EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1029*
HOUSE BILL 1029
P6 5lr3476
CF SB 768
By: Delegate Forbes (Chair, Joint Committee on Pensions)
Introduced and read first time: February 3, 2025
Assigned to: Appropriations
A BILL ENTITLED
AN ACT concerning 1
Correctional Officers’ Retirement System – Membership – Clarifications 2
FOR the purpose of clarifying the membership in the Correctional Officers’ Retirement 3
System for certain employees of certain Maryland Department of Health facilities; 4
clarifying that certain participating employees who are appointed, promoted, or 5
transferred are members of the Correctional Officers’ Retirement System as a 6
condition of employment; and generally relating to membership in the Correctional 7
Officers’ Retirement System. 8
BY repealing and reenacting, without amendments, 9
Article – State Personnel and Pensions 10
Section 20–206(a) 11
Annotated Code of Maryland 12
(2024 Replacement Volume and 2024 Supplement) 13
BY repealing and reenacting, with amendments, 14
Article – State Personnel and Pensions 15
Section 20–206(g), 25–201, and 25–401 16
Annotated Code of Maryland 17
(2024 Replacement Volume and 2024 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLA ND, 19
That the Laws of Maryland read as follows: 20
Article – State Personnel and Pensions 21
20–206. 22
(a) In this section, “unused sick leave” means sick leave credit that: 23
(1) has not been used before retirement; and 24 2 HOUSE BILL 1029
(2) was available to the member to b e used as sick leave during 1
employment. 2
(g) (1) This subsection applies to a member of the Correctional Officers’ 3
Retirement System who: 4
(i) was a member of the Employees’ Pension System or Employees’ 5
Retirement System and was transferred from the Employees’ Pension System or 6
Employees’ Retirement System to the Correctional Officers’ Retirement System as a result 7
of a change in membership within the several systems that rendered the individual 8
ineligible for membership in the Employees’ Pension System or the Employees’ Retirement 9
System; 10
(ii) did not transfer service credit from the Employees’ Pension 11
System or the Employees’ Retirement System to the Correctional Officers’ Retirement 12
System; and 13
(iii) 1. retires under § 25–401 of this article, and receives a vested 14
benefit from the Employees’ Pension System or the Employees’ Retirement System; 15
2. retires under §§ 22–401, 22–402, 23–401, or 23–402 of this 16
article, and receives a vested benefit from the Correctional Officers’ Retirement System for 17
service earned on or after July 1, 2016; or 18
3. retires with a vested benefit from the Employees’ Pension 19
System or Employees’ Retirement System, and earned service in the Correctional Officers’ 20
Retirement System on or after July 1, 2016, for which the individual is not eligible for a 21
benefit. 22
(2) Subject to paragraphs (3) and (4) of this subsection, a member is 23
entitled to receive creditable service for the total amount of unused sick leave accrued by 24
the member at the time of retirement. 25
(3) (i) This paragraph applies to an individual described under 26
paragraph (1)(iii)1 or 2 of this subsection. 27
(ii) The creditable service for unused sick leave shall be calculated 28
for each of the two State systems by multiplying the total amount of unused sick leave, 29
calculated in accordance with subsection (e) of this section, by a fraction: 30
1. the numerator of which is the creditable service earned in 31
the State system, not including the creditable service for unused sick leave; and 32
2. the denominator of which is the total creditable service 33
earned in both State systems, not including the creditable service for unused sick leave. 34
HOUSE BILL 1029 3
(4) (i) This paragraph applies to an individual described under 1
paragraph (1)(iii)3 of this subsection. 2
(ii) An individual’s retirement benefit from the Employees’ Pension 3
System or Employees’ Retirement System shall be adjusted to include any credit for unused 4
sick leave that the individual accrued in the Employees’ Pension System or Employees’ 5
Retirement System prior to becoming a member of the Correctional Officers’ Retirement 6
System: 7
1. on or after July 1, 2016, in a position included under § 8
25–201(a)(7) of this article; 9
2. on or after July 1, 2017, in a position included under § 10
25–201(a)(8) or (9) of this article; 11
3. on or after July 1, 2018, in a position included under § 12
25–201(a)(10) or (11) of this article; 13
4. on or after July 1, 2022, in a position included under § 14
25–201(a)(12) of this article; [or] 15
5. on or after July 1, 2024, in a position included under § 16
25–201(a)(13) of this article; OR 17
6. ON OR AFTER JULY 1, 2025, IN A POSITION INCLUD ED 18
UNDER § 25–201(A)(14) OF THIS ARTICLE . 19
25–201. 20
(a) Except as provided in subsection (b) of this section, this subtitle applies only 21
to: 22
(1) correctional officers serving in any of the first six job classifications; 23
(2) security attendants at Clifton T. Perkins Hospital Center; 24
(3) a detention center officer employed by a participating governmental 25
unit that on or after July 1, 2006, has elected to participate in the Correctional Officers’ 26
Retirement System; 27
(4) an individual serving as a correctional dietary, maintenance, laundry, 28
or supply officer; 29
(5) an individual serving as a Maryland Correctional Enterprises officer, 30
officer trainee, plant supervisor, plant manager, or regional manager; 31
4 HOUSE BILL 1029
(6) a correctional officer serving as a security chief, a facility administrator, 1
an assistant warden, or a warden who: 2
(i) begins employment in that position on or after July 1, 2014; or 3
(ii) is serving in that position on June 30, 2014, and elects to transfer 4
to the Correctional Officers’ Retirement System from: 5
1. the Employees’ Pension System on or before December 31, 6
2014; or 7
2. the Employees’ Retirement System on or before December 8
31, 2015; 9
(7) an individual serving as a correctional case management specialist, 10
supervisor, or manager on or after July 1, 2016; 11
(8) an individual serving as a parole and probation agent, supervisor, or 12
regional administrator on or after July 1, 2017; 13
(9) an individual serving as a Department of Public Safety and 14
Correctional Services employee in one of the following positions on or after July 1, 2017: 15
(i) an alcohol and drug: 16
1. associate counselor, counselor lead, counselor provisional, 17
or counselor supervisor; 18
2. professional counselor, counselor provisional, or counselor 19
supervisor; or 20
3. supervised counselor or counselor provisional; 21
(ii) a mental health professional counselor, graduate professional 22
counselor, professional counselor advanced, or professional supervisor; 23
(iii) a psychologist, psychology associate, or psychology associate 24
doctorate; 25
(iv) a social worker, social worker advanced, social worker 26
supervisor, or social work regional supervisor; or 27
(v) a recreation officer or supervisor; 28
(10) an individual serving as a Department of Juvenile Services employee 29
in one of the following positions on or after July 1, 2018: 30
HOUSE BILL 1029 5
(i) a community detention officer or community detention 1
supervisor; 2
(ii) a youth transportation officer, youth transportation officer lead, 3
youth transportation officer supervisor, or youth transportation officer trainee; 4
(iii) a resident advisor, resident advisor lead, resident advisor 5
supervisor, or resident advisor trainee; or 6
(iv) a youth recreation specialist; 7
(11) an individual serving as a Department of Public Safety and 8
Correctional Services employee in one of the following positions on or after July 1, 2018: 9
(i) a parole and probation assistant regional administrator; 10
(ii) a psychology services chief; 11
(iii) a correctional maintenance officer supervisor; 12
(iv) a correctional maintenance officer manager; 13
(v) a correctional maintenance services officer; 14
(vi) a correctional maintenance services supervisor; 15
(vii) a correctional maintenance services manager; or 16
(viii) a correctional maintenance regional manager; 17
(12) an individual serving as a Department of Juvenile Services employee 18
in one of the following positions on or after July 1, 2022: 19
(i) a case management specialist I, II, or III; 20
(ii) a case management specialist supervisor; 21
(iii) a case management specialist program supervisor; or 22
(iv) a group life manager I or II; [and] 23
(13) an individual serving as a Maryland Department of Health employee 24
on or after July 1, 2024: 25
(i) at one of the following facilities: 26
1. Eastern Shore Hospital Center; 27 6 HOUSE BILL 1029
2. Thomas B. Finan Center; 1
3. Potomac Center/Secure Evaluation and Therapeutic 2
Treatment Program; 3
4. Spring Grove Hospital Center; 4
5. Springfield Hospital Center; 5
6. Regional Institute for Children and Adolescents – 6
Baltimore; or 7
7. John L. Gildner Regional Institute for Children and 8
Adolescents; and 9
(ii) in one of the following positions: 10
1. a CAMH associate I, II, OR LEAD – CI; 11
2. a developmental disability associate – CI; 12
3. a direct care assistant I OR II – CI; 13
4. A DIRECT CARE TRAINEE – CI; 14
[4.] 5. a licensed practical nurse I, II, III ADVANCE, OR III 15
LEAD – CI; 16
[5.] 6. a resident associate SETT – CI; 17
[6.] 7. a security attendant I, II, or III; 18
[7.] 8. a security attendant manager I or II; or 19
[8.] 9. a security attendant supervisor; AND 20
(14) AN INDIVIDUAL SERVIN G AS A MARYLAND DEPARTMENT OF 21
HEALTH EMPLOYEE ON OR AFTER JULY 1, 2025: 22
(I) AT A FACILITY DESCRI BED IN ITEM (13)(I) OF THIS 23
SUBSECTION; AND 24
(II) IN ONE OF THE FOLLOW ING POSITIONS: 25
HOUSE BILL 1029 7
1. A CAMH ASSOCIATE SUPERVISOR – CI; 1
2. A DEVELOPMENTAL DISA BILITY ASSOCIATE 2
ASSISTANT MANAGER – CI; 3
3. A DEVELOPMENTAL DISA BILITY ASSOCIATE 4
MANAGER – CI; AND 5
4. A DEVELOPMENTAL DISA BILITY ASSOCIATE 6
SUPERVISOR – CI. 7
(b) This subtitle does not apply to: 8
(1) an employee of the Baltimore City Jail as of June 30, 1991, who: 9
(i) became an employee of the Baltimore City Detention Center on 10
July 1, 1991; and 11
(ii) did not elect to become a member of the Correctional Officers’ 12
Retirement System on that date; 13
(2) a detention center officer employed by a participating governmental 14
unit as a local detention center officer on the effective date of participation on or after July 15
1, 2006, who did not elect to become a member of the Correctional Officers’ Retirement 16
System within 6 months of the effective date of participation; or 17
(3) a correctional officer serving as a security chief, a facility administrator, 18
an assistant warden, or a warden who is in that position on June 30, 2014, and does not 19
elect to transfer membership to the Correctional Officers’ Retirement System from: 20
(i) the Employees’ Pension System on or before December 31, 2014; 21
or 22
(ii) the Employees’ Retirement System on or before December 31, 23
2015. 24
25–401. 25
(a) A member may retire with a normal service retirement allowance if: 26
(1) on or before the date of retirement, the member: 27
(i) has at least 20 years of eligibility service; 28
(ii) 1. is a correctional case management specialist, supervisor, 29
or manager on or before June 30, 2016; 30 8 HOUSE BILL 1029
2. is vested in the Correctional Officers’ Retirement System; 1
and 2
3. has a combined total of at least 20 years of eligibility 3
service from: 4
A. the Correctional Officers’ Retirement System and the 5
Employees’ Retirement System; or 6
B. the Correctional Officers’ Retirement System and the 7
Employees’ Pension System; 8
(iii) 1. is serving in a position specified in: 9
A. § 25–201(a)(8) or (9) of this title on or before June 30, 2017; 10
B. § 25–201(a)(10) or (11) of this title on or before June 30, 11
2018; 12
C. § 25–201(a)(12) of this title on or before June 30, 2022; or 13
D. § 25–201(a)(13) of this title on or before June 30, 2024; 14
2. is vested in the Correctional Officers’ Retirement System; 15
and 16
3. has a combined total of at least 20 years of eligibility 17
service from: 18
A. the Correctional Officers’ Retirement System and the 19
Employees’ Retirement System; or 20
B. the Correctional Officers’ Retirement System and the 21
Employees’ Pension System; or 22
(iv) is at least 55 years old and has: 23
1. at least 5 years of eligibility service credit, if the member 24
is a member on or before June 30, 2011; or 25
2. at least 10 years of eligibility service credit, if the member 26
becomes a member on or after July 1, 2011; and 27
(2) the member completes and submits a written application to the Board 28
of Trustees stating the date when the member desires to retire. 29
HOUSE BILL 1029 9
(b) (1) Except as provided in paragraph (2) of this subsection, on retirement 1
under this section, a member is entitled to receive a normal service retirement allowance 2
that equals one fifty–fifth of the member’s average final compensation multiplied by the 3
number of years of creditable service. 4
(2) On retirement under this section, if a member’s annuity is greater than 5
the member’s normal service retirement allowance calculated under paragraph (1) of this 6
subsection, the member’s normal service retirement allowance shall equal the member’s 7
annuity. 8
(c) (1) This subsection applies only to: 9
(i) a correctional case management specialist, supervisor, or 10
manager who has a combined total of 20 years of eligibility service as provided in subsection 11
(a)(1)(ii) of this section; or 12
(ii) a member serving in a position specified in § 25–201(a)(8), (9), 13
(10), (11), (12), [or] (13), OR (14) of this title who has a combined total of 20 years of 14
eligibility service as provided in subsection (a)(1)(iii) of this section. 15
(2) A member is entitled to receive a normal service retirement allowance 16
that equals an allowance based on the creditable service the member has in the 17
Correctional Officers’ Retirement System. 18
SECTION 2. AND BE IT FURTHER ENACTED, That: 19
(a) This section applies to an individual who: 20
(1) is employed in a position affected by this Act on July 1, 2025; and 21
(2) has creditable service in the Employees’ Pension System before July 1, 22
2008. 23
(b) Except as provided in subsections (c) and (d) of this section, on June 30, 2026, 24
the Board of Trustees for the State Retirement and Pension System shall transfer the 25
service of an individual described in subsection (a) of this section from the Employees’ 26
Retirement System or the Employees’ Pension System to the Correctional Officers’ 27
Retirement System. 28
(c) On or before June 1, 2026, an individual described in subsection (a) of this 29
section who was transferred into the Correctional Officers’ Retirement System under this 30
Act may elect not to transfer the individual’s Employees’ Retirement System or Employees’ 31
Pension System service to the Correctional Officers’ Retirement System by submitting to 32
the Board of Trustees for the State Retirement and Pension System a form provided by the 33
State Retirement Agency for the purpose of electing not to transfer service under this Act. 34
10 HOUSE BILL 1029
(d) If an individual described in subsection (a) of this section who was transferred 1
into the Correctional Officers’ Retirement System under this Act submits an application for 2
retirement to retire before June 30, 2026, the Board of Trustees for the State Retirement 3
and Pension System shall transfer the individual’s service from the Employees’ Retirement 4
System or the Employees’ Pension System to the Correctional Officers’ Retirement System 5
prior to the effective date of retirement, unless the individual elects not to transfer the 6
individual’s service in accordance with subsection (c) of this section. 7
SECTION 3. AND BE IT FURTHER ENACTED, That: 8
(a) This section applies to an individual who: 9
(1) is employed in a position affected by this Act on July 1, 2025; and 10
(2) has no creditable service in the Employees’ Pension System before July 11
1, 2008. 12
(b) An individual described in subsection (a) of this section shall have the 13
individual’s service credit from the Employees’ Pension System transferred and combined 14
with the individual’s service in the Correctional Officers’ Retirement System. 15
SECTION 4. AND BE IT FURTHER ENACTED, That: 16
(a) This section applies to an individual who has service from the Employees’ 17
Retirement System or the Employees’ Pension System transferred into the Correctional 18
Officers’ Retirement System under this Act. 19
(b) If an individual described under subsection (a) of this section is granted an 20
ordinary disability benefit under Title 29, Subtitle 1 of the State Personnel and Pensions 21
Article, the Board of Trustees for the State Retirement and Pension System shall calculate 22
the ordinary disability benefit under §§ 29–106 and 29–108 of the State Personnel and 23
Pensions Article and grant the greater benefit to the individual. 24
SECTION 5. AND BE IT FURTHER ENACTED, That this Act shall take effect July 25
1, 2025. Section 2 of this Act shall remain effective for a period of 1 year and, at the end of 26
June 30, 2026, Section 2 of this Act, with no further action required by the General 27
Assembly, shall be abrogated and of no further force and effect. 28