the Law Enforcement Officers’ 16
75+Pension System shall be offset against the special accrued liability to be funded by the 17
76+participating governmental unit as provided by § 21–306.1(d) of this article. 18
7477
75- (B) NOTWITHSTANDING ANY O THER PROVISION OF LA W, IF THE CRISFIELD
76-POLICE DEPARTMENT BECOMES A PARTICIPATING GOVERN MENTAL UNIT IN THE
77-LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM, MEMBERSHIP IN THE LAW
78-ENFORCEMENT OFFICERS’ PENSION SYSTEM IS MANDATORY F OR AN INDIVIDUAL
79-DESCRIBED UNDER SUBS ECTION (A) OF THIS SECTION.
78+31–2A–06. 19
8079
81- (C) IF THE CRISFIELD POLICE DEPARTMENT COMMENCES PARTICIPATION
82-IN THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM IN ACCORDANCE WITH
83-SUBSECTION (B) OF THIS SECTION, AN INDIVIDUAL DESCRI BED UNDER SUBSECTION
84-(A)(1) OF THIS SECTION IS E NTITLED TO ELIGIBILI TY SERVICE AND CREDI TABLE
85-SERVICE IN THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM FOR
86-EMPLOYMENT WITH THE CRISFIELD POLICE DEPARTMENT BEFORE THE EFFECTIVE
87-DATE.
80+ (A) THIS SECTION APPLIES TO AN INDI VIDUAL WHO IS A LOCA L LAW 20
81+ENFORCEMENT OFFICER OF THE CRISFIELD POLICE DEPARTMENT : 21
8882
89- (D) ON JOINING THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM
90-AND RECEIVING SERVIC E CREDIT AS PROVIDED UNDER SUBSECTION (C) OF THIS
91-SECTION, AN INDIVIDUAL DESCRI BED UNDER SUBSECTION (A)(1) OF THIS SECTION
92-SHALL:
83+ (1) IN A PERMANENT FULL–TIME POSITION BEFORE THE EFFECTIVE 22
84+DATE, AND WHO REMAINS A LO CAL LAW ENFORCEMENT OFFICER OF THE CRISFIELD 23
85+POLICE DEPARTMENT IN A PERMANENT FULL–TIME POSITION THROUGH THE 24
86+EFFECTIVE DATE ; OR 25
9387
94- (1) NO LONGER BE A MEMBE R OF THE EMPLOYEES’ PENSION WES MOORE, Governor Ch. 71
88+ (2) IN A PERMANENT FULL –TIME POSITION AFTER THE EFFECTIVE 26
89+DATE. 27
9590
96-– 3 –
97-SYSTEM; AND
91+ (B) NOTWITHSTANDING ANY O THER PROVISION OF LA W, IF THE CRISFIELD 28
92+POLICE DEPARTMENT BECOMES A PARTICIPATING GOVERN MENTAL UNIT IN THE 29
93+LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM, MEMBERSHIP IN THE LAW 30
94+ENFORCEMENT OFFICERS’ PENSION SYSTEM IS MANDATORY F OR AN INDIVIDUAL 31
95+DESCRIBED UNDER SUBS ECTION (A) OF THIS SECTION. 32 SENATE BILL 68 3
9896
99- (2) HAVE NO FURTHER RIGH TS TO ANY BENEFIT IN THE EMPLOYEES’
100-PENSION SYSTEM.
10197
102- (E) THE TRANSFER OF CREDI TABLE SERVICE FOR AN INDIVIDUAL
103-DESCRIBED IN SUBSECT ION (A)(1) OF THIS SECTION WHO IS A MEMBER OF THE
104-EMPLOYEES’ PENSION SYSTEM THROUGH THE EF FECTIVE DATE , AND WHO
105-TRANSFERS TO THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM UNDER THIS
106-SECTION, IS NOT GOVERNED BY TITLE 37 OF THIS ARTICLE.
10798
108- (F) IF THE CRISFIELD POLICE DEPARTMENT BECOMES A PARTI CIPATING
109-GOVERNMENTAL UNIT IN THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM, §
110-31–2A–05(C) OF THIS SUBTITLE SHA LL GOVERN THE TRANSF ER AND CREDITING OF
111-ASSETS ON THE EFFECT IVE DATE.
99+ (C) IF THE CRISFIELD POLICE DEPARTMENT COMMENCES PARTICIPATION 1
100+IN THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM IN ACCORDANCE WITH 2
101+SUBSECTION (B) OF THIS SECTION, AN INDIVIDUAL DESCRI BED UNDER SUBSECTION 3
102+(A)(1) OF THIS SECTION IS E NTITLED TO ELIGIBILI TY SERVICE AND CREDI TABLE 4
103+SERVICE IN THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM FOR 5
104+EMPLOYMENT WITH THE CRISFIELD POLICE DEPARTMENT BEFORE THE EFFECTIVE 6
105+DATE. 7
112106
113- SECTION 2. AND BE IT FURTHER ENACTED, That this Act sh all take effect June
114-1, 2023.
107+ (D) ON JOINING THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM 8
108+AND RECEIVING SERVIC E CREDIT AS PROVIDED UNDER SUBSECTION (C) OF THIS 9
109+SECTION, AN INDIVIDUAL DESCRI BED UNDER SUBSECTION (A)(1) OF THIS SECTION 10
110+SHALL: 11
115111
116-Approved by the Governor, April 11, 2023.
112+ (1) NO LONGER BE A MEMBE R OF THE EMPLOYEES’ PENSION 12
113+SYSTEM; AND 13
114+
115+ (2) HAVE NO FURTHER RIGH TS TO ANY BENEFIT IN THE EMPLOYEES’ 14
116+PENSION SYSTEM. 15
117+
118+ (E) THE TRANSFER OF CREDI TABLE SERVICE FOR AN INDIVIDUAL 16
119+DESCRIBED IN SUBSECTION (A)(1) OF THIS SECTION WHO IS A MEMBER OF THE 17
120+EMPLOYEES’ PENSION SYSTEM THROUGH THE EF FECTIVE DATE , AND WHO 18
121+TRANSFERS TO THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM UNDER THIS 19
122+SECTION, IS NOT GOVERNED BY TITLE 37 OF THIS ARTICLE. 20
123+
124+ (F) IF THE CRISFIELD POLICE DEPARTMENT BECOMES A PARTICIPATING 21
125+GOVERNMENTAL UNIT IN THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM, § 22
126+31–2A–05(C) OF THIS SUBTITLE SHA LL GOVERN THE TRANSF ER AND CREDITING OF 23
127+ASSETS ON THE EFFECT IVE DATE. 24
128+
129+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 25
130+1, 2023. 26
131+