WES MOORE, Governor Ch. 670
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Chapter 670
(House Bill 966)
AN ACT concerning
Law Enforcement Officers’ Pension System – Reemployment as Sheriff
FOR the purpose of requiring the Board of Trustees for the State Retirement and Pension
System to suspend the retirement benefit of a retiree of the Law Enforcement
Officers’ Pension System who is elected as a sheriff within a certain period of time
after the date of retirement; providing for the reinstatement of a benefit; providing
that a suspension of a benefit does not affect survivor benefits; and generally relating
to reemployment of retirees of the Law Enforcement Officers’ Pension System.
BY repealing and reenacting, with amendments,
Article – State Personnel and Pensions
Section 26–403
Annotated Code of Maryland
(2015 Replacement Volume and 2023 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
26–403.
(a) Except as provided in [subsection (f)] SUBSECTIONS (F) AND (G) of this
section, a retiree who is receiving a service retirement allowance may accept employment
with a participating employer on a permanent, temporary, or contractual basis, without
any reduction in retirement allowance.
(b) A reemployed retiree who is receiving a service retirement allowance may not
receive creditable service or eligibility service during the period of reemployment.
(c) The retiree’s compensation during the period of reemployment may not be
subject to the employer pickup provisions of § 21–303 of this article or any reduction or
deduction as a member contribution for pension or retirement purposes.
(d) The State Retirement Agency shall institute appropriate reporting procedures
with the affected payroll systems to ensure compliance with this section.
(e) (1) Immediately on the employment of any retiree, a participating
employer shall notify the State Retirement Agency of the type of employment and the
anticipated earnings of the retiree.
Ch. 670 2024 LAWS OF MARYLAND
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(2) At least once each year, in a format specified by the State Retirement
Agency, each participating employer shall provide the State Retirement Agency with a list
of all employees included on any payroll of the employer, the Social Security numbers of
the employees, and their earnings for that year.
(f) An individual who is receiving a service retirement allowance under this title
may not be employed within 45 days of the date the individual retired, on a permanent,
temporary, or contractual basis, by:
(1) the State or other participating employer; or
(2) a withdrawn participating governmental unit, if the retiree was an
employee of the withdrawn participating governmental unit while the withdrawn
governmental unit was a participating employer.
(G) (1) THIS SECTION APPLIES TO A RETIREE WHO IS ELECTED AS A
SHERIFF LESS THAN 5 YEARS 1 YEAR AFTER THE RETIREE ’S DATE OF RETIREMENT .
(2) THE BOARD OF TRUSTEES SHALL , AFTER GIVING NOTICE ,
TEMPORARILY SUSPEND THE RETIREE’S ALLOWANCE AS OF TH E DATE THE RETIREE
BEGINS SERVING AS A SHERIFF.
(3) (I) ON RECEIVING SATISFAC TORY DOCUMENTATION T HAT THE
INDIVIDUAL IS NO LON GER SERVING AS A SHE RIFF, THE BOARD OF TRUSTEES
SHALL REINSTATE THE RETIREE’S ALLOWANCE WITH ACC UMULATED
COST–OF–LIVING ADJUSTMENTS F ROM THE DATE THE ALL OWANCE WAS
TEMPORARILY SUSP ENDED.
(II) THE RETIREE’S ALLOWANCE WILL BE REINSTATED ON THE
FIRST DAY OF THE MON TH FOLLOWING THE MON TH IN WHICH THE RETI REE CEASED
SERVING AS A SHERIFF .
(4) IF A RETIREE WHOSE AL LOWANCE IS TEMPORARI LY SUSPENDED
DIES WHILE SERVING A S A SHERIFF, SURVIVORSHIP BENEFITS S ELECTED BY THE
MEMBER AT THE TIME O F RETIREMENT SHALL B E PAID TO:
(I) THE SURVIVING SPOUSE OR CHILD, IN ACCORDANCE WITH §
26–402 OF THIS SUBTITLE ; OR
(II) IF THERE IS NO SURVI VING SPOUSE OR CHILD , THE
DESIGNATED BENEFICIA RY IN ACCORDANCE WITH § 21–403 OF THIS ARTICLE.
WES MOORE, Governor Ch. 670
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to
apply only prospectively and may not be applied or interpreted to have any effect on or
application to any individual who retires before the effective date of this Act.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2024.
Approved by the Governor, May 9, 2024.