WES MOORE, Governor Ch. 136
– 1 –
Chapter 136
(Senate Bill 972)
AN ACT concerning
Correctional Officers’ Retirement System – Membership
FOR the purpose of altering membership in the Correctional Officers’ Retirement System
to include certain employees of the Department of Public Safety and Correctional
Services and the Maryland Department of Health; making members transferred to
the Correctional Officers’ Retirement System under this Act eligible to receive
creditable service for unused sick leave accrued by the member in the State
Employees’ Retirement System or State Employees’ Pension System; providing for
the calculation of a certain benefit from the Correctional Officers’ Retirement System
for individuals serving in certain positions on or before a certain date; requiring the
State Retirement and Pension System to transfer the creditable service of employees
transferred into the Correctional Officers’ Retirement System under this Act unless
the employee elects; authorizing certain employees to elect not to transfer service to
the Correctional Officers’ Retirement System on or before a certain date; requiring
the Board of Trustees for the State Retirement and Pension System to calculate a
certain disability benefit for certain individuals and to grant a certain benefit under
certain circumstances; and generally relating to membership in the Correctional
Officers’ Retirement System.
BY repealing and reenacting, without amendments,
Article – State Personnel and Pensions
Section 20–206(a)
Annotated Code of Maryland
(2015 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – State Personnel and Pensions
Section 20–206(g), 25–201, and 25–401
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
20–206.
(a) In this section, “unused sick leave” means sick leave credit that:
(1) has not been used before retirement; and Ch. 136 2024 LAWS OF MARYLAND
– 2 –
(2) was available to the member to be used as sick leave during
employment.
(g) (1) This subsection applies to a member of the Correctional Officers’
Retirement System who:
(i) was a member of the Employees’ Pension System or Employees’
Retirement System and was transferred from the Employees’ Pension System or
Employees’ Retirement System to the Correctional Officers’ Retirement System as a result
of a change in membership within the several systems that rendered the individual
ineligible for membership in the Employees’ Pension System or the Employees’ Retirement
System;
(ii) did not transfer service credit from the Employees’ Pension
System or the Employees’ Retirement System to the Correctional Officers’ Retirement
System; and
(iii) 1. retires under § 25–401 of this article, and receives a vested
benefit from the Employees’ Pension System or the Employees’ Retirement System;
2. retires under §§ 22–401, 22–402, 23–401, or 23–402 of this
article, and receives a vested benefit from the Correctional Officers’ Retirement System for
service earned on or after July 1, 2016; or
3. retires with a vested benefit from the Employees’ Pension
System or Employees’ Retirement System, and earned service in the Correctional Officers’
Retirement System on or after July 1, 2016, for which the individual is not eligible for a
benefit.
(2) Subject to paragraphs (3) and (4) of this subsection, a member is
entitled to receive creditable service for the total amount of unused sick leave accrued by
the member at the time of retirement.
(3) (i) This paragraph applies to an individual described under item
(1)(iii)1 or 2 of this subsection.
(ii) The creditable service for unused sick leave shall be calculated
for each of the two State systems by multiplying the total amount of unused sick leave,
calculated in accordance with subsection (e) of this section, by a fraction:
1. the numerator of which is the creditable service earned in
the State system, not including the creditable service for unused sick leave; and
2. the denominator of which is the total creditable service
earned in both State systems, not including the creditable service for unused sick leave. WES MOORE, Governor Ch. 136
– 3 –
(4) (i) This paragraph applies to an individual described under item
(1)(iii)3 of this subsection.
(ii) An individual’s retirement benefit from the Employees’ Pension
System or Employees’ Retirement System shall be adjusted to include any credit for unused
sick leave that the individual accrued in the Employees’ Pension System or Employees’
Retirement System prior to becoming a member of the Correctional Officers’ Retirement
System:
1. on or after July 1, 2016, in a position included under §
25–201(a)(7) of this article;
2. on or after July 1, 2017, in a position included under §
25–201(a)(8) or (9) of this article;
3. on or after July 1, 2018, in a position included under §
25–201(a)(10) or (11) of this article; [or]
4. on or after July 1, 2022, in a position included under §
25–201(a)(12) of this article; OR
5. ON OR AFTER JULY 1, 2024, IN A POSITION INCLUDED
UNDER § 25–201(A)(13) OF THIS ARTICLE .
25–201.
(a) Except as provided in subsection (b) of this section, this subtitle applies only
to:
(1) correctional officers serving in any of the first six job classifications;
(2) security attendants at Clifton T. Perkins Hospital Center;
(3) a detention center officer employed by a participating governmental
unit that on or after July 1, 2006, has elected to participate in the Correctional Officers’
Retirement System;
(4) an individual serving as a correctional dietary, maintenance, laundry,
or supply officer;
(5) an individual serving as a Maryland Correctional Enterprises officer,
officer trainee, plant supervisor, plant manager, or regional manager;
(6) a correctional officer serving as a security chief, a facility administrator,
an assistant warden, or a warden who: Ch. 136 2024 LAWS OF MARYLAND
– 4 –
(i) begins employment in that position on or after July 1, 2014; or
(ii) is serving in that position on June 30, 2014, and elects to transfer
to the Correctional Officers’ Retirement System from:
1. the Employees’ Pension System on or before December 31,
2014; or
2. the Employees’ Retirement System on or before December
31, 2015;
(7) an individual serving as a correctional case management specialist,
supervisor, or manager on or after July 1, 2016;
(8) an individual serving as a parole and probation agent, supervisor, or
regional administrator on or after July 1, 2017;
(9) an individual serving as a Department of Public Safety and
Correctional Services employee in one of the following positions on or after July 1, 2017:
(i) an alcohol and drug:
1. associate counselor, counselor lead, counselor provisional,
or counselor supervisor;
2. professional counselor, counselor provisional, or counselor
supervisor; or
3. supervised counselor or counselor provisional;
(ii) a mental health professional counselor, graduate professional
counselor, professional counselor advanced, or professional supervisor;
(iii) a psychologist, psychology associate, or psychology associate
doctorate;
(iv) a social worker, social worker advanced, social worker
supervisor, or social work regional supervisor; or
(v) a recreation officer or supervisor;
(10) an individual serving as a Department of Juvenile Services employee
in one of the following positions on or after July 1, 2018:
WES MOORE, Governor Ch. 136
– 5 –
(i) a community detention officer or community detention
supervisor;
(ii) a youth transportation officer, youth transportation officer lead,
youth transportation officer supervisor, or youth transportation officer trainee;
(iii) a resident advisor, resident advisor lead, resident advisor
supervisor, or resident advisor trainee; or
(iv) a youth recreation specialist;
(11) an individual serving as a Department of Public Safety and
Correctional Services employee in one of the following positions on or after July 1, 2018:
(i) a parole and probation assistant regional administrator;
(ii) a psychology services chief;
(iii) a correctional maintenance officer supervisor;
(iv) a correctional maintenance officer manager;
(v) a correctional maintenance services officer;
(vi) a correctional maintenance services supervisor; or
(vii) a correctional maintenance services manager; [and] OR
(VIII) A CORRECTIONAL MAINT ENANCE REGIONAL MANA GER;
(12) an individual serving as a Department of Juvenile Services employee
in one of the following positions on or after July 1, 2022:
(i) a case management specialist I, II, or III;
(ii) a case management specialist supervisor;
(iii) a case management specialist program supervisor; or
(iv) a group life manager I or II; AND
(13) AN INDIVIDUAL SERVIN G AS A MARYLAND DEPARTMENT OF
HEALTH EMPLOYEE IN ONE OF THE FOLLOW ING POSITIONS ON OR AFTER JULY 1,
2024:
(I) AT ONE OF THE FOLLOW ING FACILITIES: Ch. 136 2024 LAWS OF MARYLAND
– 6 –
1. EASTERN SHORE HOSPITAL CENTER;
2. THOMAS B. FINAN CENTER;
3. POTOMAC CENTER/SECURE EVALUATION AND
THERAPEUTIC TREATMENT PROGRAM;
4. SPRING GROVE HOSPITAL CENTER;
5. SPRINGFIELD HOSPITAL CENTER;
6. REGIONAL INSTITUTE FOR CHILDREN AND
ADOLESCENTS – BALTIMORE; OR
7. JOHN L. GILDNER REGIONAL INSTITUTE FOR
CHILDREN AND ADOLESCENTS ; AND
(II) IN ONE OF THE FOLLOWING POSITIONS :
(I) 1. A CAMH ASSOCIATE – CI;
(II) 2. A DEVELOPMENTAL DISA BILITY ASSOCIATE – CI;
(III) 3. A DIRECT CARE ASSIST ANT – CI;
(IV) 4. A LICENSED PRACTICAL NURSE – CI;
(V) 5. A RESIDENT ASSOCIATE SETT – CI; OR
(VI) 6. A SECURITY ATTENDANT I, II, OR III;
7. A SECURITY ATTENDANT MANAGER I OR II; OR
8. A SECURITY ATTENDANT SUPERVISOR .
(b) This subtitle does not apply to:
(1) an employee of the Baltimore City Jail as of June 30, 1991, who:
(i) became an employee of the Baltimore City Detention Center on
July 1, 1991; and
WES MOORE, Governor Ch. 136
– 7 –
(ii) did not elect to become a member of the Correctional Officers’
Retirement System on that date;
(2) a detention center officer employed by a participating governmental
unit as a local detention center officer on the effective date of participation on or after July
1, 2006, who did not elect to become a member of the Correctional Officers’ Retirement
System within 6 months of the effective date of participation; or
(3) a correctional officer serving as a security chief, a facility administrator,
an assistant warden, or a warden who is in that position on June 30, 2014, and does not
elect to transfer membership to the Correctional Officers’ Retirement System from:
(i) the Employees’ Pension System on or before December 31, 2014;
or
(ii) the Employees’ Retirement System on or before December 31,
2015.
25–401.
(a) A member may retire with a normal service retirement allowance if:
(1) on or before the date of retirement, the member:
(i) has at least 20 years of eligibility service;
(ii) 1. is a correctional case management specialist, supervisor,
or manager on or before June 30, 2016;
2. is vested in the Correctional Officers’ Retirement System;
and
3. has a combined total of at least 20 years of eligibility
service from:
A. the Correctional Officers’ Retirement System and the
Employees’ Retirement System; or
B. the Correctional Officers’ Retirement System and the
Employees’ Pension System;
(iii) 1. is serving in a position specified in:
A. § 25–201(a)(8) or (9) of this title on or before June 30, 2017;
Ch. 136 2024 LAWS OF MARYLAND
– 8 –
B. § 25–201(a)(10) or (11) of this title on or before June 30,
2018; [or]
C. § 25–201(a)(12) of this title on or before June 30, 2022; OR
D. § 25–201(A)(13) OF THIS TITLE ON OR BEFORE JUNE
30, 2024;
2. is vested in the Correctional Officers’ Retirement System;
and
3. has a combined total of at least 20 years of eligibility
service from:
A. the Correctional Officers’ Retirement System and the
Employees’ Retirement System; or
B. the Correctional Officers’ Retirement System and the
Employees’ Pension System; or
(iv) is at least 55 years old and has:
1. at least 5 years of eligibility service credit, if the member
is a member on or before June 30, 2011; or
2. at least 10 years of eligibility service credit, if the member
becomes a member on or after July 1, 2011; and
(2) the member completes and submits a written application to the Board
of Trustees stating the date when the member desires to retire.
(b) (1) Except as provided in paragraph (2) of this subsection, on retirement
under this section, a member is entitled to receive a normal service retirement allowance
that equals one fifty–fifth of the member’s average final compensation multiplied by the
number of years of creditable service.
(2) On retirement under this section, if a member’s annuity is greater than
the member’s normal service retirement allowance calculated under paragraph (1) of this
subsection, the member’s normal service retirement allowance shall equal the member’s
annuity.
(c) (1) This subsection applies only to:
(i) a correctional case management specialist, supervisor, or
manager who has a combined total of 20 years of eligibility service as provided in subsection
(a)(1)(ii) of this section; or WES MOORE, Governor Ch. 136
– 9 –
(ii) a member serving in a position specified in § 25–201(a)(8), (9),
(10), (11), [or] (12), OR (13) of this title who has a combined total of 20 years of eligibility
service as provided in subsection (a)(1)(iii) of this section.
(2) A member is entitled to receive a normal service retirement allowance
that equals an allowance based on the creditable service the member has in the
Correctional Officers’ Retirement System.
SECTION 2. AND BE IT FURTHER ENACTED, That § 37 –203(f)(3) of the State
Personnel and Pensions Article does not apply to an individual who transfers service credit
to the Correctional Officers’ Retirement System under Title 37 of the State Personnel and
Pensions Article in accordance with this Act.
SECTION 3. AND BE IT FURTHER ENACTED, That:
(a) This section applies to an individual who:
(1) is employed in a position affected by this Act on July 1, 2024; and
(2) has creditable service in the Employees’ Pension System before July 1,
2008.
(a) (b) Except as provided in subsections (b) and (c) (c) and (d) of this section, on June
30, 2025, the Board of Trustees for the State Retirement and Pension System shall transfer
the service of an individual described in subsection (a) of this section from the Employees’
Retirement System or Employees’ Pension System to the Correctional Officers’ Retirement
System the service of an individual who was transferred into the Correctional Officers’
Retirement System under this Act.
(b) (c) On or before June 1, 2025, an individual described in subsection (a) of this
section who was transferred into the Correctional Officers’ Retirement System under this
Act may elect not to transfer the individual’s Employees’ Retirement System or Employees’
Pension System service to the Correctional Officers’ Retirement System by submitting to
the Board of Trustees for the State Retirement and Pension System a form provided by the
State Retirement Agency for the purpose of electing not to transfer service under this Act.
(c) (d) If an individual described in subsection (a) of this section who was transferred
into the Correctional Officers’ Retirement System under this Act submits an application for
retirement to retire before June 30, 2025, the Board of Trustees for the State Retirement
and Pension System shall transfer the individual’s service from the Employees’ Retirement
System or the Employees’ Pension System to the Correctional Officers’ Retirement System
prior to the effective date of retirement, unless the individual elects not to transfer the
individual’s service in accordance with subsection (b) (c) of this section.
SECTION 4. AND BE IT FURTHER ENACTED, That: Ch. 136 2024 LAWS OF MARYLAND
– 10 –
(a) This section applies to an individual who:
(1) is employed in a position affected by this Act on July 1, 2024; and
(2) has no creditable service in the Employees’ Pension System before July
1, 2008.
(b) An individual described in subsection (a) of this section shall have the
individual’s service credit from the Employees’ Pension System transferred and combined
with the individual’s service in the Correctional Officers’ Retirement System.
SECTION 4. 5. AND BE IT FURTHER ENACTED, That:
(a) This section applies to an individual who has service from the Employees’
Retirement System or Employees’ Pension System transferred into the Correctional
Officers’ Retirement System under this Act.
(b) If an individual described under subsection (a) of this section is granted an
ordinary disability benefit under Title 29, Subtitle 1 of the State Personnel and Pensions
Article, the Board of Trustees for the State Retirement and Pension System shall calculate
the ordinary disability benefit under §§ 29–106 and 29–108 of the State Personnel and
Pensions Article and grant the greater benefit to the individual.
SECTION 5. 6. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2024. Section 3 of this Act shall remain effective for a period of 1 year and, at the
end of June 30, 2025, Section 3 of this Act, with no further action required by the General
Assembly, shall be abrogated and of no further force and effect.
Approved by the Governor, April 25, 2024.