EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*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
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 4, 2025
CHAPTER ______
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
2 HOUSE BILL 886
(A) THIS SECTION APPLIES TO AN INDIVIDUAL WHO : 1
(1) ON OR BEFORE JUNE 30, 2011, WAS A MEMBER OF THE 2
EMPLOYEES’ PENSION SYSTEM WHO WAS SUBJEC T TO: 3
(I) THE NONCONTRIBUTORY PENSION BENEFIT UNDE R PART I 4
OF THIS SUBTITLE; OR 5
(II) THE CONTRIBUTORY PEN SION BENEFIT UNDER PART II OF 6
THIS SUBTITLE; 7
(2) (I) IS SEPARATED FROM EMP LOYMENT FOR 4 YEARS OR LESS; 8
(II) 1. IS SEPARATED FROM EM PLOYMENT FOR MILITAR Y 9
SERVICE THAT MEETS T HE REQUIREMENTS OF T HE FEDERAL UNIFORMED 10
SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT; AND 11
2. RESUMES EMPLOYMENT W ITHIN 1 YEAR OF LEAVING 12
MILITARY SERVICE IN A POSITION THAT: 13
A. FOR AN INDIVIDUAL DE SCRIBED UNDER ITEM (1)(I) 14
OF THIS SUBSECTION I S SUBJECT TO THE NON CONTRIBUTORY PENSION BENEFIT 15
UNDER PART I OF THIS SUBTITLE; OR 16
B. FOR AN INDIVIDUAL DE SCRIBED UNDER ITEM (1)(II) 17
OF THIS SUBSECTION I S SUBJECT TO THE CON TRIBUTORY PENSION BE NEFIT UNDER 18
PART II OF THIS SUBTITLE; OR 19
(III) IS SEPARATED FROM EM PLOYMENT WITH THE MI NIMUM 20
ELIGIBILITY SERVICE NEEDED TO BE ELIGIBL E FOR A VESTED ALLOW ANCE UNDER 21
TITLE 29, SUBTITLE 3 OF THIS ARTICLE; 22
(3) DOES NOT WITHDRAW TH E MEMBER ’S ACCUMULATED 23
CONTRIBUTIONS ; AND 24
(4) DOES NOT BECOME A RE TIREE. 25
(B) (1) AN INDIVIDUAL DESCRIB ED IN SUBSECTION (A)(1)(I) OF THIS 26
SECTION WHO RESUMES EMPLOYMENT IN A POSI TION THAT IS SUBJECT TO THE 27
NONCONTRIBUTORY PENS ION BENEFIT OF PART I OF THIS SUBTITLE IS SUBJECT TO 28
THE SAME REQUIREMENT S TO WHICH AN INDIVI DUAL WHO WAS SUBJECT TO THE 29
NONCONTRIBUTORY PENS ION BENEFIT OF PART I OF THIS SUBTITLE ON JUNE 30, 30
2011, AND REMAINS A MEMBER ON JULY 1, 2011, IS SUBJECT. 31
HOUSE BILL 886 3
(2) AN INDIVIDUAL DESCRIB ED IN SUBSECTION (A)(1)(II) OF THIS 1
SECTION WHO RESUMES EMPLOYMENT IN A POSI TION THAT IS SUBJECT TO THE 2
CONTRIBUTORY PENSION BENEFIT OF PART II OF THIS SUBTITLE IS SUBJECT TO 3
THE SAME REQUIREMENT S TO WHICH AN INDIVIDUAL WHO WAS S UBJECT TO THE 4
CONTRIBUTORY PENSION BENEFIT OF PART II OF THIS SUBTITLE ON JUNE 30, 2011, 5
AND REMAINS A MEMBER ON JULY 1, 2011, IS SUBJECT. 6
24–207.1. 7
(A) THIS SECTION APPLIES TO AN INDIVIDUAL WHO : 8
(1) ON OR BEFORE JUNE 30, 2011, WAS A MEMBER OF THE STATE 9
POLICE RETIREMENT SYSTEM; 10
(2) (I) IS SEPARATED FROM EM PLOYMENT FOR 4 YEARS OR LESS; 11
(II) 1. IS SEPARATED FROM EM PLOYMENT FOR MILITAR Y 12
SERVICE THAT MEETS T HE REQUIREMENTS OF T HE FEDERAL UNIFORMED 13
SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT; AND 14
2. RESUMES EMPLOYMENT W ITHIN 1 YEAR OF LEAVING 15
MILITARY SERVICE IN A POSITION THAT IS I NCLUDED IN THE STATE POLICE 16
RETIREMENT SYSTEM; OR 17
(III) IS SEPARATED FROM EM PLOYMENT WITH THE MI NIMUM 18
ELIGIBILITY SERVICE NEEDED TO BE EL IGIBLE FOR A VESTED ALLOWANCE UNDER 19
TITLE 29, SUBTITLE 3 OF THIS ARTICLE; 20
(3) DOES NOT WITHDRAW TH E MEMBER ’S ACCUMULATED 21
CONTRIBUTIONS ; AND 22
(4) DOES NOT BECOME A RE TIREE. 23
(B) AN INDIVIDUAL DESCRIB ED IN SUBSECTION (A) OF THIS SECTION WHO 24
RESUMES EMPLOYMENT IN A POSI TION THAT IS INCLUDE D IN THE STATE POLICE 25
RETIREMENT SYSTEM IS SUBJECT TO THE SAME REQUIREMENT S TO WHICH AN 26
INDIVIDUAL WHO WAS A MEMBER OF THE STATE POLICE RETIREMENT SYSTEM ON 27
JUNE 30, 2011, AND REMAINS A MEMBER ON JULY 1, 2011, IS SUBJECT. 28
25–205.1. 29
(A) THIS SECTION APPLIES TO AN INDIVIDUAL WHO : 30
4 HOUSE BILL 886
(1) ON OR BEFORE JUNE 30, 2011, WAS A MEMBER OF THE 1
CORRECTIONAL OFFICERS’ RETIREMENT SYSTEM; 2
(2) (I) IS SEPARATED FROM EM PLOYMENT FOR 4 YEARS OR LESS; 3
(II) 1. IS SEPARATED FROM EMPLOYMENT FOR MILIT ARY 4
SERVICE THAT MEETS T HE REQUIREMENTS OF T HE FEDERAL UNIFORMED 5
SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT; AND 6
2. RESUMES EMPLOYMENT W ITHIN 1 YEAR OF LEAVING 7
MILITARY SERVICE IN A POSITION THAT IS I NCLUDED IN THE CORRECTIONA L 8
OFFICERS’ RETIREMENT SYSTEM; OR 9
(III) IS SEPARATED FROM EM PLOYMENT WITH THE MI NIMUM 10
ELIGIBILITY SERVICE NEEDED TO BE ELIGIBL E FOR A VESTED ALLOW ANCE UNDER 11
TITLE 29, SUBTITLE 3 OF THIS ARTICLE; 12
(3) DOES NOT WITHDRAW TH E MEMBER ’S ACCUMULATED 13
CONTRIBUTIONS; AND 14
(4) DOES NOT BECOME A RE TIREE. 15
(B) AN INDIVIDUAL DESCRIB ED IN SUBSECTION (A) OF THIS SECTION WHO 16
RESUMES EMPLOYMENT I N A POSITION THAT IS INCLUDED IN THE CORRECTIONAL 17
OFFICERS’ RETIREMENT SYSTEM IS SUBJECT TO THE SAME REQUIREMENT S TO 18
WHICH AN INDIVIDUAL WHO WA S A MEMBER OF THE CORRECTIONAL OFFICERS’ 19
RETIREMENT SYSTEM ON JUNE 30, 2011, AND REMAINS A MEMBER ON JULY 1, 2011, 20
IS SUBJECT. 21
26–206.1. 22
(A) THIS SECTION APPLIES TO AN INDIVIDUAL WHO : 23
(1) ON OR BEFORE JUNE 30, 2011, WAS A MEMBER OF THE LAW 24
ENFORCEMENT OFFICERS’ PENSION SYSTEM; 25
(2) (I) IS SEPARATED FROM EM PLOYMENT FOR 4 YEARS OR LESS; 26
(II) 1. IS SEPARATED FROM EM PLOYMENT FOR MILITAR Y 27
SERVICE THAT MEETS T HE REQUIREMENTS OF T HE FEDERAL UNIFORMED 28
SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT; AND 29
HOUSE BILL 886 5
2. RESUMES EMPLOYMENT W ITHIN 1 YEAR OF LEAVING 1
MILITARY SERVICE IN A POSITION THAT IS I NCLUDED IN THE CORRECTIONAL 2
OFFICERS’ RETIREMENT SYSTEM; OR 3
(III) IS SEPARATED FROM EM PLOYMENT WITH THE MI NIMUM 4
ELIGIBILITY SERVICE NEEDED TO BE ELIGIBLE FOR A VESTED ALLOWANCE UND ER 5
TITLE 29, SUBTITLE 3 OF THIS ARTICLE; 6
(3) DOES NOT WITHDRAW TH E MEMBER ’S ACCUMULATED 7
CONTRIBUTIONS ; AND 8
(4) DOES NOT BECOME A RE TIREE. 9
(B) AN INDIVIDUAL DESCRIB ED IN SUBSECTION (A) OF THIS SECTION WHO 10
RESUMES EMPLOYMENT IN A POSITION THAT IS I NCLUDED IN THE LAW 11
ENFORCEMENT OFFICERS’ PENSION SYSTEM IS SUBJECT TO THE SAME 12
REQUIREMENTS TO WHIC H AN INDIVIDUAL WHO WAS A MEMBER OF THE LAW 13
ENFORCEMENT OFFICERS’ PENSION SYSTEM ON JUNE 30, 2011, AND REMAINS A 14
MEMBER ON JULY 1, 2011, IS SUBJECT. 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 16
1, 2025. 17
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.