Maryland 2025 Regular Session

Maryland House Bill HB1320 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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	hb1320
6	6
7	7	HOUSE BILL 1320
8	8	P6 5lr3044
9	9	CF SB 865
10	10	By: Delegate Valderrama
11	11	Introduced and read first time: February 7, 2025
12	12	Assigned to: Appropriations
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Law Enforcement Officers’ Pension System – Forest Heights Police Department 2
19	19	– Membership 3
20	20
21	21	FOR the purpose of authorizing certain law enforcement employees of the Forest Heights 4
22	22	Police Department to participate in the Law Enforcement Officers’ Pension System; 5
23	23	providing that membership in the Law Enforcement Officers’ Pension System is 6
24	24	optional for certain employees of the Forest Heights Police Department; requiring 7
25	25	certain employees of the Forest Heights Police Department to make a certain election 8
26	26	on a certain date; providing for certain employees of the Forest Heights Police 9
27	27	Department to receive service credit for certain prior service; providing that certain 10
28	28	employees of the Forest Heights Police Department who become members of the Law 11
29	29	Enforcement Officers’ Pension System after a certain date may not receive certain 12
30	30	service credit; and generally relating to employees of the Forest Heights Police 13
31	31	Department participating in the Law Enforcement Officers’ Pension System. 14
32	32
33	33	BY repealing and reenacting, without amendments, 15
34	34	Article – State Personnel and Pensions 16
35	35	Section 26–202(b)(1)(vi)2., (2), and (3), 31–2A–01(a) and (f), and 31–2A–03 17
36	36	Annotated Code of Maryland 18
37	37	(2024 Replacement Volume and 2024 Supplement) 19
38	38
39	39	BY repealing and reenacting, with amendments, 20
40	40	Article – State Personnel and Pensions 21
41	41	Section 31–2A–04 22
42	42	Annotated Code of Maryland 23
43	43	(2024 Replacement Volume and 2024 Supplement) 24
44	44
45	45	BY adding to 25
46	46	Article – State Personnel and Pensions 26
47	47	Section 31–2A–08 27
48	48	Annotated Code of Maryland 28 2 HOUSE BILL 1320
49	49
50	50
51	51	(2024 Replacement Volume and 2024 Supplement) 1
52	52
53	53	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
54	54	That the Laws of Maryland read as follows: 3
55	55
56	56	Article – State Personnel and Pensions 4
57	57
58	58	26–202. 5
59	59
60	60	(b) (1) Subject to paragraph (2) of this subsection, membership in the Law 6
61	61	Enforcement Officers’ Pension System is optional for an individual described in § 26–201 7
62	62	of this subtitle: 8
63	63
64	64	(vi) who is employed by a participating governmental unit on the 9
65	65	effective date of participation: 10
66	66
67	67	2. on or after July 1, 2017, for that participating 11
68	68	governmental unit and who elects membership before the effective date of participation; 12
69	69
70	70	(2) To elect to be a member of the Law Enforcement Officers’ Pension 13
71	71	System, an individual shall file a written application with the State Retirement Agency on 14
72	72	a form that the State Retirement Agency provides. 15
73	73
74	74	(3) (i) An election to join the Law Enforcement Officers’ Pension 16
75	75	System under this subsection is a one–time, irrevocable election. 17
76	76
77	77	(ii) If an individual does not elect membership during the applicable 18
78	78	period specified under paragraph (1) of this subsection, the individual may not 19
79	79	subsequently become a member of the Law Enforcement Officers’ Pension System. 20
80	80
81	81	31–2A–01. 21
82	82
83	83	(a) In this subtitle the following words have the meanings indicated. 22
84	84
85	85	(f) “Law enforcement officer” means an individual certified by the Maryland 23
86	86	Police Training and Standards Commission as a law enforcement officer. 24
87	87
88	88	31–2A–03. 25
89	89
90	90	(a) Subject to subsection (b) of this section, the legislative body of an eligible 26
91	91	governmental unit may approve participation by its law enforcement officers, firefighters, 27
92	92	or emergency medical technicians in the Law Enforcement Officers’ Pension System if: 28
93	93
94	94	(1) the legislative body adopts a resolution in the form prescribed by the 29
95	95	Board of Trustees; and 30
96	96	HOUSE BILL 1320 3
97	97
98	98
99	99	(2) the eligible governmental unit participates in a State system or 1
100	100	operates a local plan, only if: 2
101	101
102	102	(i) at least 60% of the law enforcement officers, firefighters, or 3
103	103	emergency medical technicians of the eligible governmental unit petition to become 4
104	104	members of the Law Enforcement Officers’ Pension System; 5
105	105
106	106	(ii) the eligible governmental unit satisfies the requirements in 6
107	107	subsection (b) of this section; and 7
108	108
109	109	(iii) the legislative body approves participation of its law enforcement 8
110	110	officers, firefighters, or emergency medical technicians in lieu of participation in the State 9
111	111	system or local plan. 10
112	112
113	113	(b) An eligible governmental unit that operates a local plan or participates in a 11
114	114	State system may approve participation of its law enforcement officers, firefighters, or 12
115	115	emergency medical technicians in the Law Enforcement Officers’ Pension System only if: 13
116	116
117	117	(1) the State system or local plan of the eligible governmental unit requires 14
118	118	member contributions at the same rate as the member contribution rate that would be 15
119	119	applicable to the law enforcement officers, firefighters, or emergency medical technicians 16
120	120	of the eligible governmental unit in the Law Enforcement Officers’ Pension System; or 17
121	121
122	122	(2) the eligible governmental unit: 18
123	123
124	124	(i) does not provide for the employer pickup of member 19
125	125	contributions to the State system or local plan within the meaning of § 414(h)(2) of the 20
126	126	Internal Revenue Code; and 21
127	127
128	128	(ii) certifies that it will not become an approved employer under § 22
129	129	21–313 of this article on or after the effective date of participation. 23
130	130
131	131	(c) (1) If an eligible governmental unit does not satisfy the requirements 24
132	132	under subsection (b) of this section, the eligible governmental unit may submit a request to 25
133	133	the Board of Trustees to participate in the Law Enforcement Officers’ Pension System. 26
134	134
135	135	(2) The Board of Trustees shall consider a request made under paragraph 27
136	136	(1) of this subsection and determine whether any legislation is necessary to allow the 28
137	137	eligible governmental unit to participate in the Law Enforcement Officers’ Pension System. 29
138	138
139	139	(3) The Board of Trustees shall make recommendations to the Joint 30
140	140	Committee on Pensions regarding any legislation that it determines is necessary to allow 31
141	141	the eligible governmental unit to participate in the Law Enforcement Officers’ Pension 32
142	142	System. 33
143	143
144	144	31–2A–04. 34
145	145	4 HOUSE BILL 1320
146	146
147	147
148	148	[If] EXCEPT AS PROVIDED UN DER § 31–2A–08 OF THIS SUBTITLE , IF a law 1
149	149	enforcement officer, firefighter, emergency medical technician, or paramedic joins the Law 2
150	150	Enforcement Officers’ Pension System on the effective date, the member is entitled to credit 3
151	151	for employment with the participating governmental unit before the effective date. 4
152	152
153	153	31–2A–08. 5
154	154
155	155	(A) THIS SECTION APPLIES TO AN INDIVIDUAL WHO IS EMPLOYED AS A 6
156	156	LOCAL LAW ENFORCEMEN T OFFICER OF THE FOREST HEIGHTS POLICE 7
157	157	DEPARTMENT . 8
158	158
159	159	(B) AN EMPLOYEE OF THE FOREST HEIGHTS POLICE DEPARTMENT WHO 9
160	160	ELECTS MEMBERSHIP IN THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM IN 10
161	161	ACCORDANCE WITH § 26–202(B) OF THIS ARTICLE AND IS AN EMP LOYEE OF THE 11
162	162	FOREST HEIGHTS POLICE DEPARTMENT ON THE EFFECTIVE DAT E SHALL RECEIVE 12
163	163	ELIGIBILITY SERVICE AND CREDITABLE SERVI CE IN THE LAW ENFORCEMENT 13
164	164	OFFICERS’ PENSION SYSTEM EQUAL TO 50% OF THE INDIVIDUAL ’S PERIOD OF 14
165	165	EMPLOYMENT WITH THE FOREST HEIGHTS POLICE DEPARTMENT BEFORE THE 15
166	166	EFFECTIVE DATE AS CE RTIFIED BY THE FOREST HEIGHTS POLICE DEPARTMENT AS 16
167	167	OF THE EFFECTIVE DAT E. 17
168	168
169	169	(C) IF AN EMPLOYEE OR A F ORMER EMPLOYEE OF TH E FOREST HEIGHTS 18
170	170	POLICE DEPARTMENT BECOMES A MEMBER OF THE LAW ENFORCEMENT 19
171	171	OFFICERS’ PENSION SYSTEM AT ANY TIME AF TER THE EFFECTIVE DA TE, THE 20
172	172	EMPLOYEE MAY NOT REC EIVE SERVICE CREDIT FOR EMPLOYMENT WITH THE 21
173	173	FOREST HEIGHTS POLICE DEPARTMENT BEFORE THE EFFECTIVE DATE. 22
174	174
175	175	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 23
176	176	1, 2025. 24