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.
*hb1005*
HOUSE BILL 1005
P6 4lr1916
CF SB 972
By: Delegate McCaskill
Introduced and read first time: February 5, 2024
Assigned to: Appropriations
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 5, 2024
CHAPTER ______
AN ACT concerning 1
Correctional Officers’ Retirement System – Membership 2
FOR the purpose of altering membership in the Correctional Officers’ Retirement System 3
to include certain employees of the Department of Public Safety and Correctional 4
Services and the Maryland Department of Health; making members transferred to 5
the Correctional Officers’ Retirement System under this Act eligible to receive 6
creditable service for unused sick leave accrued by the member in the State 7
Employees’ Retirement System or State Employees’ Pension System; providing for 8
the calculation of a certain benefit from the Correctional Officers’ Retirement System 9
for individuals serving in certain positions on or before a certain date; requiring the 10
State Retirement and Pension System to transfer the creditable service of employees 11
transferred into the Correctional Officers’ Retirement System under this Act unless 12
the employee elects; authorizing certain employees to elect not to transfer service to 13
the Correctional Officers’ Retirement System on or before a certain date; requiring 14
the Board of Trustees for the State Retirement and Pension System to calculate a 15
certain disability benefit for certain individuals and to grant a certain benefit under 16
certain circumstances; and generally relating to membership in the Correctional 17
Officers’ Retirement System. 18
BY repealing and reenacting, without amendments, 19
Article – State Personnel and Pensions 20
Section 20–206(a) 21
Annotated Code of Maryland 22
(2015 Replacement Volume and 2023 Supplement) 23
2 HOUSE BILL 1005
BY repealing and reenacting, with amendments, 1
Article – State Personnel and Pensions 2
Section 20–206(g), 25–201, and 25–401 3
Annotated Code of Maryland 4
(2015 Replacement Volume and 2023 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – State Personnel and Pensions 8
20–206. 9
(a) In this section, “unused sick leave” means sick leave credit that: 10
(1) has not been used before retirement; and 11
(2) was available to the member to be used as sick leave during 12
employment. 13
(g) (1) This subsection applies to a member of the Correctional Officers’ 14
Retirement System who: 15
(i) was a member of the Employees’ Pension System or Employees’ 16
Retirement System and was transferred from the Employees’ Pension System or 17
Employees’ Retirement System to the Correctional Officers’ Retirement System as a result 18
of a change in membership within the several systems that rendered the individual 19
ineligible for membership in the Employees’ Pension System or the Employees’ Retirement 20
System; 21
(ii) did not transfer service credit from the Employees’ Pension 22
System or the Employees’ Retirement System to the Correctional Officers’ Retirement 23
System; and 24
(iii) 1. retires under § 25–401 of this article, and receives a vested 25
benefit from the Employees’ Pension System or the Employees’ Retirement System; 26
2. retires under §§ 22–401, 22–402, 23–401, or 23–402 of this 27
article, and receives a vested benefit from the Correctional Officers’ Retirement System for 28
service earned on or after July 1, 2016; or 29
3. retires with a vested benefit from the Employees’ Pension 30
System or Employees’ Retirement System, and earned service in the Correctional Officers’ 31
Retirement System on or after July 1, 2016, for which the individual is not eligible for a 32
benefit. 33
HOUSE BILL 1005 3
(2) Subject to paragraphs (3) and (4) of this subsection, a member is 1
entitled to receive creditable service for the total amount of unused sick leave accrued by 2
the member at the time of retirement. 3
(3) (i) This paragraph applies to an individual described under item 4
(1)(iii)1 or 2 of this subsection. 5
(ii) The creditable service for unused sick leave shall be calculated 6
for each of the two State systems by multiplying the total amount of unused sick leave, 7
calculated in accordance with subsection (e) of this section, by a fraction: 8
1. the numerator of which is the creditable service earned in 9
the State system, not including the creditable service for unused sick leave; and 10
2. the denominator of which is the total creditable service 11
earned in both State systems, not including the creditable service for unused sick leave. 12
(4) (i) This paragraph applies to an individual described under item 13
(1)(iii)3 of this subsection. 14
(ii) An individual’s retirement benefit from the Employees’ Pension 15
System or Employees’ Retirement System shall be adjusted to include any credit for unused 16
sick leave that the individual accrued in the Employees’ Pension System or Employees’ 17
Retirement System prior to becoming a member of the Correctional Officers’ Retirement 18
System: 19
1. on or after July 1, 2016, in a position included under § 20
25–201(a)(7) of this article; 21
2. on or after July 1, 2017, in a position included under § 22
25–201(a)(8) or (9) of this article; 23
3. on or after July 1, 2018, in a position included under § 24
25–201(a)(10) or (11) of this article; [or] 25
4. on or after July 1, 2022, in a position included under § 26
25–201(a)(12) of this article; OR 27
5. ON OR AFTER JULY 1, 2024, IN A POSITION INCLUD ED 28
UNDER § 25–201(A)(13) OF THIS ARTICLE . 29
25–201. 30
(a) Except as provided in subsection (b) of this section, this subtitle applies only 31
to: 32
(1) correctional officers serving in any of the first six job classifications; 33 4 HOUSE BILL 1005
(2) security attendants at Clifton T. Perkins Hospital Center; 1
(3) a detention center officer employed by a participating governmental 2
unit that on or after July 1, 2006, has elected to participate in the Correctional Officers’ 3
Retirement System; 4
(4) an individual serving as a correctional dietary, maintenance, laundry, 5
or supply officer; 6
(5) an individual serving as a Maryland Correctional Enterprises officer, 7
officer trainee, plant supervisor, plant manager, or regional manager; 8
(6) a correctional officer serving as a security chief, a facility administrator, 9
an assistant warden, or a warden who: 10
(i) begins employment in that position on or after July 1, 2014; or 11
(ii) is serving in that position on June 30, 2014, and elects to transfer 12
to the Correctional Officers’ Retirement System from: 13
1. the Employees’ Pension System on or before December 31, 14
2014; or 15
2. the Employees’ Retirement System on or before December 16
31, 2015; 17
(7) an individual serving as a correctional case management specialist, 18
supervisor, or manager on or after July 1, 2016; 19
(8) an individual serving as a parole and probation agent, supervisor, or 20
regional administrator on or after July 1, 2017; 21
(9) an individual serving as a Department of Public Safety and 22
Correctional Services employee in one of the following positions on or after July 1, 2017: 23
(i) an alcohol and drug: 24
1. associate counselor, counselor lead, counselor provisional, 25
or counselor supervisor; 26
2. professional counselor, counselor provisional, or counselor 27
supervisor; or 28
3. supervised counselor or counselor provisional; 29
HOUSE BILL 1005 5
(ii) a mental health professional counselor, graduate professional 1
counselor, professional counselor advanced, or professional supervisor; 2
(iii) a psychologist, psychology associate, or psychology associate 3
doctorate; 4
(iv) a social worker, social worker advanced, social worker 5
supervisor, or social work regional supervisor; or 6
(v) a recreation officer or supervisor; 7
(10) an individual serving as a Department of Juvenile Services employee 8
in one of the following positions on or after July 1, 2018: 9
(i) a community detention officer or community detention 10
supervisor; 11
(ii) a youth transportation officer, youth transportation officer lead, 12
youth transportation officer supervisor, or youth transportation officer trainee; 13
(iii) a resident advisor, resident advisor lead, resident advisor 14
supervisor, or resident advisor trainee; or 15
(iv) a youth recreation specialist; 16
(11) an individual serving as a Department of Public Safety and 17
Correctional Services employee in one of the following positions on or after July 1, 2018: 18
(i) a parole and probation assistant regional administrator; 19
(ii) a psychology services chief; 20
(iii) a correctional maintenance officer supervisor; 21
(iv) a correctional maintenance officer manager; 22
(v) a correctional maintenance services officer; 23
(vi) a correctional maintenance services supervisor; or 24
(vii) a correctional maintenance services manager; [and] OR 25
(VIII) A CORRECTIONAL MAINT ENANCE REGIONAL MANAGER; 26
(12) an individual serving as a Department of Juvenile Services employee 27
in one of the following positions on or after July 1, 2022: 28
6 HOUSE BILL 1005
(i) a case management specialist I, II, or III; 1
(ii) a case management specialist supervisor; 2
(iii) a case management specialist program supervisor; or 3
(iv) a group life manager I or II; AND 4
(13) AN INDIVIDUAL SERVIN G AS A MARYLAND DEPARTMENT OF 5
HEALTH EMPLOYEE IN ONE OF THE FOLLOW ING POSITIONS ON OR AFTER JULY 1, 6
2024: 7
(I) AT ONE OF THE FOLLOWING FACILITIES : 8
1. EASTERN SHORE HOSPITAL CENTER; 9
2. THOMAS B. FINAN CENTER; 10
3. THE POTOMAC CENTER/THE SECURE EVALUATION 11
AND THERAPEUTIC TREATMENT PROGRAM; 12
4. SPRING GROVE HOSPITAL; 13
5. SPRINGFIELD HOSPITAL CENTER; 14
6. THE REGIONAL INSTITUTE FOR CHILDREN AND 15
ADOLESCENTS BALTIMORE; OR 16
7. JOHN L. GILDNER REGIONAL INSTITUTE FOR 17
CHILDREN AND ADOLESCENTS ; AND 18
(II) IN ONE OF THE FOLLOW ING POSITIONS: 19
(I) 1. A CAMH ASSOCIATE – CI; 20
(II) 2. A DEVELOPMENTAL DISABILITY ASSOCIATE – CI; 21
(III) 3. A DIRECT CARE ASSIST ANT – CI; 22
(IV) 4. A LICENSED PRACTICAL NURSE – CI; 23
(V) 5. A RESIDENT ASSOCIATE SETT – CI; OR 24
(VI) 6. A SECURITY ATTENDANT I, II, OR III; 25
HOUSE BILL 1005 7
7. A SECURITY ATTENDANT MANAGER I OR II; OR 1
8. A SECURITY ATTENDANT SUPERVISOR . 2
(b) This subtitle does not apply to: 3
(1) an employee of the Baltimore City Jail as of June 30, 1991, who: 4
(i) became an employee of the Baltimore City Detention Center on 5
July 1, 1991; and 6
(ii) did not elect to become a member of the Correctional Officers’ 7
Retirement System on that date; 8
(2) a detention center officer employed by a participating governmental 9
unit as a local detention center officer on the effective date of participation on or after July 10
1, 2006, who did not elect to become a member of the Correctional Officers’ Retirement 11
System within 6 months of the effective date of participation; or 12
(3) a correctional officer serving as a security chief, a facility administrator, 13
an assistant warden, or a warden who is in that position on June 30, 2014, and does not 14
elect to transfer membership to the Correctional Officers’ Retirement System from: 15
(i) the Employees’ Pension System on or before December 31, 2014; 16
or 17
(ii) the Employees’ Retirement System on or before December 31, 18
2015. 19
25–401. 20
(a) A member may retire with a normal service retirement allowance if: 21
(1) on or before the date of retirement, the member: 22
(i) has at least 20 years of eligibility service; 23
(ii) 1. is a correctional case management specialist, supervisor, 24
or manager on or before June 30, 2016; 25
2. is vested in the Correctional Officers’ Retirement System; 26
and 27
3. has a combined total of at least 20 years of eligibility 28
service from: 29
8 HOUSE BILL 1005
A. the Correctional Officers’ Retirement System and the 1
Employees’ Retirement System; or 2
B. the Correctional Officers’ Retirement System and the 3
Employees’ Pension System; 4
(iii) 1. is serving in a position specified in: 5
A. § 25–201(a)(8) or (9) of this title on or before June 30, 2017; 6
B. § 25–201(a)(10) or (11) of this title on or before June 30, 7
2018; [or] 8
C. § 25–201(a)(12) of this title on or before June 30, 2022; OR 9
D. § 25–201(A)(13) OF THIS TITLE ON OR BEFORE JUNE 10
30, 2024; 11
2. is vested in the Correctional Officers’ Retirement System; 12
and 13
3. has a combined total of at least 20 years of eligibility 14
service from: 15
A. the Correctional Officers’ Retirement System and the 16
Employees’ Retirement System; or 17
B. the Correctional Officers’ Retirement System and the 18
Employees’ Pension System; or 19
(iv) is at least 55 years old and has: 20
1. at least 5 years of eligibility service credit, if the member 21
is a member on or before June 30, 2011; or 22
2. at least 10 years of eligibility service credit, if the member 23
becomes a member on or after July 1, 2011; and 24
(2) the member completes and submits a written application to the Board 25
of Trustees stating the date when the member desires to retire. 26
(b) (1) Except as provided in paragraph (2) of this subsection, on retirement 27
under this section, a member is entitled to receive a normal service retirement allowance 28
that equals one fifty–fifth of the member’s average final compensation multiplied by the 29
number of years of creditable service. 30
HOUSE BILL 1005 9
(2) On retirement under this section, if a member’s annuity is greater than 1
the member’s normal service retirement allowance calculated under paragraph (1) of this 2
subsection, the member’s normal service retirement allowance shall equal the member’s 3
annuity. 4
(c) (1) This subsection applies only to: 5
(i) a correctional case management specialist, supervisor, or 6
manager who has a combined total of 20 years of eligibility service as provided in subsection 7
(a)(1)(ii) of this section; or 8
(ii) a member serving in a position specified in § 25–201(a)(8), (9), 9
(10), (11), [or] (12), OR (13) of this title who has a combined total of 20 years of eligibility 10
service as provided in subsection (a)(1)(iii) of this section. 11
(2) A member is entitled to receive a normal service retirement allowance 12
that equals an allowance based on the creditable service the member has in the 13
Correctional Officers’ Retirement System. 14
SECTION 2. AND BE IT FURTHER ENACTED, That § 37 –203(f)(3) of the State 15
Personnel and Pensions Article does not apply to an individual who transfers service credit 16
to the Correctional Officers’ Retirement System under Title 37 of the State Personnel and 17
Pensions Article in accordance with this Act. 18
SECTION 3. AND BE IT FURTHER ENACTED, That: 19
(a) This section applies to an individual who: 20
(1) is employed in a position affected by this Act on July 1, 2024; and 21
(2) has creditable service in the Employees’ Pension System before July 1, 22
2008. 23
(a) (b) Except as provided in subsections (b) and (c) (c) and (d) of this section, on June 24
30, 2025, the Board of Trustees for the State Retirement and Pension System shall transfer 25
the service of an individual described in subsection (a) of this section from the Employees’ 26
Retirement System or Employees’ Pension System to the Correctional Officers’ Retirement 27
System the service of an individual who was transferred into the Correctional Officers’ 28
Retirement System under this Act. 29
(b) (c) On or before June 1, 2025, an individual described in subsection (a) of this 30
section who was transferred into the Correctional Officers’ Retirement System under this 31
Act may elect not to transfer the individual’s Employees’ Retirement System or Employees’ 32
Pension System service to the Correctional Officers’ Retirement System by submitting to 33
the Board of Trustees for the State Retirement and Pension System a form provided by the 34
State Retirement Agency for the purpose of electing not to transfer service under this Act. 35
10 HOUSE BILL 1005
(c) (d) If an individual described in subsection (a) of this section who was transferred 1
into the Correctional Officers’ Retirement System under this Act submits an application for 2
retirement to retire before June 30, 2025, the Board of Trustees for the State Retirement 3
and Pension System shall transfer the individual’s service from the Employees’ Retirement 4
System or the Employees’ Pension System to the Correctional Officers’ Retirement System 5
prior to the effective date of retirement, unless the individual elects not to transfer the 6
individual’s service in accordance with subsection (b) (c) of this section. 7
SECTION 4. AND BE IT FURTHER ENACTED, That: 8
(a) This section applies to an individual who: 9
(1) is employed in a position affected by this Act on July 1, 2024; and 10
(2) has no creditable service in the Employees’ Pension System before July 11
1, 2008. 12
(b) An individual described in subsection (a) of this section shall have the 13
individual’s service credit from the Employees’ Pension System transferred and combined 14
with the individual’s service in the Correctional Officers’ Retirement System. 15
SECTION 4. 5. AND BE IT FURTHER ENACTED, That: 16
(a) This section applies to an individual who has service from the Employees’ 17
Retirement System or Employees’ Pension System transferred into the Correctional 18
Officers’ Retirement System under this Act. 19
(b) If an individual described under subsection (a) of this section is granted an 20
ordinary disability benefit under Title 29, Subtitle 1 of the State Personnel and Pensions 21
Article, the Board of Trustees for the State Retirement and Pension System shall calculate 22
the ordinary disability benefit under §§ 29–106 and 29–108 of the State Personnel and 23
Pensions Article and grant the greater benefit to the individual. 24
SECTION 5. 6. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
July 1, 2024. Section 3 of this Act shall remain effective for a period of 1 year and, at the 26
end of June 30, 2025, Section 3 of this Act, with no further action required by the General 27
Assembly, shall be abrogated and of no further force and effect. 28