EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1320*
HOUSE BILL 1320
P6 5lr3044
CF SB 865
By: Delegate Valderrama
Introduced and read first time: February 7, 2025
Assigned to: Appropriations
A BILL ENTITLED
AN ACT concerning 1
Law Enforcement Officers’ Pension System – Forest Heights Police Department 2
– Membership 3
FOR the purpose of authorizing certain law enforcement employees of the Forest Heights 4
Police Department to participate in the Law Enforcement Officers’ Pension System; 5
providing that membership in the Law Enforcement Officers’ Pension System is 6
optional for certain employees of the Forest Heights Police Department; requiring 7
certain employees of the Forest Heights Police Department to make a certain election 8
on a certain date; providing for certain employees of the Forest Heights Police 9
Department to receive service credit for certain prior service; providing that certain 10
employees of the Forest Heights Police Department who become members of the Law 11
Enforcement Officers’ Pension System after a certain date may not receive certain 12
service credit; and generally relating to employees of the Forest Heights Police 13
Department participating in the Law Enforcement Officers’ Pension System. 14
BY repealing and reenacting, without amendments, 15
Article – State Personnel and Pensions 16
Section 26–202(b)(1)(vi)2., (2), and (3), 31–2A–01(a) and (f), and 31–2A–03 17
Annotated Code of Maryland 18
(2024 Replacement Volume and 2024 Supplement) 19
BY repealing and reenacting, with amendments, 20
Article – State Personnel and Pensions 21
Section 31–2A–04 22
Annotated Code of Maryland 23
(2024 Replacement Volume and 2024 Supplement) 24
BY adding to 25
Article – State Personnel and Pensions 26
Section 31–2A–08 27
Annotated Code of Maryland 28 2 HOUSE BILL 1320
(2024 Replacement Volume and 2024 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – State Personnel and Pensions 4
26–202. 5
(b) (1) Subject to paragraph (2) of this subsection, membership in the Law 6
Enforcement Officers’ Pension System is optional for an individual described in § 26–201 7
of this subtitle: 8
(vi) who is employed by a participating governmental unit on the 9
effective date of participation: 10
2. on or after July 1, 2017, for that participating 11
governmental unit and who elects membership before the effective date of participation; 12
(2) To elect to be a member of the Law Enforcement Officers’ Pension 13
System, an individual shall file a written application with the State Retirement Agency on 14
a form that the State Retirement Agency provides. 15
(3) (i) An election to join the Law Enforcement Officers’ Pension 16
System under this subsection is a one–time, irrevocable election. 17
(ii) If an individual does not elect membership during the applicable 18
period specified under paragraph (1) of this subsection, the individual may not 19
subsequently become a member of the Law Enforcement Officers’ Pension System. 20
31–2A–01. 21
(a) In this subtitle the following words have the meanings indicated. 22
(f) “Law enforcement officer” means an individual certified by the Maryland 23
Police Training and Standards Commission as a law enforcement officer. 24
31–2A–03. 25
(a) Subject to subsection (b) of this section, the legislative body of an eligible 26
governmental unit may approve participation by its law enforcement officers, firefighters, 27
or emergency medical technicians in the Law Enforcement Officers’ Pension System if: 28
(1) the legislative body adopts a resolution in the form prescribed by the 29
Board of Trustees; and 30
HOUSE BILL 1320 3
(2) the eligible governmental unit participates in a State system or 1
operates a local plan, only if: 2
(i) at least 60% of the law enforcement officers, firefighters, or 3
emergency medical technicians of the eligible governmental unit petition to become 4
members of the Law Enforcement Officers’ Pension System; 5
(ii) the eligible governmental unit satisfies the requirements in 6
subsection (b) of this section; and 7
(iii) the legislative body approves participation of its law enforcement 8
officers, firefighters, or emergency medical technicians in lieu of participation in the State 9
system or local plan. 10
(b) An eligible governmental unit that operates a local plan or participates in a 11
State system may approve participation of its law enforcement officers, firefighters, or 12
emergency medical technicians in the Law Enforcement Officers’ Pension System only if: 13
(1) the State system or local plan of the eligible governmental unit requires 14
member contributions at the same rate as the member contribution rate that would be 15
applicable to the law enforcement officers, firefighters, or emergency medical technicians 16
of the eligible governmental unit in the Law Enforcement Officers’ Pension System; or 17
(2) the eligible governmental unit: 18
(i) does not provide for the employer pickup of member 19
contributions to the State system or local plan within the meaning of § 414(h)(2) of the 20
Internal Revenue Code; and 21
(ii) certifies that it will not become an approved employer under § 22
21–313 of this article on or after the effective date of participation. 23
(c) (1) If an eligible governmental unit does not satisfy the requirements 24
under subsection (b) of this section, the eligible governmental unit may submit a request to 25
the Board of Trustees to participate in the Law Enforcement Officers’ Pension System. 26
(2) The Board of Trustees shall consider a request made under paragraph 27
(1) of this subsection and determine whether any legislation is necessary to allow the 28
eligible governmental unit to participate in the Law Enforcement Officers’ Pension System. 29
(3) The Board of Trustees shall make recommendations to the Joint 30
Committee on Pensions regarding any legislation that it determines is necessary to allow 31
the eligible governmental unit to participate in the Law Enforcement Officers’ Pension 32
System. 33
31–2A–04. 34
4 HOUSE BILL 1320
[If] EXCEPT AS PROVIDED UN DER § 31–2A–08 OF THIS SUBTITLE , IF a law 1
enforcement officer, firefighter, emergency medical technician, or paramedic joins the Law 2
Enforcement Officers’ Pension System on the effective date, the member is entitled to credit 3
for employment with the participating governmental unit before the effective date. 4
31–2A–08. 5
(A) THIS SECTION APPLIES TO AN INDIVIDUAL WHO IS EMPLOYED AS A 6
LOCAL LAW ENFORCEMEN T OFFICER OF THE FOREST HEIGHTS POLICE 7
DEPARTMENT . 8
(B) AN EMPLOYEE OF THE FOREST HEIGHTS POLICE DEPARTMENT WHO 9
ELECTS MEMBERSHIP IN THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM IN 10
ACCORDANCE WITH § 26–202(B) OF THIS ARTICLE AND IS AN EMP LOYEE OF THE 11
FOREST HEIGHTS POLICE DEPARTMENT ON THE EFFECTIVE DAT E SHALL RECEIVE 12
ELIGIBILITY SERVICE AND CREDITABLE SERVI CE IN THE LAW ENFORCEMENT 13
OFFICERS’ PENSION SYSTEM EQUAL TO 50% OF THE INDIVIDUAL ’S PERIOD OF 14
EMPLOYMENT WITH THE FOREST HEIGHTS POLICE DEPARTMENT BEFORE THE 15
EFFECTIVE DATE AS CE RTIFIED BY THE FOREST HEIGHTS POLICE DEPARTMENT AS 16
OF THE EFFECTIVE DAT E. 17
(C) IF AN EMPLOYEE OR A F ORMER EMPLOYEE OF TH E FOREST HEIGHTS 18
POLICE DEPARTMENT BECOMES A MEMBER OF THE LAW ENFORCEMENT 19
OFFICERS’ PENSION SYSTEM AT ANY TIME AF TER THE EFFECTIVE DA TE, THE 20
EMPLOYEE MAY NOT REC EIVE SERVICE CREDIT FOR EMPLOYMENT WITH THE 21
FOREST HEIGHTS POLICE DEPARTMENT BEFORE THE EFFECTIVE DATE. 22
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 23
1, 2025. 24