Old | New | Differences | |
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1 | 1 | ||
2 | 2 | ||
3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | 4 | [Brackets] indicate matter deleted from existing law. | |
5 | 5 | Underlining indicates amendments to bill. | |
6 | 6 | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | 7 | amendment. | |
8 | - | Italics indicate opposite chamber/conference committee amendments. | |
9 | 8 | *hb1028* | |
10 | 9 | ||
11 | 10 | 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 | |
30 | 19 | ||
31 | 20 | CHAPTER ______ | |
32 | 21 | ||
33 | 22 | AN ACT concerning 1 | |
34 | 23 | ||
35 | 24 | Board of Trustees for the State Retirement and Pension System – Investment 2 | |
36 | 25 | Division – Compensation and Staffing Committee 3 | |
37 | 26 | ||
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 | |
50 | 49 | ||
51 | 50 | ||
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 | |
60 | 55 | ||
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 | |
66 | 58 | ||
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 | |
72 | 60 | ||
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 | |
75 | 62 | ||
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 | |
77 | 66 | ||
78 | - | 21– | |
67 | + | 21–118.1. 12 | |
79 | 68 | ||
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 | |
83 | 74 | ||
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 | |
85 | 80 | ||
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 | |
91 | 83 | ||
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 | |
97 | 98 | ||
98 | 99 | ||
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 | |
105 | 100 | ||
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 | |
108 | 104 | ||
109 | - | 2. The Board shall consider the recommendations of the | |
110 | - | [Objective Criteria] COMPENSATION AND STAFFING Committee under § 21–122(g) of | |
111 | - | this subtitle before adopting objective criteria for | |
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 | |
112 | 108 | ||
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 | |
116 | 110 | ||
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 | |
119 | 112 | ||
120 | - | ( | |
121 | - | ||
122 | - | ||
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 | |
123 | 116 | ||
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 | |
128 | 118 | ||
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 | |
131 | 122 | ||
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 | |
135 | 125 | ||
136 | - | ( | |
137 | - | ||
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 | |
138 | 128 | ||
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 | |
143 | 145 | 4 HOUSE BILL 1028 | |
144 | 146 | ||
145 | 147 | ||
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 | |
150 | 150 | ||
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 | |
153 | 154 | ||
154 | - | ( | |
155 | - | ||
156 | - | ||
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 | |
157 | 158 | ||
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 | |
159 | 162 | ||
160 | - | | |
161 | - | ||
163 | + | 1. THE TYPE AND NUMBER OF POSITIONS IN THE 12 | |
164 | + | INVESTMENT DIVISION; 13 | |
162 | 165 | ||
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 | |
167 | 168 | ||
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 | |
171 | 173 | ||
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 | |
176 | 176 | ||
177 | - | | |
178 | - | COMPENSATION AND STAFFING Committee | |
179 | - | objective criteria for awarding financial incentives | |
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 | |
180 | 180 | ||
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 | |
184 | 183 | ||
185 | - | 21–122. 30 | |
184 | + | (iii) The criteria adopted under subparagraph (i) of this paragraph 27 | |
185 | + | shall include: 28 | |
186 | 186 | ||
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 | |
189 | 193 | ||
190 | 194 | ||
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 | |
194 | 197 | ||
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 | |
196 | 200 | ||
197 | - | | |
198 | - | ||
199 | - | ||
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 | |
200 | 204 | ||
201 | - | | |
202 | - | ||
205 | + | 3. The dates set under subsubparagraph 2 of this 8 | |
206 | + | subparagraph may not be changed after being set. 9 | |
203 | 207 | ||
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 | |
206 | 212 | ||
207 | - | | |
208 | - | ||
209 | - | ||
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 | |
210 | 216 | ||
211 | - | ( | |
212 | - | ||
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 | |
213 | 219 | ||
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 | |
217 | 222 | ||
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 | |
220 | 226 | ||
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 | |
223 | 228 | ||
224 | - | | |
225 | - | ||
229 | + | B. if the individual is currently employed in the Investment 25 | |
230 | + | Division. 26 | |
226 | 231 | ||
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 | |
230 | 238 | ||
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 | |
235 | 242 | ||
236 | 243 | ||
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 | |
240 | 246 | ||
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 | |
243 | 252 | ||
244 | - | | |
245 | - | ||
253 | + | (i) investment performance by asset class, including performance 8 | |
254 | + | relative to asset class benchmarks; and 9 | |
246 | 255 | ||
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 | |
251 | 258 | ||
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 | |
256 | 261 | ||
257 | - | (2) (i) | |
258 | - | ||
262 | + | (2) (I) The [Committee consists of the] following members SHALL BE 14 | |
263 | + | INCLUDED ON THE COMMITTEE: 15 | |
259 | 264 | ||
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 | |
263 | 267 | ||
264 | - | (ii) | |
265 | - | ||
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 | |
266 | 270 | ||
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 | |
269 | 272 | ||
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 | |
273 | 275 | ||
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 | |
278 | 279 | ||
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 | |
281 | 289 | HOUSE BILL 1028 7 | |
282 | 290 | ||
283 | 291 | ||
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 | |
287 | 294 | ||
288 | - | | |
289 | - | ||
295 | + | 2. THE COMPTROLLER , OR THE COMPTROLLER ’S 3 | |
296 | + | DESIGNEE. 4 | |
290 | 297 | ||
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 | |
295 | 300 | ||
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 | |
299 | 303 | ||
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 | |
302 | 307 | ||
303 | - | ( | |
304 | - | incentives | |
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 | |
305 | 310 | ||
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 | |
309 | 313 | ||
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 | |
311 | 318 | ||
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 | |
314 | 322 | ||
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 | |
319 | 326 | ||
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 | |
322 | 331 | ||
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 | |
330 | 336 | ||
331 | 337 | ||
332 | - | ||
333 | - | ||
334 | - | ||
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 | |
335 | 341 | ||
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 | |
450 | 344 | ||
451 | 345 | ||
452 | 346 | ||
453 | 347 | ||
454 | 348 | Approved: | |
455 | 349 | ________________________________________________________________________________ | |
456 | 350 | Governor. | |
457 | 351 | ________________________________________________________________________________ | |
458 | 352 | Speaker of the House of Delegates. | |
459 | 353 | ________________________________________________________________________________ | |
460 | 354 | President of the Senate. |