EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0886*
HOUSE BILL 886
P6 5lr2228
CF SB 612
By: Delegate Forbes (Chair, Joint Committee on Pensions)
Introduced and read first time: January 30, 2025
Assigned to: Appropriations
A BILL ENTITLED
AN ACT concerning 1
State Retirement and Pension System – Deferred Vested Former Members – 2
Return to Service 3
FOR the purpose of establishing that an individual who, after earning service credit 4
sufficient for a vested allowance in the Employees’ Pension System, the State Police 5
Retirement System, the Correctional Officers’ Retirement System, or the Law 6
Enforcement Officers’ Pension System, separates from service, and subsequently 7
returns to service in a position in the same system under certain circumstances, is 8
subject to the same requirements to which certain members of the same system are 9
subject; and generally relating to the resumption of employment in a position 10
included in the State Retirement and Pension System. 11
BY adding to 12
Article – State Personnel and Pensions 13
Section 23–215.3, 24–207.1, 25–205.1, and 26–206.1 14
Annotated Code of Maryland 15
(2024 Replacement Volume and 2024 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – State Personnel and Pensions 19
23–215.3. 20
(A) THIS SECTION APPLIES TO AN INDIVIDUAL WHO : 21
(1) ON OR BEFORE JUNE 30, 2011, WAS A MEMBER OF THE 22
EMPLOYEES’ PENSION SYSTEM WHO WAS SUBJEC T TO: 23
2 HOUSE BILL 886
(I) THE NONCONTRI BUTORY PENSION BENEF IT UNDER PART I 1
OF THIS SUBTITLE; OR 2
(II) THE CONTRIBUTORY PEN SION BENEFIT UNDER PART II OF 3
THIS SUBTITLE; 4
(2) (I) IS SEPARATED FROM EM PLOYMENT FOR 4 YEARS OR LESS; 5
(II) 1. IS SEPARATED FROM EM PLOYMENT FOR MILITAR Y 6
SERVICE TH AT MEETS THE REQUIRE MENTS OF THE FEDERAL UNIFORMED 7
SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT; AND 8
2. RESUMES EMPLOYMENT W ITHIN 1 YEAR OF LEAVING 9
MILITARY SERVICE IN A POSITION THAT: 10
A. FOR AN INDIVIDUAL DE SCRIBED UNDER ITEM (1)(I) 11
OF THIS SUBSECTION IS SUBJEC T TO THE NONCONTRIBU TORY PENSION BENEFIT 12
UNDER PART I OF THIS SUBTITLE; OR 13
B. FOR AN INDIVIDUAL DE SCRIBED UNDER ITEM (1)(II) 14
OF THIS SUBSECTION I S SUBJECT TO THE CON TRIBUTORY PENSION BE NEFIT UNDER 15
PART II OF THIS SUBTITLE; OR 16
(III) IS SEPARATED FROM EM PLOYMENT WITH THE MI NIMUM 17
ELIGIBILITY SERVICE NEEDED TO BE ELIGIBL E FOR A VESTED ALLOW ANCE UNDER 18
TITLE 29, SUBTITLE 3 OF THIS ARTICLE; 19
(3) DOES NOT WITHDRAW TH E MEMBER ’S ACCUMULATED 20
CONTRIBUTIONS ; AND 21
(4) DOES NOT BECOME A RE TIREE. 22
(B) (1) AN INDIVIDUAL DESCRIB ED IN SUBSECTION (A)(1)(I) OF THIS 23
SECTION WHO RESUMES EMPLOYMENT IN A POSI TION THAT IS SUBJECT TO THE 24
NONCONTRIBUTORY PENS ION BENEFIT OF PART I OF THIS SUBTITLE IS SUBJECT TO 25
THE SAME REQUIREMENT S TO WHICH AN INDIVI DUAL WHO WAS SUBJECT T O THE 26
NONCONTRIBUTORY PENS ION BENEFIT OF PART I OF THIS SUBTITLE ON JUNE 30, 27
2011, AND REMAINS A MEMBER ON JULY 1, 2011, IS SUBJECT. 28
(2) AN INDIVIDUAL DESCRIB ED IN SUBSECTION (A)(1)(II) OF THIS 29
SECTION WHO RESUMES EMPLOYMENT IN A POSI TION THAT IS SUBJECT TO THE 30
CONTRIBUTORY PENSION BENEFIT OF PART II OF THIS SUBTITLE IS SUBJECT TO 31
THE SAME REQUIREMENT S TO WHICH AN INDIVI DUAL WHO WAS SUBJECT TO THE 32 HOUSE BILL 886 3
CONTRIBUTORY PENSION BENEFIT OF PART II OF THIS SUBTITLE ON JUNE 30, 2011, 1
AND REMAINS A MEMBER ON JULY 1, 2011, IS SUBJECT. 2
24–207.1. 3
(A) THIS SECTION APPLIES TO AN INDIVIDUAL WHO : 4
(1) ON OR BEFORE JUNE 30, 2011, WAS A MEMBER OF THE STATE 5
POLICE RETIREMENT SYSTEM; 6
(2) (I) IS SEPARATED FROM EM PLOYMENT FOR 4 YEARS OR LESS; 7
(II) 1. IS SEPARATED FROM EM PLOYMENT FOR MILITAR Y 8
SERVICE THAT MEETS T HE REQUIREMENTS OF T HE FEDERAL UNIFORMED 9
SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT; AND 10
2. RESUMES EMPLOYMENT W ITHIN 1 YEAR OF LEAVING 11
MILITARY SERVICE IN A POSITION THAT IS I NCLUDED IN THE STATE POLICE 12
RETIREMENT SYSTEM; OR 13
(III) IS SEPARATED FROM EM PLOYMENT WITH THE MI NIMUM 14
ELIGIBILITY SERVICE NEEDED TO BE ELIGIBL E FOR A VESTED ALLOW ANCE UNDER 15
TITLE 29, SUBTITLE 3 OF THIS ARTICLE; 16
(3) DOES NOT WITHDRAW TH E MEMBER ’S ACCUMULATED 17
CONTRIBUTIONS ; AND 18
(4) DOES NOT BECOME A RE TIREE. 19
(B) AN INDIVIDUAL DESCRIB ED IN SUBSECTION (A) OF THIS SECTION WHO 20
RESUMES EMPLOYMENT I N A POSITION THAT IS INCLUDED IN THE STATE POLICE 21
RETIREMENT SYSTEM IS SUBJECT TO THE SAME REQUIREMENT S TO WHICH AN 22
INDIVIDUAL WHO WAS A MEMBER OF THE STATE POLICE RETIREMENT SYSTEM ON 23
JUNE 30, 2011, AND REMAINS A MEMBER ON JULY 1, 2011, IS SUBJECT. 24
25–205.1. 25
(A) THIS SECTION APPLIES TO AN INDIVIDUAL WHO : 26
(1) ON OR BEFORE JUNE 30, 2011, WAS A MEMBER OF THE 27
CORRECTIONAL OFFICERS’ RETIREMENT SYSTEM; 28
(2) (I) IS SEPARATED FROM EM PLOYMENT FOR 4 YEARS OR LESS; 29 4 HOUSE BILL 886
(II) 1. IS SEPARATED FROM EM PLOYMENT FOR MILITAR Y 1
SERVICE THAT MEETS THE REQUI REMENTS OF THE FEDER AL UNIFORMED 2
SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT; AND 3
2. RESUMES EMPLOYMENT W ITHIN 1 YEAR OF LEAVING 4
MILITARY SERVICE IN A POSITION THAT IS I NCLUDED IN THE CORRECTIONAL 5
OFFICERS’ RETIREMENT SYSTEM; OR 6
(III) IS SEPARATED FROM EM PLOYMENT WITH THE MI NIMUM 7
ELIGIBILITY SERVICE NEEDED TO BE ELIGIBL E FOR A VESTED ALLOW ANCE UNDER 8
TITLE 29, SUBTITLE 3 OF THIS ARTICLE; 9
(3) DOES NOT WITHDRAW TH E MEMBER ’S ACCUMULATED 10
CONTRIBUTIONS ; AND 11
(4) DOES NOT BEC OME A RETIREE. 12
(B) AN INDIVIDUAL DESCRIB ED IN SUBSECTION (A) OF THIS SECTION WHO 13
RESUMES EMPLOYMENT I N A POSITION THAT IS INCLUDED IN THE CORRECTIONAL 14
OFFICERS’ RETIREMENT SYSTEM IS SUBJECT TO THE SAME REQUIREMENT S TO 15
WHICH AN INDIVIDUAL WHO WAS A MEMBER OF THE CORRECTIONAL OFFICERS’ 16
RETIREMENT SYSTEM ON JUNE 30, 2011, AND REMAINS A MEMBER ON JULY 1, 2011, 17
IS SUBJECT. 18
26–206.1. 19
(A) THIS SECTION APPLIES TO AN INDIVIDUAL WHO : 20
(1) ON OR BEFORE JUNE 30, 2011, WAS A MEMBER OF THE LAW 21
ENFORCEMENT OFFICERS’ PENSION SYSTEM; 22
(2) (I) IS SEPARATED FROM EM PLOYMENT FOR 4 YEARS OR LESS; 23
(II) 1. IS SEPARATED FROM EM PLOYMENT FOR MILITAR Y 24
SERVICE THAT MEETS T HE REQUIREMENTS OF T HE FEDERAL UNIFORMED 25
SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT; AND 26
2. RESUMES EMPLOYMENT W ITHIN 1 YEAR OF LEAVING 27
MILITARY SERVICE IN A POSITION THAT IS I NCLUDED IN THE CORRECTIONAL 28
OFFICERS’ RETIREMENT SYSTEM; OR 29
HOUSE BILL 886 5
(III) IS SEPARATED FROM EM PLOYMENT WITH THE MI NIMUM 1
ELIGIBILITY SERVICE NEEDED TO BE ELIGIBL E FOR A VESTED ALLOWANCE UNDE R 2
TITLE 29, SUBTITLE 3 OF THIS ARTICLE; 3
(3) DOES NOT WITHDRAW TH E MEMBER ’S ACCUMULATED 4
CONTRIBUTIONS ; AND 5
(4) DOES NOT BECOME A RE TIREE. 6
(B) AN INDIVIDUAL DESCRIB ED IN SUBSECTION (A) OF THIS SECTION WHO 7
RESUMES EMPLOYMENT I N A POSITION THAT IS INCL UDED IN THE LAW 8
ENFORCEMENT OFFICERS’ PENSION SYSTEM IS SUBJECT TO THE SAME 9
REQUIREMENTS TO WHIC H AN INDIVIDUAL WHO WAS A MEMBER OF THE LAW 10
ENFORCEMENT OFFICERS’ PENSION SYSTEM ON JUNE 30, 2011, AND REMAINS A 11
MEMBER ON JULY 1, 2011, IS SUBJECT. 12
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 13
1, 2025. 14