EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1102*
HOUSE BILL 1102
P6 5lr3245
HB 791/21 – APP
By: Delegate Griffith
Introduced and read first time: February 5, 2025
Assigned to: Appropriations
A BILL ENTITLED
AN ACT concerning 1
State Retirement and Pension System – Military Service Credit – Eligibility 2
FOR the purpose of authorizing certain members of the State Retirement and Pension 3
System to receive credit for certain military service if the member receives military 4
service credit in another retirement system; prohibiting an individual from receiving 5
credit more than a certain number of times; and generally relating to members of 6
the State Retirement and Pension System receiving military service credit. 7
BY repealing and reenacting, with amendments, 8
Article – State Personnel and Pensions 9
Section 38–104 10
Annotated Code of Maryland 11
(2024 Replacement Volume and 2024 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – State Personnel and Pensions 15
38–104. 16
(a) (1) This section applies to an individual who is: 17
(i) a member of a State system; or 18
(ii) a former member of a State system who is eligible to receive a 19
benefit under § 29–302 or § 29–303 of this article. 20
(2) This section does not apply to a retiree of a State system. 21
2 HOUSE BILL 1102
(b) Except as provided in [subsection (c)] SUBSECTIONS (C) AND (E) of this 1
section, an individual described in subsection (a) of this section, who has not met the 2
conditions set forth in § 38–103(a)(2) through (4) of this subtitle, is entitled to receive 3
service credit for military service only on the attainment of 10 years of service credit earned 4
through employment as a member of a State system. 5
(c) (1) An individual described in subsection (a) of this section may not receive 6
credit for that military service if the individual receives credit for military service from 7
another retirement system for which retirement benefits have been or will be received by 8
the individual. 9
(2) Paragraph (1) of this subsection does not apply to: 10
(i) credit for military service provided under: 11
1. the Social Security Act; 12
2. the National Railroad Retirement Act; or 13
3. Title 3 or Title 10, Chapter 1223, §§ 12731 through 12737 14
of the United States Code; [or] 15
(ii) disability payments from a pension or retirement system; OR 16
(III) A MEMBER OR FORMER M EMBER OF: 17
1. THE CORRECTIONAL OFFICERS’ RETIREMENT 18
SYSTEM; 19
2. THE LAW ENFORCEMENT OFFICERS’ PENSION 20
SYSTEM; OR 21
3. THE STATE POLICE RETIREMENT SYSTEM. 22
(3) (i) Military service credit under this section may not exceed 5 years. 23
(ii) Subject to subparagraph (i) of this paragraph, a member of the 24
Maryland National Guard or of a reserve component of the armed forces of the United 25
States who has not been activated under Title 10 of the United States Code, shall receive 26
service credit at the rate of 4 months for each full year of service with the Maryland 27
National Guard or with a reserve component of the armed forces of the United States, not 28
to exceed a total of 36 months. 29
(iii) Subject to subparagraph (i) of this paragraph, an individual shall 30
receive service credit at the rate of 4 months for each full year of attendance at a United 31
States service academy, not to exceed a total of 16 months. 32 HOUSE BILL 1102 3
(d) (1) Except as provided in paragraph (2) of this subsection, the service credit 1
for military service that an individual receives under this section shall be applied to the 2
individual’s retirement allowance using the accrual rate in effect at the time the individual 3
retires from a State system. 4
(2) If an individual applies for military service credit on or after July 1, 5
2011, the service credit for military service that the individual receives under this section 6
shall be applied to the individual’s retirement allowance using the accrual rate in effect at 7
the time the individual submits an application for military service credit to the State 8
Retirement Agency. 9
(E) AN INDIVIDUAL MAY NOT RECEIVE SERVICE CRED IT UNDER THIS 10
SECTION MORE THAN ON CE. 11
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 12
1, 2025. 13