Maryland 2025 Regular Session

Maryland House Bill HB1028 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 Underlining indicates amendments to bill.
66 Strike out indicates matter stricken from the bill by amendment or deleted from the law by
77 amendment.
8- Italics indicate opposite chamber/conference committee amendments.
98 *hb1028*
109
1110 HOUSE BILL 1028
12-P6 (5lr2376)
13-ENROLLED BILL
14-— Appropriations/Budget and Taxation —
15-Introduced by Delegate Forbes (Chair, Joint Committee on Pensions)
16-
17-Read and Examined by Proofreaders:
18-
19-_______________________________________________
20-Proofreader.
21-_______________________________________________
22-Proofreader.
23-
24-Sealed with the Great Seal and presented to the Governor, for his approval this
25-
26-_______ day of _______________ at ________________________ o’clock, ________M.
27-
28-______________________________________________
29-Speaker.
11+P6 5lr2376
12+ CF SB 810
13+By: Delegate Forbes (Chair, Joint Committee on Pensions)
14+Introduced and read first time: February 3, 2025
15+Assigned to: Appropriations
16+Committee Report: Favorable
17+House action: Adopted
18+Read second time: March 4, 2025
3019
3120 CHAPTER ______
3221
3322 AN ACT concerning 1
3423
3524 Board of Trustees for the State Retirement and Pension System – Investment 2
3625 Division – Compensation and Staffing Committee 3
3726
38-FOR the purpose of clarifying that the Board of Trustees for the State Retirement and 4
39-Pension System shall pay certain incentive compensation to the Chief Investment 5
40-Officer for the State Retirement and Pension System if the Chief Investment Officer 6
41-retires from the Investment Division of the State Retirement Agency in a certain 7
42-manner; clarifying that the Board of Trustees shall pa y certain incentive 8
43-compensation to certain employees of the Investment Division if the employees retire 9
44-from the Investment Division in a certain manner; repealing the Objective Criteria 10
45-Committee of the Board of Trustees for the State Retirement and Pension System 11
46-and establishing a Compensation and Staffing Committee of the Board of Trustees; 12
47-providing for the membership of the Committee; clarifying the Board of Trustees’ 13
48-authority to determine the qualifications and compensation of and the type and 14
49-number of positions necessary for carrying out the professional investment functions 15 2 HOUSE BILL 1028
27+FOR the purpose of repealing the Objective Criteria Committee of the Board of Trustees 4
28+for the State Retirement and Pension System and establishing a Compensation and 5
29+Staffing Committee of the Board of Trustees; providing for the membership of the 6
30+Committee; clarifying the Board of Trustees’ authority to determine the 7
31+qualifications and compensation of and the type and number of positions necessary 8
32+for carrying out the professional investment functions of the Investment Division of 9
33+the State Retirement Agency; requiring the Committee to make certain 10
34+recommendations to the Board of Trustees regarding the objective criteria to be used 11
35+in setting compensation and awarding financial incentives to certain employees in 12
36+the Investment Division; requiring the Board of Trustees to consider certain 13
37+recommendations of the Committee; clarifying the requirements for the Board of 14
38+Trustees to enter into an agreement with a consultant to provide certain services to 15
39+the Committee; and generally relating to the operations of the Board of Trustees for 16
40+the State Retirement and Pension System. 17
41+
42+BY repealing and reenacting, with amendments, 18
43+ Article – State Personnel and Pensions 19
44+Section 21–108(b), 21–118.1(a), (b), and (d)(1)(i), and 21–122(f) and (g) 20
45+ Annotated Code of Maryland 21
46+ (2024 Replacement Volume and 2024 Supplement) 22
47+
48+BY repealing and reenacting, without amendments, 23 2 HOUSE BILL 1028
5049
5150
52-of the Investment Division of the State Retirement Agency; requiring the Committee 1
53-to make certain recommendations to the Board of Trustees regarding the objective 2
54-criteria to be used in setting compensation and awarding financial incentives to 3
55-certain employees in the Investment Division; requiring the Board of Trustees to 4
56-consider certain recommendations of the Committee; clarifying the requirements for 5
57-the Board of Trustees to enter into an agreement with a consultant to provide certain 6
58-services to the Committee; and generally relating to the operations of the Board of 7
59-Trustees for the State Retirement and Pension System. 8
51+ Article – State Personnel and Pensions 1
52+Section 21–122(a)(1) through (3) 2
53+ Annotated Code of Maryland 3
54+ (2024 Replacement Volume and 2024 Supplement) 4
6055
61-BY repealing and reenacting, with amendments, 9
62- Article – State Personnel and Pensions 10
63-Section 21–108(b), 21–118.1(a), (b), (c), and (d)(1)(i), and 21–122(f) and (g) 11
64- Annotated Code of Maryland 12
65- (2024 Replacement Volume and 2024 Supplement) 13
56+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
57+That the Laws of Maryland read as follows: 6
6658
67-BY repealing and reenacting, without amendments, 14
68- Article – State Personnel and Pensions 15
69-Section 21–122(a)(1) through (3) 16
70- Annotated Code of Maryland 17
71- (2024 Replacement Volume and 2024 Supplement) 18
59+Article – State Personnel and Pensions 7
7260
73- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
74-That the Laws of Maryland read as follows: 20
61+21–108. 8
7562
76-Article – State Personnel and Pensions 21
63+ (b) In addition to the Investment Committee established under § 21–114 of this 9
64+subtitle AND THE COMPENSATION AND STAFFING COMMITTEE ESTABLISHED UNDER 10
65+§ 21–122 OF THIS SUBTITLE , the Board of Trustees may establish other committees. 11
7766
78-21–108. 22
67+21–118.1. 12
7968
80- (b) In addition to the Investment Committee established under § 21–114 of this 23
81-subtitle AND THE COMPENSATION AND STAFFING COMMITTEE ESTABLISHED UNDER 24
82-§ 21–122 OF THIS SUBTITLE , the Board of Trustees may establish other committees. 25
69+ (a) Notwithstanding any other provision of law, on the recommendation of the 13
70+Executive Director and the [Investment] COMPENSATION AND STAFFING Committee, 14
71+the Board of Trustees shall determine the qualifications and appointment, as well as 15
72+compensation and leave, for the Chief Investment Officer who shall be the head of the 16
73+Investment Division. 17
8374
84-21–118.1. 26
75+ (b) (1) In making determinations and appointments under this section, the 18
76+Executive Director and the [Investment] COMPENSATION AND STAFFING Committee 19
77+shall consider the comparative qualifications, compensation, and leave of employees 20
78+serving in similar positions and discharging similar duties at comparable public pension 21
79+funds. 22
8580
86- (a) (1) Notwithstanding any other provision of law, on the recommendation of 27
87-the Executive Director and the [Investment] COMPENSATION AND STAFFING 28
88-Committee, the Board of Trustees shall determine the qualifications and appointment, as 29
89-well as compensation and leave, for the Chief Investment Officer who shall be the head of 30
90-the Investment Division. 31
81+ (2) (i) 1. The Board of Trustees shall adopt objective criteria for 23
82+setting the qualifications and compensation of the Chief Investment Officer. 24
9183
92- (2) THE COMPENSATION AND STAFFING COMMITTEE SHALL ASSIST 32
93-THE EXECUTIVE DIRECTOR AND THE INVESTMENT COMMITTEE IN RECOMMEN DING 33
94-QUALIFICATIONS , COMPENSATION , AND LEAVE FOR THE CHIEF INVESTMENT 34
95-OFFICER, INCLUDING ANY SALARY CHANGES FOR THE CHIEF INVESTMENT OFFICER. 35
96- HOUSE BILL 1028 3
84+ 2. The Board shall consider the recommendations of the 25
85+[Objective Criteria] COMPENSATION AND STAFFING Committee under § 21–122(g) of 26
86+this subtitle before adopting objective criteria for setting compensation. 27
87+
88+ (ii) The criteria adopted under subparagraph (i) of this paragraph 28
89+shall include objective benchmarks of investment performance that shall be met or 29
90+exceeded for the Chief Investment Officer to be eligible for an increase in compensation. 30
91+
92+ (iii) The Board may not grant any increases in compensation to the 31
93+Chief Investment Officer in a fiscal year in which State employees are subject to a furlough. 32
94+
95+ (iv) The Chief Investment Officer’s compensation may not be 33
96+adjusted in accordance with cost–of–living adjustments and merit increases available to 34
97+State employees. 35 HOUSE BILL 1028 3
9798
9899
99- (b) (1) In making RECOMMENDATIONS , determinations, and appointments 1
100-under this section, the Executive Director and the [Investment] BOARD OF TRUSTEES, 2
101-EXECUTIVE DIRECTOR, INVESTMENT COMMITTEE, AND COMPENSATION AND 3
102-STAFFING Committee shall consider the comparative qualifications, compensation, and 4
103-leave of employees serving in similar positions and discharging similar duties at 5
104-comparable public pension funds. 6
105100
106- (2) (i) 1. The Board of Trustees shall adopt objective criteria for 7
107-setting the qualifications and compensation of the Chief Investment Officer. 8
101+ (d) (1) (i) 1. On the recommendation of the [Investment] 1
102+COMPENSATION AND STAFFING Committee, the Board of Trustees shall establish 2
103+objective criteria for awarding financial incentives to the Chief Investment Officer. 3
108104
109- 2. The Board shall consider the recommendations of the 9
110-[Objective Criteria] COMPENSATION AND STAFFING Committee under § 21–122(g) of 10
111-this subtitle before adopting objective criteria for setting compensation. 11
105+ 2. The Board shall consider the recommendations of the 4
106+[Objective Criteria] COMPENSATION AND STAFFING Committee under § 21–122(g) of 5
107+this subtitle before adopting objective criteria for awarding financial incentives. 6
112108
113- (ii) The criteria adopted under subparagraph (i) of this paragraph 12
114-shall include objective benchmarks of investment performance that shall be met or 13
115-exceeded for the Chief Investment Officer to be eligible for an increase in compensation. 14
109+21–122. 7
116110
117- (iii) The Board may not grant any increases in compensation to the 15
118-Chief Investment Officer in a fiscal year in which State employees are subject to a furlough. 16
111+ (a) (1) There is an Investment Division in the State Retirement Agency. 8
119112
120- (iv) The Chief Investment Officer’s compensation may not be 17
121-adjusted in accordance with cost–of–living adjustments and merit increases available to 18
122-State employees. 19
113+ (2) Subject to subsection (f) of this section, the Board of Trustees shall 9
114+determine the qualifications and compensation for positions within the Investment 10
115+Division. 11
123116
124- (c) (1) In addition to the Board of Trustees setting the compensation of the Chief 20
125-Investment Officer under subsection (a) of this section, the Board of Trustees may also award 21
126-financial incentives to the Chief Investment Officer in accordance with this subsection and 22
127-subsection (d) of this section. 23
117+ (3) The Board of Trustees: 12
128118
129- (2) (i) Any financial incentives paid shall be paid over multiple fiscal 24
130-years in equal installments. 25
119+ (i) may determine and create the type and number of positions 13
120+necessary for carrying out the professional investment functions of the Investment 14
121+Division; and 15
131122
132- (ii) The dates on which financial incentives awarded under this 26
133-section shall be paid shall be set by the Board of Trustees at the time the financial incentives 27
134-are determined. 28
123+ (ii) shall adopt objective criteria to be followed when exercising its 16
124+authority under item (i) of this paragraph and paragraph (2) of this subsection. 17
135125
136- (iii) The dates set under subparagraph (ii) of this paragraph may not 29
137-be changed after being set. 30
126+ (f) (1) (i) 1. The Board of Trustees shall adopt objective criteria for 18
127+setting the qualifications and compensation of positions under subsection (a) of this section. 19
138128
139- (3) (i) Except as provided in subparagraph (ii) of this paragraph, if the 31
140-Chief Investment Officer separates from employment, the Board of Trustees may not pay out 32
141-any remaining financial incentives due to be paid after the date of separation from 33
142-employment. 34
129+ 2. The Board shall consider the recommendations of the 20
130+[Objective Criteria] COMPENSATION AND STAFFING Committee under subsection (g) of 21
131+this section before adopting objective criteria for setting compensation. 22
132+
133+ (ii) The criteria adopted under subparagraph (i) of this paragraph 23
134+shall include: 24
135+
136+ 1. consideration of the comparative qualifications and 25
137+compensation of employees serving in similar positions and discharging similar duties at 26
138+comparable public pension funds; 27
139+
140+ 2. limitations on the amount by which the compensation for 28
141+a position may be increased each fiscal year, not to exceed 10%; and 29
142+
143+ 3. objective benchmarks of investment performance that 30
144+shall be met or exceeded by an individual to be eligible for an increase in compensation. 31
143145 4 HOUSE BILL 1028
144146
145147
146- (ii) The Board of Trustees may pa y any remaining [earned] 1
147-AWARDED financial incentives after the date of separation from employment if the Chief 2
148-Investment Officer retires directly from the Investment Division on or within 30 days after 3
149-the date of separation from employment. 4
148+ (iii) The Board of Trustees may not grant any increases in 1
149+compensation in a fiscal year in which State employees are subject to a furlough. 2
150150
151- (4) (i) The Board of Trustees may not pay financial incentives in a fiscal 5
152-year in which State employees are subject to a furlough. 6
151+ (iv) For positions that do not involve discretion over 3
152+investment–related decisions, the Board of Trustees may not set compensation that exceeds 4
153+compensation for providing comparable services in other State employment. 5
153154
154- (ii) [The] EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF THIS 7
155-PARAGRAPH , THE Board of Trustees shall pay out any financial incentives not paid in 8
156-accordance with subparagraph (i) of this paragraph only: 9
155+ (v) Except for positions under subparagraph (iv) of this paragraph, 6
156+the compensation of an employee may not be adjusted in accordance with cost–of–living 7
157+adjustments and merit increases available to State employees. 8
157158
158- 1. after the furlough period has ended; and 10
159+ (VI) BASED ON THE RECOMMEN DATIONS OF THE 9
160+COMPENSATION AND STAFFING COMMITTEE UNDER SUBSE CTION (G) OF THIS 10
161+SECTION, THE BOARD OF TRUSTEES SHALL APPROV E: 11
159162
160- 2. if the Chief Investment Officer is currently employed as the 11
161-Chief Investment Officer. 12
163+ 1. THE TYPE AND NUMBER OF POSITIONS IN THE 12
164+INVESTMENT DIVISION; 13
162165
163- (III) AFTER A FURLOUGH PERI OD HAS ENDED, THE BOARD OF 13
164-TRUSTEES SHALL PAY OU T ANY REMAINING AWAR DED FINANCIAL INCENT IVES NOT 14
165-PAID TO THE CHIEF INVESTMENT OFFICER IN ACCORDANCE WITH SUBPARAGRAPH 15
166-(I) OF THIS PARAGRAPH IF : 16
166+ 2. THE QUALIFICATIONS F OR EACH POSI TION IN THE 14
167+INVESTMENT DIVISION, AS APPROVED UNDER IT EM 1 OF THIS SUBPARAGRAPH ; AND 15
167168
168- 1. THE CHIEF INVESTMENT OFFICER SEPARATES FRO M 17
169-EMPLOYMENT WITH THE INVESTMENT DIVISION DURING THE F URLOUGH PERIOD ; 18
170-AND 19
169+ 3. ANY COMPENSATION AND FINANCIAL INCENTIVES 16
170+FOR THE CHIEF INVESTMENT OFFICER AND INVESTMENT DIVISION STAFF, 17
171+INCLUDING SALARY INC REASES OR DECREASES RECOMMENDED FOR TH E CHIEF 18
172+INVESTMENT OFFICER AND EMPLOYEES OF THE INVESTMENT DIVISION. 19
171173
172- 2. AFTER THE DATE OF SE PARATION FROM 20
173-EMPLOYMENT , THE CHIEF INVESTMENT OFFICER RETIRES DIREC TLY FROM THE 21
174-INVESTMENT DIVISION OR WITHIN 30 DAYS AFTER THE DATE OF SEPARATION FROM 22
175-EMPLOYMENT . 23
174+ (2) (i) 1. The Board of Trustees shall adopt objective criteria for 20
175+awarding financial incentives under subsection (a) of this section. 21
176176
177- (d) (1) (i) 1. On the recommendation of the [Investment] 24
178-COMPENSATION AND STAFFING Committee, the Board of Trustees shall establish 25
179-objective criteria for awarding financial incentives to the Chief Investment Officer. 26
177+ 2. The Board shall consider the recommendations of the 22
178+[Objective Criteria] COMPENSATION AND STAFFING Committee under subsection (g) of 23
179+this section before adopting objective criteria for awarding financial incentives. 24
180180
181- 2. The Board shall consider the recommendations of the 27
182-[Objective Criteria] COMPENSATION AND STAFFING Committee under § 21–122(g) of 28
183-this subtitle before adopting objective criteria for awarding financial incentives. 29
181+ (ii) Financial incentives may only be awarded based on the objective 25
182+criteria adopted in accordance with subparagraph (i) of this paragraph. 26
184183
185-21–122. 30
184+ (iii) The criteria adopted under subparagraph (i) of this paragraph 27
185+shall include: 28
186186
187- (a) (1) There is an Investment Division in the State Retirement Agency. 31
188- HOUSE BILL 1028 5
187+ 1. limitations on the amount of financial incentives for a 29
188+position in a fiscal year, not to exceed 33% of a position’s compensation, exclusive of 30
189+financial incentives; and 31
190+
191+ 2. objective benchmarks of investment performance that 32
192+shall be met or exceeded by an individual to be eligible for financial incentives, including 33 HOUSE BILL 1028 5
189193
190194
191- (2) Subject to subsection (f) of this section, the Board of Trustees shall 1
192-determine the qualifications and compensation for positions within the Investment 2
193-Division. 3
195+benchmarks for the asset class in which investments are under the direction of the 1
196+individual. 2
194197
195- (3) The Board of Trustees: 4
198+ (iv) 1. Any financial incentives paid shall be paid over multiple 3
199+fiscal years in equal installments. 4
196200
197- (i) may determine and create the type and number of positions 5
198-necessary for carrying out the professional investment functions of the Investment 6
199-Division; and 7
201+ 2. The dates on which financial incentives awarded under 5
202+this section shall be paid shall be set by the Board of Trustees at the time the financial 6
203+incentives are determined. 7
200204
201- (ii) shall adopt objective criteria to be followed when exercising its 8
202-authority under item (i) of this paragraph and paragraph (2) of this subsection. 9
205+ 3. The dates set under subsubparagraph 2 of this 8
206+subparagraph may not be changed after being set. 9
203207
204- (f) (1) (i) 1. The Board of Trustees shall adopt objective criteria for 10
205-setting the qualifications and compensation of positions under subsection (a) of this section. 11
208+ (v) Except as provided in subparagraph (vi) of this paragraph, if an 10
209+individual who has earned financial incentives separates from employment in the 11
210+Investment Division, the Board of Trustees may not pay out any remaining financial 12
211+incentives due to be paid after the date of separation from employment. 13
206212
207- 2. The Board shall consider the recommendations of the 12
208-[Objective Criteria] COMPENSATION AND STAFFING Committee under subsection (g) of 13
209-this section before adopting objective criteria for setting compensation. 14
213+ (vi) The Board of Trustees may pay any remaining earned financial 14
214+incentives after the date of separation from employment if the individual retires directly 15
215+from the Investment Division on or 30 days after the date of separation. 16
210216
211- (ii) The criteria adopted under subparagraph (i) of this paragraph 15
212-shall include: 16
217+ (vii) The Board of Trustees may not award financial incentives for 17
218+positions that do not involve discretion over investment–related decisions. 18
213219
214- 1. consideration of the comparative qualifications and 17
215-compensation of employees serving in similar positions and discharging similar duties at 18
216-comparable public pension funds; 19
220+ (viii) 1. The Board of Trustees may not pay out financial 19
221+incentives in a fiscal year in which State employees are subject to a furlough. 20
217222
218- 2. limitations on the amount by which the compensation for 20
219-a position may be increased each fiscal year, not to exceed 10%; and 21
223+ 2. The Board of Trustees shall pay out any financial 21
224+incentives not paid to an individual in accordance with subsubparagraph 1 of this 22
225+subparagraph only: 23
220226
221- 3. objective benchmarks of investment performance that 22
222-shall be met or exceeded by an individual to be eligible for an increase in compensation. 23
227+ A. after the furlough period has ended; and 24
223228
224- (iii) The Board of Trustees may not grant any increases in 24
225-compensation in a fiscal year in which State employees are subject to a furlough. 25
229+ B. if the individual is currently employed in the Investment 25
230+Division. 26
226231
227- (iv) For positions that do not involve discretion over 26
228-investment–related decisions, the Board of Trustees may not set compensation that exceeds 27
229-compensation for providing comparable services in other State employment. 28
232+ (3) (i) On or before October 1 each year, the Board of Trustees shall 27
233+submit to the Senate Budget and Taxation Committee, the House Appropriations 28
234+Committee, and the Joint Committee on Pensions, in accordance with § 2–1257 of the State 29
235+Government Article, a copy of the most recent criteria adopted under this subsection, 30
236+INCLUDING ANY CHANGE S TO COMPENSATION AN D INCENTIVES FOR THE CHIEF 31
237+INVESTMENT OFFICER AND INVESTMENT DIVISION STAFF. 32
230238
231- (v) Except for positions under subparagraph (iv) of this paragraph, 29
232-the compensation of an employee may not be adjusted in accordance with cost–of–living 30
233-adjustments and merit increases available to State employees. 31
234- 6 HOUSE BILL 1028
239+ (ii) In addition to the report required under subparagraph (i) of this 33
240+paragraph, the Board of Trustees shall submit, within 30 days of adoption by the Board of 34
241+Trustees, a copy of any changes adopted to the criteria established under this subsection to 35 6 HOUSE BILL 1028
235242
236243
237- (VI) BASED ON THE RECOMMEN DATIONS OF THE 1
238-COMPENSATION AND STAFFING COMMITTEE UNDER SUBSE CTION (G) OF THIS 2
239-SECTION, THE BOARD OF TRUSTEES SHALL APPROV E: 3
244+the Senate Budget and Taxation Committee, the House Appropriations Committee, and the 1
245+Joint Committee on Pensions, in accordance with § 2–1257 of the State Government Article. 2
240246
241- 1. THE TYPE AND NUMBER OF POSITIONS IN THE 4
242-INVESTMENT DIVISION; 5
247+ (4) On or before October 1, January 1, March 1, and July 1 each year, the 3
248+Board of Trustees shall submit to the Senate Budget and Taxation Committee, the House 4
249+Appropriations Committee, and the Joint Committee on Pensions, in accordance with § 5
250+2–1257 of the State Government Article, a report on system investment returns for the 6
251+preceding fiscal quarter, including: 7
243252
244- 2. THE QUALIFICATIONS F OR EACH POSITION IN THE 6
245-INVESTMENT DIVISION, AS APPROVED UNDER IT EM 1 OF THIS SUBPARAGRAPH ; AND 7
253+ (i) investment performance by asset class, including performance 8
254+relative to asset class benchmarks; and 9
246255
247- 3. ANY COMPENSATION AND FINANCIAL INCENTIVES 8
248-FOR THE CHIEF INVESTMENT OFFICER AND INVESTMENT DIVISION STAFF, 9
249-INCLUDING SALARY INC REASES OR DECREASES RECOMMENDED FOR THE CHIEF 10
250-INVESTMENT OFFICER AND EMPLOYEES OF THE INVESTMENT DIVISION; AND 11
256+ (ii) investment performance of assets under the direction of each 10
257+Investment Division employee. 11
251258
252- 4. IN ACCORDANCE WITH § 21–118.1 OF THIS SUBTITLE , 12
253-ANY COMPENSATION AND FINANCIAL INCENTIVES FOR THE CHIEF INVESTMENT 13
254-OFFICER, INCLUDING SALARY INC REASES OR DECREASES RECOMMENDED FOR THE 14
255-CHIEF INVESTMENT OFFICER. 15
259+ (g) (1) There is [an Objective Criteria] A COMPENSATION AND STAFFING 12
260+Committee of the Board of Trustees. 13
256261
257- (2) (i) 1. The Board of Trustees shall adopt objective criteria for 16
258-awarding financial incentives under subsection (a) of this section. 17
262+ (2) (I) The [Committee consists of the] following members SHALL BE 14
263+INCLUDED ON THE COMMITTEE: 15
259264
260- 2. The Board shall consider the recommendations of the 18
261-[Objective Criteria] COMPENSATION AND STAFFING Committee under subsection (g) of 19
262-this section before adopting objective criteria for awarding financial incentives. 20
265+ [(i) one member of the Senate of Maryland serving on the Joint 16
266+Committee on Pensions, appointed by the President of the Senate; 17
263267
264- (ii) Financial incentives may only be awarded based on the objective 21
265-criteria adopted in accordance with subparagraph (i) of this paragraph. 22
268+ (ii) one member of the House of Delegates serving on the Joint 18
269+Committee on Pensions, appointed by the Speaker of the House; 19
266270
267- (iii) The criteria adopted under subparagraph (i) of this paragraph 23
268-shall include: 24
271+ (iii) the State Treasurer or the State Treasurer’s designee; 20
269272
270- 1. limitations on the amount of financial incentives for a 25
271-position in a fiscal year, not to exceed 33% of a position’s compensation, exclusive of 26
272-financial incentives; and 27
273+ (iv)] 1. the Secretary of Budget and Management or the 21
274+Secretary’s designee; 22
273275
274- 2. objective benchmarks of investment performance that 28
275-shall be met or exceeded by an individual to be eligible for financial incentives, including 29
276-benchmarks for the asset class in which investments are under the direction of the 30
277-individual. 31
276+ [(v)] 2. one [member] OR MORE MEMBERS of the Board of 23
277+Trustees under § 21–104(a)(4)(i), (ii), (iii), (iv), or (v) of this subtitle, appointed by the 24
278+Chairman of the Board of Trustees; AND 25
278279
279- (iv) 1. Any financial incentives paid shall be paid over multiple 32
280-fiscal years in equal installments. 33
280+ [(vi)] 3. one [member] OR MORE MEMBERS of the Board of 26
281+Trustees under § 21–104(a)(4)(viii) of this subtitle, appointed by the Chairman of the Board 27
282+of Trustees[; and 28
283+
284+ (vii) a member of the public with financial industry experience, 29
285+appointed jointly by the presiding officers of the General Assembly]. 30
286+
287+ (II) THE FOLLOWING MEMBERS MAY BE APPOINTED TO THE 31
288+COMMITTEE BY THE CHAIRMAN OF THE BOARD OF TRUSTEES: 32
281289 HOUSE BILL 1028 7
282290
283291
284- 2. The dates on which financial incentives awarded under 1
285-this section shall be paid shall be set by the Board of Trustees at the time the financial 2
286-incentives are determined. 3
292+ 1. THE STATE TREASURER, OR THE STATE 1
293+TREASURER’S DESIGNEE; AND 2
287294
288- 3. The dates set under subsubparagraph 2 of this 4
289-subparagraph may not be changed after being set. 5
295+ 2. THE COMPTROLLER , OR THE COMPTROLLER ’S 3
296+DESIGNEE. 4
290297
291- (v) Except as provided in subparagraph (vi) of this paragraph, if an 6
292-individual who has earned BEEN AWARDED financial incentives separates from 7
293-employment in the Investment Division, the Board of Trustees may not pay out any 8
294-remaining financial incentives due to be paid after the date of separation from employment. 9
298+ (3) (i) The Chairman of the Board of Trustees shall appoint the Chair 5
299+of the Committee. 6
295300
296- (vi) The Board of Trustees may pay any remaining earned AWARDED 10
297-financial incentives after the date of separation from employment if the individual retires 11
298-directly from the Investment Division on or 30 days after the date of separation. 12
301+ (ii) The Chairman of the Board of Trustees may not serve as the 7
302+Chair of the Committee. 8
299303
300- (vii) The Board of Trustees may not award financial incentives for 13
301-positions that do not involve discretion over investment–related decisions. 14
304+ (4) [On or before December 31, 2018, and at least once every 5 years 9
305+thereafter, the] THE Committee shall make recommendations to the Board of Trustees 10
306+regarding: 11
302307
303- (viii) 1. The Board of Trustees may not pay out financial 15
304-incentives in a fiscal year in which State employees are subject to a furlough. 16
308+ (i) objective criteria under § 21–118.1(b)(2) and (d) of this subtitle 12
309+for the compensation and financial incentives for the Chief Investment Officer; and 13
305310
306- 2. The EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 3 17
307-OF THIS SUBPARAGRAPH , THE Board of Trustees shall pay out any financial incentives 18
308-not paid to an individual in accordance with subsubparagraph 1 of this subparagraph only: 19
311+ (ii) objective criteria under subsections (a) and (f) of this section for 14
312+the compensation and financial incentives for the positions in the Investment Division. 15
309313
310- A. after the furlough period has ended; and 20
314+ (5) (i) The Board of Trustees shall enter into an agreement with a 16
315+consultant to assist the Committee AND THE BOARD regarding objective criteria under 17
316+this subsection AND THE BOARD’S RESPONSIBILITIES F OR COMPENSATION AND 18
317+STAFFING. 19
311318
312- B. if the individual is currently employed in the Investment 21
313-Division. 22
319+ (ii) The Board of Trustees may not enter into an agreement with a 20
320+consultant under subparagraph (i) of this paragraph if that consultant is actively providing 21
321+consulting services for the Board of Trustees [and] OR the staff of the Investment Division. 22
314322
315- 3. AFTER A FURLOUGH PERI OD HAS ENDED , THE BOARD 23
316-OF TRUSTEES SHALL PAY OUT ANY REMAININ G AWARDED FINANCIAL INCENTIVES 24
317-NOT PAID TO AN INDIV IDUAL IN ACCORDANCE WITH SUBSUBPARAGRAPH 1 OF THIS 25
318-SUBPARAGRAPH IF : 26
323+ (III) THE CHIEF INVESTMENT OFFICER MAY NOT SEPAR ATELY 23
324+RETAIN THE CONSULTAN T HIRED UND ER SUBPARAGRAPH (I) OF THIS PARAGRAPH 24
325+FOR ANY SERVICES . 25
319326
320- A. THE INDIVIDUAL SEPAR ATES FROM EMPLOYMENT 27
321-WITH THE INVESTMENT DIVISION DURING THE F URLOUGH PERIOD ; AND 28
327+ (6) (i) The [Chief Investment Officer] EXECUTIVE DIRECTOR shall 26
328+serve in an advisory capacity to the Committee REGARDING COMPENSATI ON AND 27
329+INCENTIVE COMPENSATI ON FOR THE CHIEF INVESTMENT OFFICER AND 28
330+INVESTMENT DIVISION STAFF. 29
322331
323- B. AFTER THE DATE OF SE PARATION FROM 29
324-EMPLOYMENT , THE INDIVIDUAL RETIR ES DIRECTLY FROM THE INVESTMENT 30
325-DIVISION OR WITHIN 30 DAYS AFTER THE DATE OF SEPARATION FROM E MPLOYMENT . 31
326-
327- (3) (i) On or before October 1 each year, the Board of Trustees shall 32
328-submit to the Senate Budget and Taxation Committee, the House Appropriations 33
329-Committee, and the Joint Committee on Pensions, in accordance with § 2–1257 of the State 34 8 HOUSE BILL 1028
332+ (ii) The Chief Investment Officer may not participate in any 30
333+deliberations regarding the criteria for compensation and financial incentives for the Chief 31
334+Investment Officer OR INVESTMENT DIVISION STAFF. 32
335+ 8 HOUSE BILL 1028
330336
331337
332-Government Article, a copy of the most recent criteria adopted under this subsection, 1
333-INCLUDING ANY CHANGE S TO COMPENSATION AN D INCENTIVES FOR THE CHIEF 2
334-INVESTMENT OFFICER AND INVESTMENT DIVISION STAFF. 3
338+ (III) THE CHIEF INVESTMENT OFFICER SHALL SERVE I N AN 1
339+ADVISORY CAPACITY RE GARDING THE TYPE OF , NUMBER OF, AND QUALIFICATIONS 2
340+FOR POSITIONS IN THE INVESTMENT DIVISION. 3
335341
336- (ii) In addition to the report required under subparagraph (i) of this 4
337-paragraph, the Board of Trustees shall submit, within 30 days of adoption by the Board of 5
338-Trustees, a copy of any changes adopted to the criteria established under this subsection to 6
339-the Senate Budget and Taxation Committee, the House Appropriations Committee, and the 7
340-Joint Committee on Pensions, in accordance with § 2–1257 of the State Government Article. 8
341-
342- (4) On or before October 1, January 1, March 1, and July 1 each year, the 9
343-Board of Trustees shall submit to the Senate Budget and Taxation Committee, the House 10
344-Appropriations Committee, and the Joint Committee on Pensions, in accordance with § 11
345-2–1257 of the State Government Article, a report on system investment returns for the 12
346-preceding fiscal quarter, including: 13
347-
348- (i) investment performance by asset class, including performance 14
349-relative to asset class benchmarks; and 15
350-
351- (ii) investment performance of assets under the direction of each 16
352-Investment Division employee. 17
353-
354- (g) (1) There is [an Objective Criteria] A COMPENSATION AND STAFFING 18
355-Committee of the Board of Trustees. 19
356-
357- (2) (I) The [Committee consists of the] following members SHALL BE 20
358-INCLUDED ON THE COMMITTEE: 21
359-
360- [(i) one member of the Senate of Maryland serving on the Joint 22
361-Committee on Pensions, appointed by the President of the Senate; 23
362-
363- (ii) one member of the House of Delegates serving on the Joint 24
364-Committee on Pensions, appointed by the Speaker of the House; 25
365-
366- (iii) the State Treasurer or the State Treasurer’s designee; 26
367-
368- (iv)] 1. the Secretary of Budget and Management or the 27
369-Secretary’s designee; 28
370-
371- [(v)] 2. one [member] OR MORE MEMBERS of the Board of 29
372-Trustees under § 21–104(a)(4)(i), (ii), (iii), (iv), or (v) of this subtitle, appointed by the 30
373-Chairman of the Board of Trustees; AND 31
374-
375- 3. ONE OR MORE MEMBERS OF THE BOARD OF TRUSTEES 32
376-UNDER § 21–104(A)(4)(VI) OR (VII) OF THIS SUBTITLE , APPOINTED BY THE 33
377-CHAIRMAN OF THE BOARD OF TRUSTEES; AND 34 HOUSE BILL 1028 9
378-
379-
380-
381- [(vi)] 3. 4. one [member] OR MORE MEMBERS of the Board of 1
382-Trustees under § 21–104(a)(4)(viii) of this subtitle, appointed by the Chairman of the Board 2
383-of Trustees[; and 3
384-
385- (vii) a member of the public with financial industry experience, 4
386-appointed jointly by the presiding officers of the General Assembly]. 5
387-
388- (II) THE FOLLOWING MEMBERS MAY BE APPOINTED TO THE 6
389-COMMITTEE BY THE CHAIRMAN OF THE BOARD OF TRUSTEES: 7
390-
391- 1. THE STATE TREASURER, OR THE STATE 8
392-TREASURER’S DESIGNEE; AND 9
393-
394- 2. THE COMPTROLLER , OR THE COMPTROLLER ’S 10
395-DESIGNEE. 11
396-
397- (3) (i) The Chairman of the Board of Trustees shall appoint the Chair 12
398-of the Committee. 13
399-
400- (ii) The Chairman of the Board of Trustees may not serve as the 14
401-Chair of the Committee. 15
402-
403- (4) [On or before December 31, 2018, and at least once every 5 years 16
404-thereafter, the] THE Committee shall make recommendations to the Board of Trustees 17
405-regarding: 18
406-
407- (i) objective criteria under § 21–118.1(b)(2) and (d) of this subtitle 19
408-for the compensation and financial incentives for the Chief Investment Officer; and 20
409-
410- (ii) objective criteria under subsections (a) and (f) of this section for 21
411-the compensation and financial incentives for the positions in the Investment Division. 22
412-
413- (5) (i) The Board of Trustees shall enter into an agreement with a 23
414-consultant to assist the Committee AND THE BOARD regarding objective criteria under 24
415-this subsection AND THE BOARD’S RESPONSIBILITIES F OR COMPENSATION AND 25
416-STAFFING. 26
417-
418- (ii) 1. The EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 2 27
419-OF THIS SUBPARAGRAPH , THE Board of Trustees may not enter into an agreement with 28
420-a consultant under subparagraph (i) of this paragraph if that consultant is actively 29
421-providing consulting services for the Board of Trustees [and] OR the staff of the Investment 30
422-Division. 31
423- 10 HOUSE BILL 1028
424-
425-
426- 2. THE BOARD OF TRUSTEES MAY ENTER IN TO AN 1
427-AGREEMENT WITH A CONSULTANT SE LECTED UNDER SUBPARA GRAPH (I) OF THIS 2
428-PARAGRAPH TO PROVIDE EXECUTIVE SEARCH SER VICES FOR THE BOARD OF 3
429-TRUSTEES OR THE EXECUTIVE DIRECTOR. 4
430-
431- (III) THE CHIEF INVESTMENT OFFICER MAY NOT SEPAR ATELY 5
432-RETAIN THE CONSULTAN T HIRED UNDER SUBPA RAGRAPH (I) OF THIS PARAGRAPH 6
433-FOR ANY SERVICES . 7
434-
435- (6) (i) The [Chief Investment Officer] EXECUTIVE DIRECTOR shall 8
436-serve in an advisory capacity to the Committee REGARDING COMPENSATI ON AND 9
437-INCENTIVE COMPENSATI ON FOR THE CHIEF INVESTMENT OFFICER AND 10
438-INVESTMENT DIVISION STAFF. 11
439-
440- (ii) The Chief Investment Officer may not participate in any 12
441-deliberations regarding the criteria for compensation and financial incentives for the Chief 13
442-Investment Officer OR INVESTMENT DIVISION STAFF. 14
443-
444- (III) THE CHIEF INVESTMENT OFFICER SHALL SERVE I N AN 15
445-ADVISORY CAPACITY RE GARDING THE TYPE OF , NUMBER OF, AND QUALIFICATIONS 16
446-FOR POSITIONS IN THE INVESTMENT DIVISION. 17
447-
448- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 18
449-1, 2025. 19
342+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 4
343+1, 2025. 5
450344
451345
452346
453347
454348 Approved:
455349 ________________________________________________________________________________
456350 Governor.
457351 ________________________________________________________________________________
458352 Speaker of the House of Delegates.
459353 ________________________________________________________________________________
460354 President of the Senate.