1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. |
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4 | 4 | | [Brackets] indicate matter deleted from existing law. |
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5 | 5 | | *hb1102* |
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6 | 6 | | |
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7 | 7 | | HOUSE BILL 1102 |
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8 | 8 | | P6 5lr3245 |
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9 | 9 | | HB 791/21 – APP |
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10 | 10 | | By: Delegate Griffith |
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11 | 11 | | Introduced and read first time: February 5, 2025 |
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12 | 12 | | Assigned to: Appropriations |
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13 | 13 | | |
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14 | 14 | | A BILL ENTITLED |
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15 | 15 | | |
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16 | 16 | | AN ACT concerning 1 |
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17 | 17 | | |
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18 | 18 | | State Retirement and Pension System – Military Service Credit – Eligibility 2 |
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19 | 19 | | |
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20 | 20 | | FOR the purpose of authorizing certain members of the State Retirement and Pension 3 |
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21 | 21 | | System to receive credit for certain military service if the member receives military 4 |
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22 | 22 | | service credit in another retirement system; prohibiting an individual from receiving 5 |
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23 | 23 | | credit more than a certain number of times; and generally relating to members of 6 |
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24 | 24 | | the State Retirement and Pension System receiving military service credit. 7 |
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25 | 25 | | |
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26 | 26 | | BY repealing and reenacting, with amendments, 8 |
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27 | 27 | | Article – State Personnel and Pensions 9 |
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28 | 28 | | Section 38–104 10 |
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29 | 29 | | Annotated Code of Maryland 11 |
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30 | 30 | | (2024 Replacement Volume and 2024 Supplement) 12 |
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31 | 31 | | |
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32 | 32 | | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13 |
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33 | 33 | | That the Laws of Maryland read as follows: 14 |
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34 | 34 | | |
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35 | 35 | | Article – State Personnel and Pensions 15 |
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36 | 36 | | |
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37 | 37 | | 38–104. 16 |
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38 | 38 | | |
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39 | 39 | | (a) (1) This section applies to an individual who is: 17 |
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40 | 40 | | |
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41 | 41 | | (i) a member of a State system; or 18 |
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42 | 42 | | |
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43 | 43 | | (ii) a former member of a State system who is eligible to receive a 19 |
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44 | 44 | | benefit under § 29–302 or § 29–303 of this article. 20 |
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45 | 45 | | |
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46 | 46 | | (2) This section does not apply to a retiree of a State system. 21 |
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47 | 47 | | 2 HOUSE BILL 1102 |
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48 | 48 | | |
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49 | 49 | | |
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50 | 50 | | (b) Except as provided in [subsection (c)] SUBSECTIONS (C) AND (E) of this 1 |
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51 | 51 | | section, an individual described in subsection (a) of this section, who has not met the 2 |
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52 | 52 | | conditions set forth in § 38–103(a)(2) through (4) of this subtitle, is entitled to receive 3 |
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53 | 53 | | service credit for military service only on the attainment of 10 years of service credit earned 4 |
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54 | 54 | | through employment as a member of a State system. 5 |
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55 | 55 | | |
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56 | 56 | | (c) (1) An individual described in subsection (a) of this section may not receive 6 |
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57 | 57 | | credit for that military service if the individual receives credit for military service from 7 |
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58 | 58 | | another retirement system for which retirement benefits have been or will be received by 8 |
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59 | 59 | | the individual. 9 |
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60 | 60 | | |
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61 | 61 | | (2) Paragraph (1) of this subsection does not apply to: 10 |
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62 | 62 | | |
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63 | 63 | | (i) credit for military service provided under: 11 |
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64 | 64 | | |
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65 | 65 | | 1. the Social Security Act; 12 |
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66 | 66 | | |
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67 | 67 | | 2. the National Railroad Retirement Act; or 13 |
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68 | 68 | | |
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69 | 69 | | 3. Title 3 or Title 10, Chapter 1223, §§ 12731 through 12737 14 |
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70 | 70 | | of the United States Code; [or] 15 |
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71 | 71 | | |
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72 | 72 | | (ii) disability payments from a pension or retirement system; OR 16 |
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73 | 73 | | |
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74 | 74 | | (III) A MEMBER OR FORMER M EMBER OF: 17 |
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75 | 75 | | |
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76 | 76 | | 1. THE CORRECTIONAL OFFICERS’ RETIREMENT 18 |
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77 | 77 | | SYSTEM; 19 |
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78 | 78 | | |
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79 | 79 | | 2. THE LAW ENFORCEMENT OFFICERS’ PENSION 20 |
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80 | 80 | | SYSTEM; OR 21 |
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81 | 81 | | |
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82 | 82 | | 3. THE STATE POLICE RETIREMENT SYSTEM. 22 |
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83 | 83 | | |
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84 | 84 | | (3) (i) Military service credit under this section may not exceed 5 years. 23 |
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85 | 85 | | |
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86 | 86 | | (ii) Subject to subparagraph (i) of this paragraph, a member of the 24 |
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87 | 87 | | Maryland National Guard or of a reserve component of the armed forces of the United 25 |
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88 | 88 | | States who has not been activated under Title 10 of the United States Code, shall receive 26 |
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89 | 89 | | service credit at the rate of 4 months for each full year of service with the Maryland 27 |
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90 | 90 | | National Guard or with a reserve component of the armed forces of the United States, not 28 |
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91 | 91 | | to exceed a total of 36 months. 29 |
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92 | 92 | | |
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93 | 93 | | (iii) Subject to subparagraph (i) of this paragraph, an individual shall 30 |
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94 | 94 | | receive service credit at the rate of 4 months for each full year of attendance at a United 31 |
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95 | 95 | | States service academy, not to exceed a total of 16 months. 32 HOUSE BILL 1102 3 |
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96 | 96 | | |
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97 | 97 | | |
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98 | 98 | | |
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99 | 99 | | (d) (1) Except as provided in paragraph (2) of this subsection, the service credit 1 |
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100 | 100 | | for military service that an individual receives under this section shall be applied to the 2 |
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101 | 101 | | individual’s retirement allowance using the accrual rate in effect at the time the individual 3 |
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102 | 102 | | retires from a State system. 4 |
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103 | 103 | | |
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104 | 104 | | (2) If an individual applies for military service credit on or after July 1, 5 |
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105 | 105 | | 2011, the service credit for military service that the individual receives under this section 6 |
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106 | 106 | | shall be applied to the individual’s retirement allowance using the accrual rate in effect at 7 |
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107 | 107 | | the time the individual submits an application for military service credit to the State 8 |
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108 | 108 | | Retirement Agency. 9 |
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109 | 109 | | |
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110 | 110 | | (E) AN INDIVIDUAL MAY NOT RECEIVE SERVICE CRED IT UNDER THIS 10 |
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111 | 111 | | SECTION MORE THAN ON CE. 11 |
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112 | 112 | | |
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113 | 113 | | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 12 |
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114 | 114 | | 1, 2025. 13 |
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115 | 115 | | |
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