EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
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SENATE BILL 802
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By: Senator Mautz
Introduced and read first time: February 6, 2023
Assigned to: Budget and Taxation
A BILL ENTITLED
AN ACT concerning 1
Law Enforcement Officers’ Pension System – Membership – Emergency Medical 2
Technicians and Emergency Medical Dispatchers 3
FOR the purpose of authorizing membership in the Law Enforcement Officers’ Pension 4
System for certain emergency medical technicians and certain emergency medical 5
dispatchers under certain circumstances; and generally relating to membership in 6
the Law Enforcement Officers’ Pension System. 7
BY repealing and reenacting, with amendments, 8
Article – State Personnel and Pensions 9
Section 26–201, 31–2A–01, 31–2A–03, 31–2A–04, and 31–2A–05 10
Annotated Code of Maryland 11
(2015 Replacement Volume and 2022 Supplement) 12
BY repealing and reenacting, without amendments, 13
Article – State Personnel and Pensions 14
Section 31–2A–02 and 31–2A–03.1 15
Annotated Code of Maryland 16
(2015 Replacement Volume and 2022 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – State Personnel and Pensions 20
26–201. 21
(a) Except as provided in subsection (b) of this section, this subtitle applies only 22
to: 23
(1) an employee of the Department of Natural Resources commissioned by 24 2 SENATE BILL 802
the Secretary of Natural Resources as: 1
(i) a Natural Resources police officer; or 2
(ii) a law enforcement officer, other than a Natural Resources police 3
officer; 4
(2) a law enforcement officer employed by: 5
(i) the Field Enforcement Bureau; or 6
(ii) the Field Enforcement Division of the Alcohol and Tobacco 7
Commission; 8
(3) a member of the Maryland Transportation Authority Police Force who 9
has the powers granted to a police officer under § 4–208 of the Transportation Article; 10
(4) a deputy sheriff employed by the Baltimore City Sheriff’s Department; 11
(5) a member of the University System of Maryland Police Force who has 12
the powers granted to a police officer under § 13–601 of the Education Article; 13
(6) a law enforcement officer or firefighter employed by a participating 14
governmental unit that on or after July 1, 1999 has elected to participate in the Law 15
Enforcement Officers’ Pension System; 16
(7) the State Fire Marshal or a Deputy State Fire Marshal; 17
(8) a member of the Morgan State University Police Force who has the 18
powers granted to a police officer under § 14–106 of the Education Article; 19
(9) a member of the BWI Airport Fire & Rescue Department; 20
(10) a member of the Maryland Capitol Police of the Department of General 21
Services who has the powers granted to a police officer under § 4–605 of the State Finance 22
and Procurement Article; 23
(11) an employee of the Maryland Department of Health commissioned by 24
the Secretary of Health as a Maryland Department of Health police officer; 25
(12) an employee of the Motor Vehicle Administration commissioned by the 26
Secretary of Transportation as a Motor Vehicle Administration police officer; 27
(13) a firefighter or law enforcement officer for the Martin State Airport 28
employed by the Military Department; 29
(14) a police officer employed by the Division of Rehabilitation Services in 30 SENATE BILL 802 3
the Department of Education, certified in accordance with the Maryland Police and 1
Correctional Training Commissions; 2
(15) a firefighter or paramedic employed by the Salisbury Fire Department 3
who is eligible to be a member as provided in Title 31, Subtitle 2A of this article; 4
(16) an aviator employed by the Department of State Police to operate an 5
aircraft for the State Emergency Medical System; 6
(17) a member of the Maryland Transit Administration Police Force who has 7
the powers granted to a police officer under § 7–207 of the Transportation Article; 8
(18) an individual who is elected or appointed as the Baltimore City Sheriff 9
and who does not elect to join the Employees’ Pension System under Title 23 of this article 10
within 6 months of the date the individual begins serving as the Baltimore City Sheriff; 11
(19) a member of the Department of Public Safety and Correctional Services 12
Intelligence and Investigative Division who has the powers granted to a police officer under 13
§ 10–701 of the Correctional Services Article; 14
(20) a police officer employed by the Baltimore City Community College who 15
has the power granted to a police officer under § 16–513 of the Education Article; 16
(21) an employee of the Warrant Apprehension Unit of the Intelligence and 17
Investigative Division in the Department of Public Safety and Correctional Services who 18
has the powers granted to a peace officer or police officer under § 10–702 of the Correctional 19
Services Article; [and] 20
(22) the Executive Director of the Alcohol and Tobacco Commission; 21
(23) AN EMERGENCY MEDICAL TECHNICIAN EMPLOYED BY A 22
PARTICIPATING GOVERN MENTAL UNIT WHO IS E LIGIBLE TO BE A MEMB ER AS 23
PROVIDED IN TITLE 31, SUBTITLE 2A OF THIS ARTICLE; AND 24
(24) AN EMERGENCY MEDICAL DISPATCHER EMPLOYED BY A 25
PARTICIPATING GOVERN MENTAL UNIT WHO IS E LIGIBLE TO BE A MEMB ER AS 26
PROVIDED IN TITLE 31, SUBTITLE 2A OF THIS ARTICLE . 27
(b) This subtitle does not apply to: 28
(1) a Maryland Transportation Authority police officer who transferred 29
from the Employees’ Retirement System to the Employees’ Pension System on or after 30
December 1, 1996; 31
(2) a deputy sheriff employed by the Baltimore City Sheriff’s Department 32
who transferred from the Employees’ Retirement System to the Employees’ Pension System 33 4 SENATE BILL 802
on or after December 1, 1996; 1
(3) a member of the University System of Maryland Police Force who 2
transferred from the Employees’ Retirement System to the Employees’ Pension System on 3
or after December 1, 1997; 4
(4) a law enforcement officer [or], firefighter, EMERGENCY MEDICAL 5
TECHNICIAN, OR EMERGENCY MEDICAL DISPATCHER employed by a participating 6
governmental unit who transferred from the Employees’ Retirement System to the 7
Employees’ Pension System on or after December 1, 1997; 8
(5) a Maryland Port Administration police officer who transferred from the 9
Employees’ Retirement System to the Employees’ Pension System on or after December 1, 10
1997; 11
(6) a State Fire Marshal or Deputy State Fire Marshal who transferred 12
from the Employees’ Retirement System to the Employees’ Pension System on or after 13
December 1, 1996; 14
(7) a member of the Morgan State University Police Force who transferred 15
from the Employees’ Retirement System to the Employees’ Pension System on or after 16
December 1, 1997; 17
(8) a member of the BWI Airport Fire & Rescue Department who 18
transferred from the Employees’ Retirement System to the Employees’ Pension System on 19
or after April 1, 1998; 20
(9) a member of the Maryland Capitol Police of the Department of General 21
Services, Maryland Department of Health, or Motor Vehicle Administration who 22
transferred from the Employees’ Retirement System to the Employees’ Pension System on 23
or after April 1, 1998; 24
(10) a firefighter or law enforcement officer for the Martin State Airport 25
employed by the Military Department who transferred from the Employees’ Retirement 26
System to the Employees’ Pension System on or after April 1, 1998; 27
(11) a police officer employed by the Division of Rehabilitation Services in 28
the Department of Education who: 29
(i) is certified in accordance with the Maryland Police and 30
Correctional Training Commissions; and 31
(ii) transferred from the Employees’ Retirement System to the 32
Employees’ Pension System on or after April 1, 1998; 33
(12) a firefighter or paramedic employed by the Salisbury Fire Department 34
who transferred from the Employees’ Retirement System to the Employees’ Pension System 35 SENATE BILL 802 5
on or after April 1, 1998; 1
(13) an aviator employed by the Department of State Police to operate an 2
aircraft for the State Emergency Medical System who transferred from the Employees’ 3
Retirement System to the Employees’ Pension System on or after April 1, 1998; or 4
(14) a police officer employed by the Baltimore City Community College who 5
transferred from the Employees’ Retirement System to the Employees’ Pension System on 6
or after December 1, 1996. 7
31–2A–01. 8
(a) In this subtitle the following words have the meanings indicated. 9
(b) “Effective date” means the date that an eligible governmental unit commenced 10
or commences participation in the Law Enforcement Officers’ Pension System. 11
(c) “Eligible governmental unit” means a governmental unit that is eligible to 12
participate in the Law Enforcement Officers’ Pension System under § 31–2A–02 of this 13
subtitle. 14
(D) (1) “EMERGENCY MEDICAL DIS PATCHER” MEANS A PAID 15
EMERGENCY MEDICAL DI SPATCHER, AS DETERMINED BY THE ELIGIBLE 16
GOVERNMENTAL UNIT . 17
(2) “EMERGENCY MEDICAL DIS PATCHER” DOES NOT INCLUDE A 18
VOLUNTEER EMERGENCY MEDICAL DISPATCHER . 19
(E) (1) “EMERGENCY MEDICAL TEC HNICIAN” MEANS A PAID EMERGEN CY 20
MEDICAL TECHNICIAN , AS DETERMINED BY THE ELIGIBLE GOVERNMENTA L UNIT. 21
(2) “EMERGENCY MEDICAL TEC HNICIAN” DOES NOT INCLUDE A 22
VOLUNTEER EMERGENCY MEDICAL TECHNICIAN . 23
[(d)] (F) (1) “Firefighter” means: 24
(i) a paid firefighter, as determined by the eligible governmental 25
unit; or 26
(ii) a paid paramedic, as determined by the eligible governmental 27
unit. 28
(2) “Firefighter” does not include: 29
(i) a volunteer firefighter; or 30
6 SENATE BILL 802
(ii) a volunteer paramedic. 1
[(e)] (G) “Law enforcement officer” means an individual certified by the 2
Maryland Police Training and Standards Commission as a law enforcement officer. 3
[(f)] (H) (1) “Local plan” means a plan or any other arrangement of an 4
eligible governmental unit that is described in § 219(g)(5) of the Internal Revenue Code. 5
(2) “Local plan” does not include a plan established under § 457 of the 6
Internal Revenue Code. 7
[(g)] (I) “State system” has the meaning stated in § 20–101(pp) of this article. 8
31–2A–02. 9
Subject to § 31–2A–03 of this subtitle, the governmental units that are eligible to 10
participate in the Law Enforcement Officers’ Pension System are: 11
(1) counties; and 12
(2) municipal corporations. 13
31–2A–03. 14
(a) Subject to subsection (b) of this section, the legislative body of an eligible 15
governmental unit may approve participation by its law enforcement officers [or], 16
firefighters, EMERGENCY MEDICAL TE CHNICIANS, OR EMERGENCY MEDICAL 17
DISPATCHERS in the Law Enforcement Officers’ Pension System if: 18
(1) the legislative body adopts a resolution in the form prescribed by the 19
Board of Trustees; and 20
(2) the eligible governmental unit participates in a State system or 21
operates a local plan, only if: 22
(i) at least 60% of the law enforcement officers [or], firefighters, 23
EMERGENCY MEDICAL TE CHNICIANS, OR EMERGENCY MEDICAL DISPATCHERS of the 24
eligible governmental unit petition to become members of the Law Enforcement Officers’ 25
Pension System; 26
(ii) the eligible governmental unit satisfies the requirements in 27
subsection (b) of this section; and 28
(iii) the legislative body approves participation of its law enforcement 29
officers [or], firefighters, EMERGENCY MEDICAL TE CHNICIANS, OR EMERGENCY 30
MEDICAL DISPATCHERS in lieu of participation in the State system or local plan. 31 SENATE BILL 802 7
(b) An eligible governmental unit that operates a local plan or participates in a 1
State system may approve participation of its law enforcement officers [or], firefighters, 2
EMERGENCY MEDICAL TE CHNICIANS, OR EMERGENCY MEDICAL DISPATCHERS in the 3
Law Enforcement Officers’ Pension System only if: 4
(1) the State system or local plan of the eligible governmental unit requires 5
member contributions at the same rate as the member contribution rate that would be 6
applicable to the law enforcement officers [or], firefighters, EMERGENCY MEDICAL 7
TECHNICIANS, OR EMERGENCY MEDICAL DISPATCHERS of the eligible governmental 8
unit in the Law Enforcement Officers’ Pension System; or 9
(2) the eligible governmental unit: 10
(i) does not provide for the employer pickup of member 11
contributions to the State system or local plan within the meaning of § 414(h)(2) of the 12
Internal Revenue Code; and 13
(ii) certifies that it will not become an approved employer under § 14
21–313 of this article on or after the effective date of participation. 15
(c) (1) If an eligible governmental unit does not satisfy the requirements 16
under subsection (b) of this section, the eligible governmental unit may submit a request to 17
the Board of Trustees to participate in the Law Enforcement Officers’ Pension System. 18
(2) The Board of Trustees shall consider a request made under paragraph 19
(1) of this subsection and determine whether any legislation is necessary to allow the 20
eligible governmental unit to participate in the Law Enforcement Officers’ Pension System. 21
(3) The Board of Trustees shall make recommendations to the Joint 22
Committee on Pensions regarding any legislation that it determines is necessary to allow 23
the eligible governmental unit to participate in the Law Enforcement Officers’ Pension 24
System. 25
31–2A–03.1. 26
(a) Except as provided in subsection (b) of this section, the effective date of 27
participation for an eligible governmental unit is July 1 of the year following the fiscal year 28
in which the eligible governmental unit elects to participate in the Law Enforcement 29
Officers’ Pension System. 30
(b) If an eligible governmental unit does not provide the Board of Trustees with 31
the necessary documentation to join the Law Enforcement Officers’ Pension System on or 32
before the effective date for the eligible governmental unit, the effective date shall be 33
postponed until July 1 of the second year following the fiscal year in which the eligible 34
governmental unit elects to participate in the Law Enforcement Officers’ Pension System. 35
8 SENATE BILL 802
31–2A–04. 1
If a law enforcement officer, firefighter, EMERGENCY MEDICAL TE CHNICIAN, 2
EMERGENCY MEDICAL DI SPATCHER, or paramedic joins the Law Enforcement Officers’ 3
Pension System on the effective date, the member is entitled to credit for employment with 4
the participating governmental unit before the effective date. 5
31–2A–05. 6
(a) This section applies only to a local plan that is a qualified plan under § 401(a) 7
of the Internal Revenue Code and provides a defined benefit to its participants. 8
(b) If an eligible governmental unit approves participation in the Law 9
Enforcement Officers’ Pension System, the operation of the local plan or State system with 10
respect to the law enforcement officers, firefighters, EMERGENCY MEDICAL 11
TECHNICIANS, EMERGENCY MEDICAL DI SPATCHERS, or paramedics terminates on the 12
effective date. 13
(c) (1) On the effective date: 14
(i) the assets to the credit of the local plan or State system that 15
relate to the law enforcement officers, firefighters, EMERGENCY MEDICAL TE CHNICIANS, 16
EMERGENCY MEDICAL DI SPATCHERS, or paramedics who elect to become members shall 17
be transferred to the Law Enforcement Officers’ Pension System; and 18
(ii) the trustee or other administrative head of the local plan or State 19
system shall certify the proportion of the funds of the local plan or State system that 20
represents the accumulated contributions of the members as of that date. 21
(2) The accumulated contributions shall be credited to the respective 22
annuity savings accounts of the members in the Law Enforcement Officers’ Pension 23
System. 24
(3) The balance of the funds transferred to the Law Enforcement Officers’ 25
Pension System shall be offset against the special accrued liability to be funded by the 26
participating governmental unit as provided by § 21–306.1(d) of this article. 27
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 28
1, 2023. 29