MD
Maryland House Bill HB76

Maryland 2025 Regular Session

Maryland House Bill HB76 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *hb0076*
96
107 HOUSE BILL 76
118 E4, P4 5lr1079
12- (PRE–FILED) CF SB 396
9+ (PRE–FILED) CF 5lr1080
1310 By: Delegates Lehman, Bagnall, D. Jones, Pena–Melnyk, Ruth, Solomon, and
1411 Terrasa
1512 Requested: October 2, 2024
1613 Introduced and read first time: January 8, 2025
1714 Assigned to: Appropriations
18-Committee Report: Favorable with amendments
19-House action: Adopted
20-Read second time: March 7, 2025
2115
22-CHAPTER ______
16+A BILL ENTITLED
2317
2418 AN ACT concerning 1
2519
2620 Public Safety Officer – Performance of Duties – Death and Disability Benefits 2
2721
2822 FOR the purpose of altering circumstances under which certain individuals are presumed 3
2923 to have died as a direct and proximate result of an injury sustained in the 4
3024 performance of duties for purposes of eligibility for death benefits; altering the 5
3125 circumstances under which certain individuals are eligible for certain disability 6
3226 benefits; authorizing certain 9–1–1 specialists to become members of the Law 7
3327 Enforcement Officers’ Pension System as employees of a participating governmental 8
34-unit; and generally relating to death and disability benefits and benefits for public 9
35-safety officers. 10
28+unit; and generally relating to death and disability benefits and public safety officers. 9
3629
37-BY repealing and reenacting, with amendments, 11
38- Article – Public Safety 12
39-Section 1–202 and 7–202 13
40- Annotated Code of Maryland 14
41- (2022 Replacement Volume and 2024 Supplement) 15
30+BY repealing and reenacting, with amendments, 10
31+ Article – Public Safety 11
32+Section 1–202 and 7–202 12
33+ Annotated Code of Maryland 13
34+ (2022 Replacement Volume and 2024 Supplement) 14
4235
43-BY repealing and reenacting, with amendments, 16
44- Article – State Personnel and Pensions 17
45-Section 29–109, 29–111, 31–2A–01, 31–2A–03, 31–2A–04, and 31–2A–05 18
46- Annotated Code of Maryland 19
47- (2024 Replacement Volume and 2024 Supplement) 20
36+BY repealing and reenacting, with amendments, 15
37+ Article – State Personnel and Pensions 16
38+Section 29–109, 29–111, 31–2A–01, 31–2A–03, 31–2A–04, and 31–2A–05 17
39+ Annotated Code of Maryland 18
40+ (2024 Replacement Volume and 2024 Supplement) 19
41+
42+BY repealing and reenacting, without amendments, 20
43+ Article – State Personnel and Pensions 21
44+Section 31–2A–02 and 31–2A–03.1 22
45+ Annotated Code of Maryland 23
46+ (2024 Replacement Volume and 2024 Supplement) 24
4847 2 HOUSE BILL 76
4948
5049
51-BY repealing and reenacting, without amendments, 1
52- Article – State Personnel and Pensions 2
53-Section 31–2A–02 and 31–2A–03.1 3
54- Annotated Code of Maryland 4
55- (2024 Replacement Volume and 2024 Supplement) 5
50+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
51+That the Laws of Maryland read as follows: 2
5652
57- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
58-That the Laws of Maryland read as follows: 7
53+Article – Public Safety 3
5954
60-Article – Public Safety 8
55+1–202. 4
6156
62-1–202. 9
57+ (a) (1) In this section the following words have the meanings indicated. 5
6358
64- (a) (1) In this section the following words have the meanings indicated. 10
59+ (2) (i) “Child” means a natural or adopted, legitimate or illegitimate 6
60+child or stepchild of the decedent. 7
6561
66- (2) (i) “Child” means a natural or adopted, legitimate or illegitimate 11
67-child or stepchild of the decedent. 12
62+ (ii) “Child” includes a child or stepchild born posthumously. 8
6863
69- (ii) “Child” includes a child or stepchild born posthumously. 13
64+ (3) “Correctional officer” has the meaning stated in § 8–201(e)(1) of the 9
65+Correctional Services Article. 10
7066
71- (3) “Correctional officer” has the meaning stated in § 8–201(e)(1) of the 14
72-Correctional Services Article. 15
67+ (4) “Emergency medical services provider” has the meaning stated in § 11
68+13–516 of the Education Article. 12
7369
74- (4) “Emergency medical services provider” has the meaning stated in § 16
75-13–516 of the Education Article. 17
70+ (5) “Hazardous material” means any substance regulated as a hazardous 13
71+material under Title 49 of the Code of Federal Regulations. 14
7672
77- (5) “Hazardous material” means any substance regulated as a hazardous 18
78-material under Title 49 of the Code of Federal Regulations. 19
73+ (6) “Hazardous material response team employee” means an employee of 15
74+the Department of the Environment or a local government agency who is on call 24 hours 16
75+a day to provide emergency response to a discharge of oil or a release of hazardous material 17
76+or other emergency response activity. 18
7977
80- (6) “Hazardous material response team employee” means an employee of 20
81-the Department of the Environment or a local government agency who is on call 24 hours 21
82-a day to provide emergency response to a discharge of oil or a release of hazardous material 22
83-or other emergency response activity. 23
78+ (7) (i) “Law enforcement officer” has the meaning stated in § 1–101 of 19
79+this title. 20
8480
85- (7) (i) “Law enforcement officer” has the meaning stated in § 1–101 of 24
86-this title. 25
81+ (ii) “Law enforcement officer” includes: 21
8782
88- (ii) “Law enforcement officer” includes: 26
83+ 1. an officer who serves in a probationary status; and 22
8984
90- 1. an officer who serves in a probationary status; and 27
85+ 2. an officer who serves at the pleasure of the appointing 23
86+authority of a county or municipal corporation. 24
9187
92- 2. an officer who serves at the pleasure of the appointing 28
93-authority of a county or municipal corporation. 29
88+ (8) “9–1–1 SPECIALIST” HAS THE MEANING STAT ED IN § 1–301 OF 25
89+THIS TITLE. 26
9490
95- (8) “9–1–1 SPECIALIST” HAS THE MEANING STAT ED IN § 1–301 OF 30
96-THIS TITLE. 31
91+ (9) “Performance of duties” includes, in the case of a volunteer or career 27
92+firefighter, public safety aviation employee, rescue squad member, or hazardous material 28
93+response team employee: 29
94+
95+ (i) actively participating in fighting a fire; 30
9796 HOUSE BILL 76 3
9897
9998
100- (9) “Performance of duties” includes, in the case of a volunteer or career 1
101-firefighter, public safety aviation employee, rescue squad member, or hazardous material 2
102-response team employee: 3
99+ (ii) going to or from a fire; 1
103100
104- (i) actively participating in fighting a fire; 4
101+ (iii) performing other duties necessary to the operation or 2
102+maintenance of the fire company; 3
105103
106- (ii) going to or from a fire; 5
104+ (iv) actively participating in the ambulance, advanced life support, 4
105+or rescue work of an advanced life support unit or a fire, ambulance, or rescue company, 5
106+including going to or from an emergency or rescue; 6
107107
108- (iii) performing other duties necessary to the operation or 6
109-maintenance of the fire company; 7
108+ (v) providing emergency or rescue assistance, whether acting alone 7
109+or at the direction of or with a fire, ambulance, or rescue company or advanced life support 8
110+unit; 9
110111
111- (iv) actively participating in the ambulance, advanced life support, 8
112-or rescue work of an advanced life support unit or a fire, ambulance, or rescue company, 9
113-including going to or from an emergency or rescue; 10
112+ (vi) actively participating in flight operations as a crew member in a 10
113+rotary or fixed wing aircraft; and 11
114114
115- (v) providing emergency or rescue assistance, whether acting alone 11
116-or at the direction of or with a fire, ambulance, or rescue company or advanced life support 12
117-unit; 13
115+ (vii) providing emergency response to a discharge of oil or a release of 12
116+hazardous material or other emergency response activity. 13
118117
119- (vi) actively participating in flight operations as a crew member in a 14
120-rotary or fixed wing aircraft; and 15
118+ [(9)] (10) “Public safety aviation employee” includes a pilot and aviation 14
119+maintenance technician employed by the State. 15
121120
122- (vii) providing emergency response to a discharge of oil or a release of 16
123-hazardous material or other emergency response activity. 17
121+ [(10)] (11) “Stepchild” means a child of the surviving spouse who was living 16
122+with or dependent for support on the decedent at the time of the decedent’s death. 17
124123
125- [(9)] (10) “Public safety aviation employee” includes a pilot and aviation 18
126-maintenance technician employed by the State. 19
124+ (a–1) For purposes of this section, an individual served in the Afghanistan or Iraq 18
125+conflict if the individual was a member of the uniformed services of the United States who 19
126+served in: 20
127127
128- [(10)] (11) “Stepchild” means a child of the surviving spouse who was living 20
129-with or dependent for support on the decedent at the time of the decedent’s death. 21
128+ (1) Afghanistan or contiguous air space, as defined in federal regulations, 21
129+on or after October 24, 2001, and before a terminal date to be prescribed by the United 22
130+States Secretary of Defense; or 23
130131
131- (a–1) For purposes of this section, an individual served in the Afghanistan or Iraq 22
132-conflict if the individual was a member of the uniformed services of the United States who 23
133-served in: 24
132+ (2) Iraq or contiguous waters or air space, as defined in federal regulations, 24
133+on or after March 19, 2003, and before a terminal date to be prescribed by the United States 25
134+Secretary of Defense. 26
134135
135- (1) Afghanistan or contiguous air space, as defined in federal regulations, 25
136-on or after October 24, 2001, and before a terminal date to be prescribed by the United 26
137-States Secretary of Defense; or 27
136+ (b) (1) Except as provided in subsections [(f)(4)] (G)(3) and [(j)] (K) of this 27
137+section and subject to [subsection] SUBSECTIONS (c) AND (F) of this section and 28
138+paragraphs (2) and (3) of this subsection, a death benefit of $125,000 shall be paid to the 29
139+surviving spouse, child, dependent parent, or estate of each of the following individuals who 30
140+is killed or dies in the performance of duties on or after January 1, 2006: 31
138141
139- (2) Iraq or contiguous waters or air space, as defined in federal regulations, 28
140-on or after March 19, 2003, and before a terminal date to be prescribed by the United States 29
141-Secretary of Defense. 30
142+ (i) a law enforcement officer; 32
142143
143- (b) (1) Except as provided in subsections [(f)(4)] (G)(3) and [(j)] (K) of this 31
144-section and subject to [subsection] SUBSECTIONS (c) AND (F) of this section and 32
145-paragraphs (2) and (3) of this subsection, a death benefit of $125,000 shall be paid to the 33 4 HOUSE BILL 76
144+ (ii) a correctional officer; 33
145+ 4 HOUSE BILL 76
146146
147147
148-surviving spouse, child, dependent parent, or estate of each of the following individuals who 1
149-is killed or dies in the performance of duties on or after January 1, 2006: 2
148+ (iii) a volunteer or career firefighter or rescue squad member; 1
150149
151- (i) a law enforcement officer; 3
150+ (iv) a sworn member of the office of State Fire Marshal; 2
152151
153- (ii) a correctional officer; 4
152+ (v) a public safety aviation employee; 3
154153
155- (iii) a volunteer or career firefighter or rescue squad member; 5
154+ (vi) a Maryland resident who was a member of the uniform services 4
155+of the United States serving in the Afghanistan or Iraq conflict; [or] 5
156156
157- (iv) a sworn member of the office of State Fire Marshal; 6
157+ (vii) a hazardous material response team employee; OR 6
158158
159- (v) a public safety aviation employee; 7
159+ (VIII) A 9–1–1 SPECIALIST. 7
160160
161- (vi) a Maryland resident who was a member of the uniform services 8
162-of the United States serving in the Afghanistan or Iraq conflict; [or] 9
161+ (2) For fiscal year 2009, and for each following fiscal year, the death benefit 8
162+provided in the prior fiscal year shall be adjusted by any change in the calendar year 9
163+preceding the fiscal year in the Consumer Price Index (All Urban Consumers – United 10
164+States City Average – All Items), as published by the United States Bureau of Labor 11
165+Statistics. 12
163166
164- (vii) a hazardous material response team employee; OR 10
167+ (3) (i) Except as provided in subparagraphs (ii) and (iii) of this 13
168+paragraph, an application for a death benefit under this subsection shall be submitted 14
169+within 3 years after the death of the decedent. 15
165170
166- (VIII) A 9–1–1 SPECIALIST. 11
171+ (ii) If the decedent died before June 1, 2010, an application for a 16
172+death benefit under this subsection shall be submitted on or before May 31, 2013. 17
167173
168- (2) For fiscal year 2009, and for each following fiscal year, the death benefit 12
169-provided in the prior fiscal year shall be adjusted by any change in the calendar year 13
170-preceding the fiscal year in the Consumer Price Index (All Urban Consumers – United 14
171-States City Average – All Items), as published by the United States Bureau of Labor 15
172-Statistics. 16
174+ (iii) An application for a death benefit under subsection [(f)(4)] (G)(3) 18
175+of this section shall be submitted within 3 years of the finding of evidence that the death of 19
176+the decedent resulted from an act committed against the decedent by another due to the 20
177+nature and performance of the decedent’s duties. 21
173178
174- (3) (i) Except as provided in subparagraphs (ii) and (iii) of this 17
175-paragraph, an application for a death benefit under this subsection shall be submitted 18
176-within 3 years after the death of the decedent. 19
179+ (4) A death benefit under this subsection is in addition to: 22
177180
178- (ii) If the decedent died before June 1, 2010, an application for a 20
179-death benefit under this subsection shall be submitted on or before May 31, 2013. 21
181+ (i) any workers’ compensation benefits; 23
180182
181- (iii) An application for a death benefit under subsection [(f)(4)] (G)(3) 22
182-of this section shall be submitted within 3 years of the finding of evidence that the death of 23
183-the decedent resulted from an act committed against the decedent by another due to the 24
184-nature and performance of the decedent’s duties. 25
183+ (ii) the proceeds of any form of life insurance, regardless of who paid 24
184+the premiums on the insurance; and 25
185185
186- (4) A death benefit under this subsection is in addition to: 26
186+ (iii) the funeral benefit provided under subsection (d) of this section. 26
187187
188- (i) any workers’ compensation benefits; 27
188+ (5) On receiving notice of the death of an individual described in paragraph 27
189+(1) of this subsection, the Department of Public Safety and Correctional Services shall take 28
190+reasonable steps to notify potential recipients of the potential death benefits available 29
191+under this subsection: 30
189192
190- (ii) the proceeds of any form of life insurance, regardless of who paid 28
191-the premiums on the insurance; and 29
192-
193- (iii) the funeral benefit provided under subsection (d) of this section. 30
193+ (i) when the Department receives notice of the death; and 31
194194 HOUSE BILL 76 5
195195
196196
197- (5) On receiving notice of the death of an individual described in paragraph 1
198-(1) of this subsection, the Department of Public Safety and Correctional Services shall take 2
199-reasonable steps to notify potential recipients of the potential death benefits available 3
200-under this subsection: 4
197+ (ii) again 1 year after the date of the death, if an application for a 1
198+death benefit with respect to the death of the decedent has not been submitted. 2
201199
202- (i) when the Department receives notice of the death; and 5
200+ (c) (1) Whenever an individual identified in subsection (b)(1)(i) through (v) 3
201+and (vii) of this section dies as the direct and proximate result of a heart attack or stroke, 4
202+the individual shall be presumed to have died as a direct and proximate result of a personal 5
203+injury sustained in the performance of duties if: 6
203204
204- (ii) again 1 year after the date of the death, if an application for a 6
205-death benefit with respect to the death of the decedent has not been submitted. 7
205+ (i) the individual, while on duty: 7
206206
207- (c) (1) Whenever an individual identified in subsection (b)(1)(i) through (v) 8
208-and (vii) of this section dies as the direct and proximate result of a heart attack or stroke, 9
209-the individual shall be presumed to have died as a direct and proximate result of a personal 10
210-injury sustained in the performance of duties if: 11
207+ 1. engaged in a situation that involved nonroutine stressful 8
208+or strenuous physical law enforcement, fire suppression, rescue, response to a discharge of 9
209+oil or a release of hazardous material, emergency medical services, prison security, disaster 10
210+relief, flight operations as a crew member in a rotary or fixed wing aircraft, or other 11
211+emergency response activity; or 12
211212
212- (i) the individual, while on duty: 12
213+ 2. participated in a training exercise that involved 13
214+nonroutine stressful or strenuous physical activity; 14
213215
214- 1. engaged in a situation that involved nonroutine stressful 13
215-or strenuous physical law enforcement, fire suppression, rescue, response to a discharge of 14
216-oil or a release of hazardous material, emergency medical services, prison security, disaster 15
217-relief, flight operations as a crew member in a rotary or fixed wing aircraft, or other 16
218-emergency response activity; or 17
216+ (ii) the individual died as a result of a heart attack or stroke that the 15
217+individual suffered: 16
219218
220- 2. participated in a training exercise that involved 18
221-nonroutine stressful or strenuous physical activity; 19
219+ 1. while engaging or participating in an activity described in 17
220+item (i)1 or 2 of this paragraph; 18
222221
223- (ii) the individual died as a result of a heart attack or stroke that the 20
224-individual suffered: 21
222+ 2. while still on duty after engaging or participating in an 19
223+activity described in item (i)1 or 2 of this paragraph; or 20
225224
226- 1. while engaging or participating in an activity described in 22
227-item (i)1 or 2 of this paragraph; 23
225+ 3. not later than 24 hours after engaging or participating in 21
226+an activity described in item (i)1 or 2 of this paragraph; and 22
228227
229- 2. while still on duty after engaging or participating in an 24
230-activity described in item (i)1 or 2 of this paragraph; or 25
228+ (iii) the presumption is not overcome by competent medical evidence 23
229+to the contrary. 24
231230
232- 3. not later than 24 hours after engaging or participating in 26
233-an activity described in item (i)1 or 2 of this paragraph; and 27
231+ (2) For purposes of paragraph (1) of this subsection, nonroutine stressful 25
232+or strenuous physical activity does not include actions of a clerical, administrative, or 26
233+nonmanual nature. 27
234234
235- (iii) the presumption is not overcome by competent medical evidence 28
236-to the contrary. 29
235+ (d) (1) Except as provided in subsection [(j)] (K) of this section, reasonable 28
236+funeral expenses, not exceeding $25,000, shall be paid to the surviving spouse, child, 29
237+parent, or estate of each of the following individuals who is killed or dies in the performance 30
238+of duties: 31
237239
238- (2) For purposes of paragraph (1) of this subsection, nonroutine stressful 30
239-or strenuous physical activity does not include actions of a clerical, administrative, or 31
240-nonmanual nature. 32
240+ (i) a law enforcement officer; 32
241241
242- (d) (1) Except as provided in subsection [(j)] (K) of this section, reasonable 33
243-funeral expenses, not exceeding $25,000, shall be paid to the surviving spouse, child, 34 6 HOUSE BILL 76
242+ (ii) a correctional officer; 33
243+ 6 HOUSE BILL 76
244244
245245
246-parent, or estate of each of the following individuals who is killed or dies in the performance 1
247-of duties: 2
246+ (iii) a volunteer or career firefighter or rescue squad member; 1
248247
249- (i) a law enforcement officer; 3
248+ (iv) a public safety aviation employee; 2
250249
251- (ii) a correctional officer; 4
250+ (v) a sworn member of the office of State Fire Marshal; or 3
252251
253- (iii) a volunteer or career firefighter or rescue squad member; 5
252+ (vi) a hazardous material response team employee. 4
254253
255- (iv) a public safety aviation employee; 6
254+ (2) For fiscal year 2026 and each fiscal year thereafter, the funeral benefit 5
255+provided in the prior fiscal year shall be adjusted by any change in the calendar year 6
256+preceding the fiscal year in the Consumer Price Index (All Urban Consumers – United 7
257+States City Average – All Items), as published by the United States Bureau of Labor 8
258+Statistics. 9
256259
257- (v) a sworn member of the office of State Fire Marshal; or 7
260+ (e) (1) The Secretary of State shall issue a State flag to the family of a 10
261+firefighter, policeman, member of the military, sworn member of the office of State Fire 11
262+Marshal, or professional or volunteer emergency medical services provider who is killed in 12
263+the performance of duty. 13
258264
259- (vi) a hazardous material response team employee. 8
265+ (2) (i) Except when the deceased is a member of the military, the flag 14
266+shall be presented to the family of the deceased by the State Senator of the legislative 15
267+district in which the deceased resided or served. 16
260268
261- (2) For fiscal year 2026 and each fiscal year thereafter, the funeral benefit 9
262-provided in the prior fiscal year shall be adjusted by any change in the calendar year 10
263-preceding the fiscal year in the Consumer Price Index (All Urban Consumers – United 11
264-States City Average – All Items), as published by the United States Bureau of Labor 12
265-Statistics. 13
269+ (ii) When the deceased is a member of the military, the flag shall be 17
270+presented to the family of the deceased by the Department of Veterans and Military 18
271+Families. 19
266272
267- (e) (1) The Secretary of State shall issue a State flag to the family of a 14
268-firefighter, policeman, member of the military, sworn member of the office of State Fire 15
269-Marshal, or professional or volunteer emergency medical services provider who is killed in 16
270-the performance of duty. 17
273+ (F) AN INDIVIDUAL IDENTIF IED IN SUBSECTION (B)(1)(I) THROUGH (VIII) 20
274+OF THIS SECTION SHAL L BE PRESUMED TO HAV E DIED AS A DIRECT A ND PROXIMATE 21
275+RESULT OF AN INJURY SUSTAINED IN THE PER FORMANCE OF DUTIES I F: 22
271276
272- (2) (i) Except when the deceased is a member of the military, the flag 18
273-shall be presented to the family of the deceased by the State Senator of the legislative 19
274-district in which the deceased resided or served. 20
277+ (1) (I) THE INDIVIDUAL WAS D IAGNOSED BY A LICENS ED MEDICAL 23
278+OR MENTAL HEALTH PRO FESSIONAL WITH POST –TRAUMATIC STRESS DIS ORDER, 24
279+ACUTE STRESS DISORDE R, OR A TRAUMA– AND STRESS–RELATED DISORDER ; AND 25
275280
276- (ii) When the deceased is a member of the military, the flag shall be 21
277-presented to the family of the deceased by the Department of Veterans and Military 22
278-Families. 23
281+ (II) THE DIAGNOSIS UNDER ITEM (I) OF THIS ITEM RESULTE D 26
282+DUE TO THE NATURE AN D PERFORMANCE OF THE INDIVIDUAL’S DUTIES; AND 27
279283
280- (F) AN INDIVIDUAL IDENTIF IED IN SUBSECTION (B)(1)(I) THROUGH (VIII) 24
281-OF THIS SECTION SHAL L BE PRESUMED TO HAV E DIED AS A DIRECT A ND PROXIMATE 25
282-RESULT OF AN INJURY SUSTAINED IN THE PER FORMANCE OF DUTIES I F: 26
284+ (2) THE INDIVIDUAL ’S DEATH OCCURS BY SU ICIDE. 28
283285
284- (1) (I) THE INDIVIDUAL WAS D IAGNOSED BY A LICENS ED MEDICAL 27
285-OR MENTAL HEALTH PRO FESSIONAL WITH POST –TRAUMATIC STRESS DISORDER , 28
286-ACUTE STRESS DISORDE R, OR A TRAUMA– AND STRESS–RELATED DISORDER ; AND 29
286+ [(f)] (G) On a case–by–case basis, the Secretary of Public Safety and 29
287+Correctional Services may award a death benefit under this section if: 30
287288
288- (II) THE DIAGNOSIS UNDER ITEM (I) OF THIS ITEM RESULTE D 30
289-DUE TO THE NATURE AN D PERFORMANCE OF THE INDIVIDUAL’S DUTIES; AND 31
290-
291- (2) THE INDIVIDUAL ’S DEATH OCCURS BY SU ICIDE. 32 HOUSE BILL 76 7
289+ (1) the decedent’s death was caused by the decedent’s intentional 31
290+misconduct; 32
291+ HOUSE BILL 76 7
292292
293293
294+ (2) [the decedent intended to bring about the decedent’s death; 1
294295
295- [(f)] (G) On a case–by–case basis, the Secretary of Public Safety and 1
296-Correctional Services may award a death benefit under this section if: 2
296+ (3)] the decedent’s voluntary intoxication was the proximate cause of the 2
297+decedent’s death; or 3
297298
298- (1) the decedent’s death was caused by the decedent’s intentional 3
299-misconduct; 4
299+ [(4)] (3) additional evidence arises that the decedent’s death resulted 4
300+from an act committed against the decedent by another due to the nature and performance 5
301+of the decedent’s duties. 6
300302
301- (2) [the decedent intended to bring about the decedent’s death; 5
303+ [(g)] (H) If the Secretary of Public Safety and Correctional Services determines 7
304+that the benefits under this section are to be paid, the benefits shall be paid: 8
302305
303- (3)] the decedent’s voluntary intoxication was the proximate cause of the 6
304-decedent’s death; or 7
306+ (1) to the decedent’s surviving spouse; 9
305307
306- [(4)] (3) additional evidence arises that the decedent’s death resulted 8
307-from an act committed against the decedent by another due to the nature and performance 9
308-of the decedent’s duties. 10
308+ (2) if no individual is eligible under item (1) of this subsection, to each 10
309+surviving child of the decedent in equal shares; 11
309310
310- [(g)] (H) If the Secretary of Public Safety and Correctional Services determines 11
311-that the benefits under this section are to be paid, the benefits shall be paid: 12
311+ (3) (i) for a death benefit under subsection (b) of this section, if no 12
312+individual is eligible under item (1) or (2) of this subsection, to the decedent’s surviving 13
313+parent, if the parent was a dependent as defined in § 152 of the Internal Revenue Code; or 14
312314
313- (1) to the decedent’s surviving spouse; 13
315+ (ii) for any other benefit under this section, if no individual is eligible 15
316+under item (1) or (2) of this subsection, to the decedent’s surviving parent; or 16
314317
315- (2) if no individual is eligible under item (1) of this subsection, to each 14
316-surviving child of the decedent in equal shares; 15
318+ (4) if no individual is eligible under item (1), (2), or (3) of this subsection, 17
319+to the decedent’s estate. 18
317320
318- (3) (i) for a death benefit under subsection (b) of this section, if no 16
319-individual is eligible under item (1) or (2) of this subsection, to the decedent’s surviving 17
320-parent, if the parent was a dependent as defined in § 152 of the Internal Revenue Code; or 18
321+ [(h)] (I) Payments under this section shall be made out of money that the 19
322+Governor includes for that purpose in the State budget. 20
321323
322- (ii) for any other benefit under this section, if no individual is eligible 19
323-under item (1) or (2) of this subsection, to the decedent’s surviving parent; or 20
324+ [(i)] (J) A person aggrieved by a final decision of the Secretary of Public Safety 21
325+and Correctional Services under this section may seek judicial review as provided for review 22
326+of final decisions in Title 10, Subtitle 2 of the State Government Article. 23
324327
325- (4) if no individual is eligible under item (1), (2), or (3) of this subsection, 21
326-to the decedent’s estate. 22
328+ [(j)] (K) (1) This subsection applies only to a death benefit under subsection 24
329+(b) of this section or a funeral benefit under subsection (d) of this section payable on behalf 25
330+of a hazardous material response team employee employed by a local government agency. 26
327331
328- [(h)] (I) Payments under this section shall be made out of money that the 23
329-Governor includes for that purpose in the State budget. 24
332+ (2) (i) A death benefit or funeral benefit may only be paid if the local 27
333+government agency that employs the hazardous material response team employee 28
334+maintains in reserve the amount needed to pay for one death benefit and one funeral 29
335+expense for a hazardous material response team employee. 30
330336
331- [(i)] (J) A person aggrieved by a final decision of the Secretary of Public Safety 25
332-and Correctional Services under this section may seek judicial review as provided for review 26
333-of final decisions in Title 10, Subtitle 2 of the State Government Article. 27
334-
335- [(j)] (K) (1) This subsection applies only to a death benefit under subsection 28
336-(b) of this section or a funeral benefit under subsection (d) of this section payable on behalf 29
337-of a hazardous material response team employee employed by a local government agency. 30
338- 8 HOUSE BILL 76
337+ (ii) If the Secretary of Public Safety and Correctional Services 31
338+determines that a death benefit or funeral benefit is to be paid, the local government agency 32
339+that employed the hazardous material response team employee shall pay to the 33 8 HOUSE BILL 76
339340
340341
341- (2) (i) A death benefit or funeral benefit may only be paid if the local 1
342-government agency that employs the hazardous material response team employee 2
343-maintains in reserve the amount needed to pay for one death benefit and one funeral 3
344-expense for a hazardous material response team employee. 4
342+Department of Public Safety and Correctional Services the funds required to pay the 1
343+benefit. 2
345344
346- (ii) If the Secretary of Public Safety and Correctional Services 5
347-determines that a death benefit or funeral benefit is to be paid, the local government agency 6
348-that employed the hazardous material response team employee shall pay to the 7
349-Department of Public Safety and Correctional Services the funds required to pay the 8
350-benefit. 9
345+ (3) (i) A local government agency is not required to place funds in 3
346+reserve under paragraph (2)(i) of this subsection. 4
351347
352- (3) (i) A local government agency is not required to place funds in 10
353-reserve under paragraph (2)(i) of this subsection. 11
348+ (ii) If a local government agency does not place funds in reserve 5
349+under paragraph (2)(i) of this subsection, a death benefit or funeral benefit as provided for 6
350+under this subsection may not be paid. 7
354351
355- (ii) If a local government agency does not place funds in reserve 12
356-under paragraph (2)(i) of this subsection, a death benefit or funeral benefit as provided for 13
357-under this subsection may not be paid. 14
352+7–202. 8
358353
359-7–202. 15
354+ (a) (1) A member of a volunteer fire company or volunteer rescue squad is 9
355+eligible for disability benefits from the Maryland State Firemen’s Association if: 10
360356
361- (a) (1) A member of a volunteer fire company or volunteer rescue squad is 16
362-eligible for disability benefits from the Maryland State Firemen’s Association if: 17
357+ (i) 1. the member’s fire company or rescue squad recommends 11
358+that the member receive benefits; and 12
363359
364- (i) 1. the member’s fire company or rescue squad recommends 18
365-that the member receive benefits; and 19
360+ [(ii)] 2. the member is permanently or temporarily disabled: 13
366361
367- [(ii)] 2. the member is permanently or temporarily disabled: 20
362+ [1.] A. as a direct result of actively participating in fighting 14
363+a fire; 15
368364
369- [1.] A. as a direct result of actively participating in fighting 21
370-a fire; 22
365+ [2.] B. while going to or from a fire; 16
371366
372- [2.] B. while going to or from a fire; 23
367+ [3.] C. while performing other duties necessary to the 17
368+operation or maintenance of the fire company; 18
373369
374- [3.] C. while performing other duties necessary to the 24
375-operation or maintenance of the fire company; 25
370+ [4.] D. while actively participating in the emergency 19
371+medical services unit, or rescue work of a volunteer advanced life support unit or a 20
372+volunteer fire, ambulance, or rescue company located in the State; or 21
376373
377- [4.] D. while actively participating in the emergency 26
378-medical services unit, or rescue work of a volunteer advanced life support unit or a 27
379-volunteer fire, ambulance, or rescue company located in the State; or 28
374+ [5.] E. while providing emergency or rescue assistance, 22
375+whether acting alone or at the direction of or with a fire, ambulance, or rescue company or 23
376+advanced life support unit; OR 24
380377
381- [5.] E. while providing emergency or rescue assistance, 29
382-whether acting alone or at the direction of or with a fire, ambulance, or rescue company or 30
383-advanced life support unit; OR 31
378+ (II) THE MEMBER IS MENTAL LY OR PHYSICALLY 25
379+INCAPACITATED FOR TH E FURTHER PERFORMANC E OF THE NORMAL DUTI ES OF THE 26
380+MEMBER’S POSITION AND: 27
381+
382+ 1. THE MEMBER WAS DIAGN OSED BY A LICENSED 28
383+MEDICAL OR MENTAL HE ALTH PROFESSIONAL WI TH POST–TRAUMATIC STRESS 29
384+DISORDER, ACUTE STRESS DISORDE R, OR A TRAUMA – AND STRESS –RELATED 30
385+DISORDER; 31
384386 HOUSE BILL 76 9
385387
386388
387- (II) THE MEMBER IS MENTAL LY OR PHYSICALLY 1
388-INCAPACITATED FOR TH E FURTHER PERFORMANCE OF THE N ORMAL DUTIES OF THE 2
389-MEMBER’S POSITION AND: 3
390-
391- 1. THE MEMBER WAS DIAGN OSED BY A LICENSED 4
392-MEDICAL OR MENTAL HE ALTH PROFESSIONAL WI TH POST–TRAUMATIC STRESS 5
393-DISORDER, ACUTE STRESS DISORDE R, OR A TRAUMA – AND STRESS –RELATED 6
394-DISORDER; 7
395-
396- 2. THE DIAGNOSIS UNDER ITEM 1 OF THIS ITEM 8
397-RESULTED DUE TO THE NATURE AND PERFORMAN CE OF THE NORMAL DUT IES OF 9
398-THE MEMBER ’S POSITION; 10
399-
400- 3. THE INCAPACITY IS LI KELY TO BE PERMANENT ; AND 11
401-
402- 4. THE MEMBER SHOULD BE RETIRED. 12
403-
404- (2) A benefit under this section shall be paid: 13
405-
406- (i) regardless of the district in which the beneficiary was disabled; 14
407-or 15
408-
409- (ii) regardless of whether the beneficiary was disabled in this State, 16
410-Delaware, the District of Columbia, Pennsylvania, Virginia, or West Virginia. 17
411-
412- (b) The Board shall pay a benefit under this section from the treasury of the 18
413-Maryland State Firemen’s Association in the amount and in the manner that the Board 19
414-determines until the beneficiary is no longer disabled. 20
415-
416- (c) The secretary of the Board shall add the name of each beneficiary under this 21
417-section to the Disabled Firemen’s and Rescue Squadmen’s List. 22
418-
419-Article – State Personnel and Pensions 23
420-
421-29–109. 24
422-
423- (a) This section does not apply to the State Police Retirement System. 25
424-
425- (b) Except as provided in subsection (c) of this section, the Board of Trustees shall 26
426-grant an accidental disability retirement allowance to a member if: 27
427-
428- (1) the member is totally and permanently incapacitated for duty as the 28
429-natural and proximate result of an accident that occurred in the actual performance of duty 29
430-at a definite time and place without willful negligence by the member; and 30
431-
432- (2) the medical board certifies that: 31 10 HOUSE BILL 76
433-
434-
435-
436- (i) the member is mentally or physically incapacitated for the 1
437-further performance of the normal duties of the member’s position; 2
438-
439- (ii) the incapacity is likely to be permanent; and 3
440-
441- (iii) the member should be retired. 4
442-
443- (c) The Board of Trustees shall grant an accidental disability retirement 5
444-allowance to a member of the Law Enforcement Officers’ Pension System if: 6
445-
446- (1) the member is totally and permanently incapacitated for duty arising 7
447-out of or in the course of the actual performance of duty without willful negligence by the 8
448-member; and 9
449-
450- (2) the medical board certifies that: 10
451-
452- (i) the member is totally incapacitated, either mentally or 11
453-physically, for the further performance of duty; 12
454-
455- (ii) the incapacity is likely to be permanent; and 13
456-
457- (iii) the member should be retired. 14
458-
459- (D) (1) THIS SUBSECTION APPLI ES ONLY TO MEMBERS O F: 15
460-
461- (I) THE CORRECTIONAL OFFICERS’ RETIREMENT SYSTEM; 16
462-
463- (II) THE LOCAL FIRE AND POLICE SYSTEM; AND 17
464-
465- (III) THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM. 18
466-
467- (2) A MEMBER IDENTIFIED UN DER PARAGRAPH (1)(I) OR (II) OF THIS 19
468-SUBSECTION SHALL BE PRESUMED TO BE TOTALLY AND PERMANEN TLY 20
469-INCAPACITATED FOR DU TY AS THE NATURAL AN D PROXIMATE RESULT O F AN 21
470-ACCIDENT THAT OCCURR ED IN THE ACTUAL PER FORMANCE OF DUTY AND THE 22
471-BOARD OF TRUSTEES SHALL GRANT AN ACCIDENTAL DISABI LITY RETIREMENT 23
472-ALLOWANCE TO THE MEM BER IF THE MEDIC AL BOARD CERTIFIES T HAT: 24
473-
474- (I) THE MEMBER IS MENTAL LY OR PHYSICALLY 25
475-INCAPACITATED FOR TH E FURTHER PERFORMANC E OF THE NORMAL DUTI ES OF THE 26
476-MEMBER’S POSITION; 27
477-
478- (II) THE MEMBER WAS DIAGN OSED BY A LICENSED M EDICAL OR 28
479-MENTAL HEALTH PROFES SIONAL WITH POST–TRAUMATIC STRESS DIS ORDER, 29
480-ACUTE STRESS DISORDE R, OR A TRAUMA– AND STRESS–RELATED DISORDER ; 30 HOUSE BILL 76 11
481-
482-
483-
484- (III) THE DIAGNOSIS UNDER ITEM (II) OF THIS PARAGRAPH 1
389+ 2. THE DIAGNOSIS UNDER ITEM 1 OF THIS ITEM 1
485390 RESULTED DUE TO THE NATURE AND PERFORMAN CE OF THE NOR MAL DUTIES OF 2
486391 THE MEMBER ’S POSITION; 3
487392
488- (IV) THE INCAPACITY IS LI KELY TO BE PERMANENT ; AND 4
393+ 3. THE INCAPACITY IS LI KELY TO BE PERMANENT ; AND 4
489394
490- (V) THE MEMBER SHOULD BE RETIRED. 5
395+ 4. THE MEMBER SHOULD BE RETIRED. 5
491396
492- (3) A MEMBER IDENTIFIED UN DER PARAGRAPH (1)(III) OF THIS 6
493-SUBSECTION SHALL BE PRESUMED TO BE TOTAL LY AND PERMANENTLY 7
494-INCAPACITATED FOR DU TY ARISING OUT OF OR IN THE COURS E OF THE ACTUAL 8
495-PERFORMANCE OF DUTY AND THE BOARD OF TRUSTEES SHALL GRANT AN 9
496-ACCIDENTAL DISABILIT Y RETIREMENT ALLOWAN CE TO THE MEMBER IF THE 10
497-MEDICAL BOARD CERTIF IES THAT: 11
397+ (2) A benefit under this section shall be paid: 6
498398
499- (I) THE MEMBER IS MENTAL LY OR PHYSICALLY 12
500-INCAPACITATED FOR TH E FURTHER PERFORMANC E OF THE NORMAL DUTI ES OF THE 13
501-MEMBER’S POSITION; 14
399+ (i) regardless of the district in which the beneficiary was disabled; 7
400+or 8
502401
503- (II) THE MEMBER WAS DIAGN OSED BY A LICENSED M EDICAL OR 15
504-MENTAL HEALTH PROFES SIONAL WITH POST –TRAUMATIC STRESS DIS ORDER, 16
505-ACUTE STRESS DISORDE R, OR A TRAUMA– AND STRESS–RELATED DISORDER ; 17
402+ (ii) regardless of whether the beneficiary was disabled in this State, 9
403+Delaware, the District of Columbia, Pennsylvania, Virginia, or West Virginia. 10
506404
507- (III) THE DIAGNOSIS UNDER ITEM (II) OF THIS PARAGRAPH 18
508-RESULTED DUE TO THE NATURE AND PERFORMAN CE OF THE NORMAL DUT IES OF 19
509-THE MEMBER ’S POSITION; 20
405+ (b) The Board shall pay a benefit under this section from the treasury of the 11
406+Maryland State Firemen’s Association in the amount and in the manner that the Board 12
407+determines until the beneficiary is no longer disabled. 13
510408
511- (IV) THE INCAPACITY IS LI KELY TO BE PERMANENT ; AND 21
409+ (c) The secretary of the Board shall add the name of each beneficiary under this 14
410+section to the Disabled Firemen’s and Rescue Squadmen’s List. 15
512411
513- (V) THE MEMBER SHOULD BE RETIRED. 22
412+Article – State Personnel and Pensions 16
514413
515-29–111. 23
414+29–109. 17
516415
517- (a) This section applies to the State Police Retirement System. 24
416+ (a) This section does not apply to the State Police Retirement System. 18
518417
519- (b) Except as provided in § 24–401.1(k) of this article, the Board of Trustees shall 25
520-grant a special disability retirement allowance to a member if: 26
418+ (b) Except as provided in subsection (c) of this section, the Board of Trustees shall 19
419+grant an accidental disability retirement allowance to a member if: 20
521420
522- (1) the member is totally and permanently incapacitated for duty arising 27
523-out of or in the course of the actual performance of duty without willful negligence by the 28
524-member; and 29
421+ (1) the member is totally and permanently incapacitated for duty as the 21
422+natural and proximate result of an accident that occurred in the actual performance of duty 22
423+at a definite time and place without willful negligence by the member; and 23
525424
526- (2) the medical board certifies that: 30
425+ (2) the medical board certifies that: 24
426+
427+ (i) the member is mentally or physically incapacitated for the 25
428+further performance of the normal duties of the member’s position; 26
429+
430+ (ii) the incapacity is likely to be permanent; and 27
431+
432+ (iii) the member should be retired. 28
433+ 10 HOUSE BILL 76
434+
435+
436+ (c) The Board of Trustees shall grant an accidental disability retirement 1
437+allowance to a member of the Law Enforcement Officers’ Pension System if: 2
438+
439+ (1) the member is totally and permanently incapacitated for duty arising 3
440+out of or in the course of the actual performance of duty without willful negligence by the 4
441+member; and 5
442+
443+ (2) the medical board certifies that: 6
444+
445+ (i) the member is totally incapacitated, either mentally or 7
446+physically, for the further performance of duty; 8
447+
448+ (ii) the incapacity is likely to be permanent; and 9
449+
450+ (iii) the member should be retired. 10
451+
452+ (D) (1) THIS SUBSECTION APPLI ES ONLY TO MEMBERS O F: 11
453+
454+ (I) THE CORRECTIONAL OFFICERS’ RETIREMENT SYSTEM; 12
455+
456+ (II) THE LOCAL FIRE AND POLICE SYSTEM; AND 13
457+
458+ (III) THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM. 14
459+
460+ (2) A MEMBER IDENTIFIED UN DER PARAGRAPH (1)(I) OR (II) OF THIS 15
461+SUBSECTION SHALL BE PRESUMED TO BE TOTAL LY AND PERMANENTLY 16
462+INCAPACITATED FOR DU TY AS THE NATURAL AN D PROXIMATE RESULT O F AN 17
463+ACCIDENT THAT OCCURRED IN THE ACTUAL PERFORMAN CE OF DUTY AND THE 18
464+BOARD OF TRUSTEES SHALL GRANT AN ACCIDENTAL DISABI LITY RETIREMENT 19
465+ALLOWANCE TO THE MEM BER IF THE MEDICAL B OARD CERTIFIES THAT : 20
466+
467+ (I) THE MEMBER IS MENTAL LY OR PHYSICALLY 21
468+INCAPACITATED FOR TH E FURTHER PERFORMANCE OF THE NORMAL DUTIES OF THE 22
469+MEMBER’S POSITION; 23
470+
471+ (II) THE MEMBER WAS DIAGN OSED BY A LICENSED M EDICAL OR 24
472+MENTAL HEALTH PROFES SIONAL WITH POST –TRAUMATIC STRESS DIS ORDER, 25
473+ACUTE STRESS DISORDE R, OR A TRAUMA– AND STRESS–RELATED DISORDER ; 26
474+
475+ (III) THE DIAGNOSIS UNDER ITEM (II) OF THIS PARAGRAPH 27
476+RESULTED DUE TO THE NATURE AND PERFORMAN CE OF THE NORMAL DUT IES OF 28
477+THE MEMBER ’S POSITION; 29
478+
479+ (IV) THE INCAPACITY IS LI KELY TO BE PERMANENT ; AND 30
480+ HOUSE BILL 76 11
481+
482+
483+ (V) THE MEMBER SHOULD BE RETIRED. 1
484+
485+ (3) A MEMBER IDENTIFIED UNDER PAR AGRAPH (1)(III) OF THIS 2
486+SUBSECTION SHALL BE PRESUMED TO BE TOTAL LY AND PERMANENTLY 3
487+INCAPACITATED FOR DU TY ARISING OUT OF OR IN THE COURSE OF THE ACTUAL 4
488+PERFORMANCE OF DUTY AND THE BOARD OF TRUSTEES SHALL GRANT AN 5
489+ACCIDENTAL DISABILIT Y RETIREMENT ALLOWANCE TO THE MEMBER IF THE 6
490+MEDICAL BOARD CERTIF IES THAT: 7
491+
492+ (I) THE MEMBER IS MENTAL LY OR PHYSICALLY 8
493+INCAPACITATED FOR TH E FURTHER PERFORMANC E OF THE NORMAL DUTI ES OF THE 9
494+MEMBER’S POSITION; 10
495+
496+ (II) THE MEMBER WAS DIAGN OSED BY A LICENSED M EDICAL OR 11
497+MENTAL HEALTH PROFES SIONAL WITH POST –TRAUMATIC STRESS DIS ORDER, 12
498+ACUTE STRESS DISORDE R, OR A TRAUMA– AND STRESS–RELATED DISORDER ; 13
499+
500+ (III) THE DIAGNOSIS UNDER ITEM (II) OF THIS PARAGRAPH 14
501+RESULTED DUE TO THE NATURE AND PERFORMAN CE OF THE NORMAL DUT IES OF 15
502+THE MEMBER ’S POSITION; 16
503+
504+ (IV) THE INCAPACITY IS LI KELY TO BE PERMANENT ; AND 17
505+
506+ (V) THE MEMBER SHOULD BE RETIRED. 18
507+
508+29–111. 19
509+
510+ (a) This section applies to the State Police Retirement System. 20
511+
512+ (b) Except as provided in § 24–401.1(k) of this article, the Board of Trustees shall 21
513+grant a special disability retirement allowance to a member if: 22
514+
515+ (1) the member is totally and permanently incapacitated for duty arising 23
516+out of or in the course of the actual performance of duty without willful negligence by the 24
517+member; and 25
518+
519+ (2) the medical board certifies that: 26
520+
521+ (i) the member is totally incapacitated, either mentally or 27
522+physically, for the further performance of duty; 28
523+
524+ (ii) the incapacity is likely to be permanent; and 29
525+
526+ (iii) the member should be retired. 30
527527 12 HOUSE BILL 76
528528
529529
530- (i) the member is totally incapacitated, either mentally or 1
531-physically, for the further performance of duty; 2
530+ (c) Except as provided in subsection (d) of this section, a special disability 1
531+retirement allowance equals the lesser of: 2
532532
533- (ii) the incapacity is likely to be permanent; and 3
533+ (1) the member’s average final compensation; or 3
534534
535- (iii) the member should be retired. 4
535+ (2) the sum of: 4
536536
537- (c) Except as provided in subsection (d) of this section, a special disability 5
538-retirement allowance equals the lesser of: 6
537+ (i) an annuity that is the actuarial equivalent of the member’s 5
538+accumulated contributions at retirement; and 6
539539
540- (1) the member’s average final compensation; or 7
540+ (ii) a pension equal to two–thirds of the member’s average final 7
541+compensation. 8
541542
542- (2) the sum of: 8
543+ (d) (1) This subsection applies to a member who is at least normal retirement 9
544+age. 10
543545
544- (i) an annuity that is the actuarial equivalent of the member’s 9
545-accumulated contributions at retirement; and 10
546+ (2) A special disability retirement allowance equals the greater of: 11
546547
547- (ii) a pension equal to two–thirds of the member’s average final 11
548-compensation. 12
548+ (i) a normal service retirement allowance; or 12
549549
550- (d) (1) This subsection applies to a member who is at least normal retirement 13
551-age. 14
550+ (ii) a special disability retirement allowance computed in accordance 13
551+with subsection (c) of this section. 14
552552
553- (2) A special disability retirement allowance equals the greater of: 15
553+ (E) A MEMBER SHALL BE PRES UMED TO BE TOTALLY A ND PERMANENTLY 15
554+INCAPACITATED FOR DU TY ARISING OUT OF OR IN THE COURSE OF THE ACTUAL 16
555+PERFORMANCE OF DUTY AND THE BOARD OF TRUSTEES SHALL GRANT AN 17
556+ACCIDENTAL DISABILITY R ETIREMENT ALLOWANCE TO THE MEMBER IF THE 18
557+MEDICAL BOARD CERTIF IES THAT: 19
554558
555- (i) a normal service retirement allowance; or 16
559+ (1) THE MEMBER IS MENTAL LY OR PHYSICALLY INC APACITATED FOR 20
560+THE FURTHER PERFORMA NCE OF THE NORMAL DU TIES OF THE MEMBER ’S 21
561+POSITION; 22
556562
557- (ii) a special disability retirement allowance computed in accordance 17
558-with subsection (c) of this section. 18
563+ (2) THE MEMBER WAS DIAGN OSED BY A LICENSED M EDICAL OR 23
564+MENTAL HEALTH PROFES SIONAL WITH POST –TRAUMATIC STRESS DIS ORDER, 24
565+ACUTE STRESS DISORDE R, OR A TRAUMA– AND STRESS–RELATED DISORDER ; 25
559566
560- (E) A MEMBER SHALL BE PRES UMED TO BE TOTALLY A ND PERMANENTLY 19
561-INCAPACITATED FOR DU TY ARISING OUT OF OR IN THE COURSE OF THE ACTUAL 20
562-PERFORMANCE OF DUTY AND THE BOARD OF TRUSTEES SHALL GRANT AN 21
563-ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE TO THE MEMBER IF THE 22
564-MEDICAL BOARD CERTIF IES THAT: 23
567+ (3) THE DIAGNOSIS UNDER ITEM (2) OF THIS SUBSECTION R ESULTED 26
568+DUE TO THE N ATURE AND PERFORMANC E OF THE NORMAL DUTI ES OF THE 27
569+MEMBER’S POSITION; 28
565570
566- (1) THE MEMBER IS MENTAL LY OR PHYSICALLY INC APACITATED FOR 24
567-THE FURTHER PERFORMA NCE OF THE NORMAL DU TIES OF THE MEMBER ’S 25
568-POSITION; 26
571+ (4) THE INCAPACITY IS LI KELY TO BE PERMANENT ; AND 29
569572
570- (2) THE MEMBER WAS DIAGNOSED BY A LICEN SED MEDICAL OR 27
571-MENTAL HEALTH PROFES SIONAL WITH POST –TRAUMATIC STRESS DIS ORDER, 28
572-ACUTE STRESS DISORDE R, OR A TRAUMA– AND STRESS–RELATED DISORDER ; 29
573+ (5) THE MEMBER SHOULD BE RETIRED. 30
573574 HOUSE BILL 76 13
574575
575576
576- (3) THE DIAGNOSIS UNDER ITEM (2) OF THIS SUBSECTION R ESULTED 1
577-DUE TO THE NATURE AN D PERFORMANCE OF THE NORMAL DUTIES OF THE 2
578-MEMBER’S POSITION; 3
577+31–2A–01. 1
579578
580- (4) THE INCAPACITY IS LI KELY TO BE PERMANENT ; AND 4
579+ (a) In this subtitle the following words have the meanings indicated. 2
581580
582- (5) THE MEMBER SHOULD BE RETIRED. 5
581+ (b) “Effective date” means the date that an eligible governmental unit commenced 3
582+or commences participation in the Law Enforcement Officers’ Pension System. 4
583583
584-31–2A–01. 6
584+ (c) “Eligible governmental unit” means a governmental unit that is eligible to 5
585+participate in the Law Enforcement Officers’ Pension System under § 31–2A–02 of this 6
586+subtitle. 7
585587
586- (a) In this subtitle the following words have the meanings indicated. 7
588+ (d) (1) “Emergency medical technician” means a paid emergency medical 8
589+technician, as determined by the eligible governmental unit. 9
587590
588- (b) “Effective date” means the date that an eligible governmental unit commenced 8
589-or commences participation in the Law Enforcement Officers’ Pension System. 9
591+ (2) “Emergency medical technician” does not inc lude a volunteer 10
592+emergency medical technician. 11
590593
591- (c) “Eligible governmental unit” means a governmental unit that is eligible to 10
592-participate in the Law Enforcement Officers’ Pension System under § 31–2A–02 of this 11
593-subtitle. 12
594+ (e) (1) “Firefighter” means: 12
594595
595- (d) (1) “Emergency medical technician” means a paid emergency medical 13
596-technician, as determined by the eligible governmental unit. 14
596+ (i) a paid firefighter, as determined by the eligible governmental 13
597+unit; or 14
597598
598- (2) “Emergency medical technician” does not include a volunteer 15
599-emergency medical technician. 16
599+ (ii) a paid paramedic, as determined by the eligible governmental 15
600+unit. 16
600601
601- (e) (1) “Firefighter” means: 17
602+ (2) “Firefighter” does not include: 17
602603
603- (i) a paid firefighter, as determined by the eligible governmental 18
604-unit; or 19
604+ (i) a volunteer firefighter; or 18
605605
606- (ii) a paid paramedic, as determined by the eligible governmental 20
607-unit. 21
606+ (ii) a volunteer paramedic. 19
608607
609- (2) “Firefighter” does not include: 22
608+ (f) “Law enforcement officer” means an individual certified by the Maryland 20
609+Police Training and Standards Commission as a law enforcement officer. 21
610610
611- (i) a volunteer firefighter; or 23
611+ (g) (1) “Local plan” means a plan or any other arrangement of an eligible 22
612+governmental unit that is described in § 219(g)(5) of the Internal Revenue Code. 23
612613
613- (ii) a volunteer paramedic. 24
614+ (2) “Local plan” does not include a plan established under § 457 of the 24
615+Internal Revenue Code. 25
614616
615- (f) “Law enforcement officer” means an individual certified by the Maryland 25
616-Police Training and Standards Commission as a law enforcement officer. 26
617+ (h) “9–1–1 SPECIALIST” HAS THE MEANING STAT ED IN § 1–301 OF THE 26
618+PUBLIC SAFETY ARTICLE. 27
617619
618- (g) (1) “Local plan” means a plan or any other arrangement of an eligible 27
619-governmental unit that is described in § 219(g)(5) of the Internal Revenue Code. 28
620+ (I) “State system” has the meaning stated in § 20–101(pp) of this article. 28
620621
621- (2) “Local plan” does not include a plan established under § 457 of the 29
622-Internal Revenue Code. 30 14 HOUSE BILL 76
622+31–2A–02. 29
623+ 14 HOUSE BILL 76
623624
624625
626+ Subject to § 31–2A–03 of this subtitle, the governmental units that are eligible to 1
627+participate in the Law Enforcement Officers’ Pension System are: 2
625628
626- (h) “9–1–1 SPECIALIST” HAS THE MEANING STATED IN § 1–301 OF THE 1
627-PUBLIC SAFETY ARTICLE. 2
629+ (1) counties; and 3
628630
629- (I) “State system” has the meaning stated in § 20–101(pp) of this article. 3
631+ (2) municipal corporations. 4
630632
631-31–2A–02. 4
633+31–2A–03. 5
632634
633- Subject to § 31–2A–03 of this subtitle, the governmental units that are eligible to 5
634-participate in the Law Enforcement Officers’ Pension System are: 6
635+ (a) Subject to subsection (b) of this section, the legislative body of an eligible 6
636+governmental unit may approve participation by its law enforcement officers, firefighters, 7
637+[or] emergency medical technicians, OR 9–1–1 SPECIALISTS in the Law Enforcement 8
638+Officers’ Pension System if: 9
635639
636- (1) counties; and 7
640+ (1) the legislative body adopts a resolution in the form prescribed by the 10
641+Board of Trustees; and 11
637642
638- (2) municipal corporations. 8
643+ (2) the eligible governmental unit participates in a State system or 12
644+operates a local plan, only if: 13
639645
640-31–2A–03. 9
646+ (i) at least 60% of the law enforcement officers, firefighters, [or] 14
647+emergency medical technicians, OR 9–1–1 SPECIALISTS of the eligible governmental unit 15
648+petition to become members of the Law Enforcement Officers’ Pension System; 16
641649
642- (a) Subject to subsection (b) of this section, the legislative body of an eligible 10
643-governmental unit may approve participation by its law enforcement officers, firefighters, 11
644-[or] emergency medical technicians, OR 9–1–1 SPECIALISTS in the Law Enforcement 12
645-Officers’ Pension System if: 13
650+ (ii) the eligible governmental unit satisfies the requirements in 17
651+subsection (b) of this section; and 18
646652
647- (1) the legislative body adopts a resolution in the form prescribed by the 14
648-Board of Trustees; and 15
653+ (iii) the legislative body approves participation of its law enforcement 19
654+officers, firefighters, [or] emergency medical technicians, OR 9–1–1 SPECIALISTS in lieu 20
655+of participation in the State system or local plan. 21
649656
650- (2) the eligible governmental unit participates in a State system or 16
651-operates a local plan, only if: 17
657+ (b) An eligible governmental unit that operates a local plan or participates in a 22
658+State system may approve participation of its law enforcement officers, firefighters, [or] 23
659+emergency medical technicians, OR 9–1–1 SPECIALISTS in the Law Enforcement Officers’ 24
660+Pension System only if: 25
652661
653- (i) at least 60% of the law enforcement officers, firefighters, [or] 18
654-emergency medical technicians, OR 9–1–1 SPECIALISTS of the eligible governmental unit 19
655-petition to become members of the Law Enforcement Officers’ Pension System; 20
662+ (1) the State system or local plan of the eligible governmental unit requires 26
663+member contributions at the same rate as the member contribution rate that would be 27
664+applicable to the law enforcement officers, firefighters, [or] emergency medical technicians, 28
665+OR 9–1–1 SPECIALISTS of the eligible governmental unit in the Law Enforcement Officers’ 29
666+Pension System; or 30
656667
657- (ii) the eligible governmental unit satisfies the requirements in 21
658-subsection (b) of this section; and 22
659-
660- (iii) the legislative body approves participation of its law enforcement 23
661-officers, firefighters, [or] emergency medical technicians, OR 9–1–1 SPECIALISTS in lieu 24
662-of participation in the State system or local plan. 25
663-
664- (b) An eligible governmental unit that operates a local plan or participates in a 26
665-State system may approve participation of its law enforcement officers, firefighters, [or] 27
666-emergency medical technicians, OR 9–1–1 SPECIALISTS in the Law Enforcement Officers’ 28
667-Pension System only if: 29
668-
669- (1) the State system or local plan of the eligible governmental unit requires 30
670-member contributions at the same rate as the member contribution rate that would be 31 HOUSE BILL 76 15
668+ (2) the eligible governmental unit: 31
669+ HOUSE BILL 76 15
671670
672671
673-applicable to the law enforcement officers, firefighters, [or] emergency medical technicians, 1
674-OR 9–1–1 SPECIALISTS of the eligible governmental unit in the Law Enforcement Officers’ 2
675-Pension System; or 3
672+ (i) does not provide for the employer pickup of member 1
673+contributions to the State system or local plan within the meaning of § 414(h)(2) of the 2
674+Internal Revenue Code; and 3
676675
677- (2) the eligible governmental unit: 4
676+ (ii) certifies that it will not become an approved employer under § 4
677+21–313 of this article on or after the effective date of participation. 5
678678
679- (i) does not provide for the employer pickup of member 5
680-contributions to the State system or local plan within the meaning of § 414(h)(2) of the 6
681-Internal Revenue Code; and 7
679+ (c) (1) If an eligible governmental unit does not satisfy the requirements 6
680+under subsection (b) of this section, the eligible governmental unit may submit a request to 7
681+the Board of Trustees to participate in the Law Enforcement Officers’ Pension System. 8
682682
683- (ii) certifies that it will not become an approved employer under § 8
684-21–313 of this article on or after the effective date of participation. 9
683+ (2) The Board of Trustees shall consider a request made under paragraph 9
684+(1) of this subsection and determine whether any legislation is necessary to allow the 10
685+eligible governmental unit to participate in the Law Enforcement Officers’ Pension System. 11
685686
686- (c) (1) If an eligible governmental unit does not satisfy the requirements 10
687-under subsection (b) of this section, the eligible governmental unit may submit a request to 11
688-the Board of Trustees to participate in the Law Enforcement Officers’ Pension System. 12
687+ (3) The Board of Trustees shall make recommendations to the Joint 12
688+Committee on Pensions regarding any legislation that it determines is necessary to allow 13
689+the eligible governmental unit to participate in the Law Enforcement Officers’ Pension 14
690+System. 15
689691
690- (2) The Board of Trustees shall consider a request made under paragraph 13
691-(1) of this subsection and determine whether any legislation is necessary to allow the 14
692-eligible governmental unit to participate in the Law Enforcement Officers’ Pension System. 15
692+31–2A–03.1. 16
693693
694- (3) The Board of Trustees shall make recommendations to the Joint 16
695-Committee on Pensions regarding any legislation that it determines is necessary to allow 17
696-the eligible governmental unit to participate in the Law Enforcement Officers’ Pension 18
697-System. 19
694+ (a) Except as provided in subsection (b) of this section, the effective date of 17
695+participation for an eligible governmental unit is July 1 of the year following the fiscal year 18
696+in which the eligible governmental unit elects to participate in the Law Enforcement 19
697+Officers’ Pension System. 20
698698
699-31–2A–03.1. 20
699+ (b) If an eligible governmental unit does not provide the Board of Trustees with 21
700+the necessary documentation to join the Law Enforcement Officers’ Pension System on or 22
701+before the effective date for the eligible governmental unit, the effective date shall be 23
702+postponed until July 1 of the second year following the fiscal year in which the eligible 24
703+governmental unit elects to participate in the Law Enforcement Officers’ Pension System. 25
700704
701- (a) Except as provided in subsection (b) of this section, the effective date of 21
702-participation for an eligible governmental unit is July 1 of the year following the fiscal year 22
703-in which the eligible governmental unit elects to participate in the Law Enforcement 23
704-Officers’ Pension System. 24
705+31–2A–04. 26
705706
706- (b) If an eligible governmental unit does not provide the Board of Trustees with 25
707-the necessary documentation to join the Law Enforcement Officers’ Pension System on or 26
708-before the effective date for the eligible governmental unit, the effective date shall be 27
709-postponed until July 1 of the second year following the fiscal year in which the eligible 28
710-governmental unit elects to participate in the Law Enforcement Officers’ Pension System. 29
707+ If a law enforcement officer, firefighter, emergency medical technician, 9–1–1 27
708+SPECIALIST, or paramedic joins the Law Enforcement Officers’ Pension System on the 28
709+effective date, the member is entitled to credit for employment with the participating 29
710+governmental unit before the effective date. 30
711711
712-31–2A–04. 30
712+31–2A–05. 31
713713
714- If a law enforcement officer, firefighter, emergency medical technician, 9–1–1 31
715-SPECIALIST, or paramedic joins the Law Enforcement Officers’ Pension System on the 32
716-effective date, the member is entitled to credit for employment with the participating 33
717-governmental unit before the effective date. 34
714+ (a) This section applies only to a local plan that is a qualified plan under § 401(a) 32
715+of the Internal Revenue Code and provides a defined benefit to its participants. 33
718716
719-31–2A–05. 35 16 HOUSE BILL 76
717+ (b) If an eligible governmental unit approves participation in the Law 34
718+Enforcement Officers’ Pension System, the operation of the local plan or State system with 35 16 HOUSE BILL 76
720719
721720
721+respect to the law enforcement officers, firefighters, emergency medical technicians, 1
722+9–1–1 SPECIALISTS, or paramedics terminates on the effective date. 2
722723
723- (a) This section applies only to a local plan that is a qualified plan under § 401(a) 1
724-of the Internal Revenue Code and provides a defined benefit to its participants. 2
724+ (c) (1) On the effective date: 3
725725
726- (b) If an eligible governmental unit approves participation in the Law 3
727-Enforcement Officers’ Pension System, the operation of the local plan or State system with 4
728-respect to the law enforcement officers, firefighters, emergency medical technicians, 5
729-9–1–1 SPECIALISTS, or paramedics terminates on the effective date. 6
726+ (i) the assets to the credit of the local plan or State system that 4
727+relate to the law enforcement officers, firefighters, emergency medical technicians, 9–1–1 5
728+SPECIALISTS, or paramedics who elect to become members shall be transferred to the Law 6
729+Enforcement Officers’ Pension System; and 7
730730
731- (c) (1) On the effective date: 7
731+ (ii) the trustee or other administrative head of the local plan or State 8
732+system shall certify the proportion of the funds of the local plan or State system that 9
733+represents the accumulated contributions of the members as of that date. 10
732734
733- (i) the assets to the credit of the local plan or State system that 8
734-relate to the law enforcement officers, firefighters, emergency medical technicians, 9–1–1 9
735-SPECIALISTS, or paramedics who elect to become members shall be transferred to the Law 10
736-Enforcement Officers’ Pension System; and 11
735+ (2) The accumulated contributions shall be credited to the respective 11
736+annuity savings accounts of the members in the Law Enforcement Officers’ Pension 12
737+System. 13
737738
738- (ii) the trustee or other administrative head of the local plan or State 12
739-system shall certify the proportion of the funds of the local plan or State system that 13
740-represents the accumulated contributions of the members as of that date. 14
739+ (3) The balance of the funds transferred to the Law Enforcement Officers’ 14
740+Pension System shall be offset against the special accrued liability to be funded by the 15
741+participating governmental unit as provided by § 21–306.1(d) of this article. 16
741742
742- (2) The accumulated contributions shall be credited to the respective 15
743-annuity savings accounts of the members in the Law Enforcement Officers’ Pension 16
744-System. 17
743+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
744+October 1, 2025. 18
745745
746- (3) The balance of the funds transferred to the Law Enforcement Officers’ 18
747-Pension System shall be offset against the special accrued liability to be funded by the 19
748-participating governmental unit as provided by § 21–306.1(d) of this article. 20
749-
750- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
751-October 1, 2025. 22
752-
753-
754-
755-
756-
757-Approved:
758-________________________________________________________________________________
759- Governor.
760-________________________________________________________________________________
761- Speaker of the House of Delegates.
762-________________________________________________________________________________
763- President of the Senate.