| 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 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *sb0396* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 396 | |
| 11 | 8 | E4, P4 5lr1080 | |
| 12 | 9 | CF HB 76 | |
| 13 | - | By: Senator McKay | |
| 10 | + | By: Senator McKay | |
| 14 | 11 | Introduced and read first time: January 20, 2025 | |
| 15 | 12 | Assigned to: Budget and Taxation and Judicial Proceedings | |
| 16 | - | Committee Report: Favorable with amendments | |
| 17 | - | Senate action: Adopted | |
| 18 | - | Read second time: February 27, 2025 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Public Safety Officer – Performance of Duties – Death and Disability Benefits 2 | |
| 25 | 19 | ||
| 26 | 20 | FOR the purpose of altering circumstances under which certain individuals are presumed 3 | |
| 27 | 21 | to have died as a direct and proximate result of an injury sustained in the 4 | |
| 28 | 22 | performance of duties for purposes of eligibility for death benefits; altering the 5 | |
| 29 | 23 | circumstances under which certain individuals are eligible for certain disability 6 | |
| 30 | 24 | benefits; authorizing certain 9–1–1 specialists to become members of the Law 7 | |
| 31 | 25 | Enforcement Officers’ Pension System as employees of a participating governmental 8 | |
| 32 | - | unit; and generally relating to death and disability benefits and benefits for public 9 | |
| 33 | - | safety officers. 10 | |
| 26 | + | unit; and generally relating to death and disability benefits and public safety officers. 9 | |
| 34 | 27 | ||
| 35 | - | BY repealing and reenacting, with amendments, | |
| 36 | - | Article – Public Safety | |
| 37 | - | Section 1–202 and 7–202 | |
| 38 | - | Annotated Code of Maryland | |
| 39 | - | (2022 Replacement Volume and 2024 Supplement) | |
| 28 | + | BY repealing and reenacting, with amendments, 10 | |
| 29 | + | Article – Public Safety 11 | |
| 30 | + | Section 1–202 and 7–202 12 | |
| 31 | + | Annotated Code of Maryland 13 | |
| 32 | + | (2022 Replacement Volume and 2024 Supplement) 14 | |
| 40 | 33 | ||
| 41 | - | BY repealing and reenacting, with amendments, | |
| 42 | - | Article – State Personnel and Pensions | |
| 43 | - | Section 29–109, 29–111, 31–2A–01, 31–2A–03, 31–2A–04, and 31–2A–05 | |
| 44 | - | Annotated Code of Maryland | |
| 45 | - | (2024 Replacement Volume and 2024 Supplement) | |
| 34 | + | BY repealing and reenacting, with amendments, 15 | |
| 35 | + | Article – State Personnel and Pensions 16 | |
| 36 | + | Section 29–109, 29–111, 31–2A–01, 31–2A–03, 31–2A–04, and 31–2A–05 17 | |
| 37 | + | Annotated Code of Maryland 18 | |
| 38 | + | (2024 Replacement Volume and 2024 Supplement) 19 | |
| 46 | 39 | ||
| 47 | - | BY repealing and reenacting, without amendments, 21 | |
| 48 | - | Article – State Personnel and Pensions 22 2 SENATE BILL 396 | |
| 40 | + | BY repealing and reenacting, without amendments, 20 | |
| 41 | + | Article – State Personnel and Pensions 21 | |
| 42 | + | Section 31–2A–02 and 31–2A–03.1 22 | |
| 43 | + | Annotated Code of Maryland 23 | |
| 44 | + | (2024 Replacement Volume and 2024 Supplement) 24 | |
| 45 | + | ||
| 46 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25 | |
| 47 | + | That the Laws of Maryland read as follows: 26 | |
| 48 | + | 2 SENATE BILL 396 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | - | Section 31–2A–02 and 31–2A–03.1 1 | |
| 52 | - | Annotated Code of Maryland 2 | |
| 53 | - | (2024 Replacement Volume and 2024 Supplement) 3 | |
| 51 | + | Article – Public Safety 1 | |
| 54 | 52 | ||
| 55 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4 | |
| 56 | - | That the Laws of Maryland read as follows: 5 | |
| 53 | + | 1–202. 2 | |
| 57 | 54 | ||
| 58 | - | ||
| 55 | + | (a) (1) In this section the following words have the meanings indicated. 3 | |
| 59 | 56 | ||
| 60 | - | 1–202. 7 | |
| 57 | + | (2) (i) “Child” means a natural or adopted, legitimate or illegitimate 4 | |
| 58 | + | child or stepchild of the decedent. 5 | |
| 61 | 59 | ||
| 62 | - | ( | |
| 60 | + | (ii) “Child” includes a child or stepchild born posthumously. 6 | |
| 63 | 61 | ||
| 64 | - | ( | |
| 65 | - | ||
| 62 | + | (3) “Correctional officer” has the meaning stated in § 8–201(e)(1) of the 7 | |
| 63 | + | Correctional Services Article. 8 | |
| 66 | 64 | ||
| 67 | - | (ii) “Child” includes a child or stepchild born posthumously. 11 | |
| 65 | + | (4) “Emergency medical services provider” has the meaning stated in § 9 | |
| 66 | + | 13–516 of the Education Article. 10 | |
| 68 | 67 | ||
| 69 | - | ( | |
| 70 | - | ||
| 68 | + | (5) “Hazardous material” means any substance regulated as a hazardous 11 | |
| 69 | + | material under Title 49 of the Code of Federal Regulations. 12 | |
| 71 | 70 | ||
| 72 | - | (4) “Emergency medical services provider” has the meaning stated in § 14 | |
| 73 | - | 13–516 of the Education Article. 15 | |
| 71 | + | (6) “Hazardous material response team employee” means an employee of 13 | |
| 72 | + | the Department of the Environment or a local government agency who is on call 24 hours 14 | |
| 73 | + | a day to provide emergency response to a discharge of oil or a release of hazardous material 15 | |
| 74 | + | or other emergency response activity. 16 | |
| 74 | 75 | ||
| 75 | - | ( | |
| 76 | - | ||
| 76 | + | (7) (i) “Law enforcement officer” has the meaning stated in § 1–101 of 17 | |
| 77 | + | this title. 18 | |
| 77 | 78 | ||
| 78 | - | (6) “Hazardous material response team employee” means an employee of 18 | |
| 79 | - | the Department of the Environment or a local government agency who is on call 24 hours 19 | |
| 80 | - | a day to provide emergency response to a discharge of oil or a release of hazardous material 20 | |
| 81 | - | or other emergency response activity. 21 | |
| 79 | + | (ii) “Law enforcement officer” includes: 19 | |
| 82 | 80 | ||
| 83 | - | (7) (i) “Law enforcement officer” has the meaning stated in § 1–101 of 22 | |
| 84 | - | this title. 23 | |
| 81 | + | 1. an officer who serves in a probationary status; and 20 | |
| 85 | 82 | ||
| 86 | - | (ii) “Law enforcement officer” includes: 24 | |
| 83 | + | 2. an officer who serves at the pleasure of the appointing 21 | |
| 84 | + | authority of a county or municipal corporation. 22 | |
| 87 | 85 | ||
| 88 | - | 1. an officer who serves in a probationary status; and 25 | |
| 86 | + | (8) “9–1–1 SPECIALIST” HAS THE MEANING STAT ED IN § 1–301 OF 23 | |
| 87 | + | THIS TITLE. 24 | |
| 89 | 88 | ||
| 90 | - | 2. an officer who serves at the pleasure of the appointing 26 | |
| 91 | - | authority of a county or municipal corporation. 27 | |
| 89 | + | (9) “Performance of duties” includes, in the case of a volunteer or career 25 | |
| 90 | + | firefighter, public safety aviation employee, rescue squad member, or hazardous material 26 | |
| 91 | + | response team employee: 27 | |
| 92 | 92 | ||
| 93 | - | (8) “9–1–1 SPECIALIST” HAS THE MEANING STAT ED IN § 1–301 OF 28 | |
| 94 | - | THIS TITLE. 29 | |
| 93 | + | (i) actively participating in fighting a fire; 28 | |
| 94 | + | ||
| 95 | + | (ii) going to or from a fire; 29 | |
| 95 | 96 | SENATE BILL 396 3 | |
| 96 | 97 | ||
| 97 | 98 | ||
| 98 | - | (9) “Performance of duties” includes, in the case of a volunteer or career 1 | |
| 99 | - | firefighter, public safety aviation employee, rescue squad member, or hazardous material 2 | |
| 100 | - | response team employee: 3 | |
| 99 | + | (iii) performing other duties necessary to the operation or 1 | |
| 100 | + | maintenance of the fire company; 2 | |
| 101 | 101 | ||
| 102 | - | (i) actively participating in fighting a fire; 4 | |
| 102 | + | (iv) actively participating in the ambulance, advanced life support, 3 | |
| 103 | + | or rescue work of an advanced life support unit or a fire, ambulance, or rescue company, 4 | |
| 104 | + | including going to or from an emergency or rescue; 5 | |
| 103 | 105 | ||
| 104 | - | (ii) going to or from a fire; 5 | |
| 106 | + | (v) providing emergency or rescue assistance, whether acting alone 6 | |
| 107 | + | or at the direction of or with a fire, ambulance, or rescue company or advanced life support 7 | |
| 108 | + | unit; 8 | |
| 105 | 109 | ||
| 106 | - | ( | |
| 107 | - | ||
| 110 | + | (vi) actively participating in flight operations as a crew member in a 9 | |
| 111 | + | rotary or fixed wing aircraft; and 10 | |
| 108 | 112 | ||
| 109 | - | (iv) actively participating in the ambulance, advanced life support, 8 | |
| 110 | - | or rescue work of an advanced life support unit or a fire, ambulance, or rescue company, 9 | |
| 111 | - | including going to or from an emergency or rescue; 10 | |
| 113 | + | (vii) providing emergency response to a discharge of oil or a release of 11 | |
| 114 | + | hazardous material or other emergency response activity. 12 | |
| 112 | 115 | ||
| 113 | - | (v) providing emergency or rescue assistance, whether acting alone 11 | |
| 114 | - | or at the direction of or with a fire, ambulance, or rescue company or advanced life support 12 | |
| 115 | - | unit; 13 | |
| 116 | + | [(9)] (10) “Public safety aviation employee” includes a pilot and aviation 13 | |
| 117 | + | maintenance technician employed by the State. 14 | |
| 116 | 118 | ||
| 117 | - | ( | |
| 118 | - | ||
| 119 | + | [(10)] (11) “Stepchild” means a child of the surviving spouse who was living 15 | |
| 120 | + | with or dependent for support on the decedent at the time of the decedent’s death. 16 | |
| 119 | 121 | ||
| 120 | - | (vii) providing emergency response to a discharge of oil or a release of 16 | |
| 121 | - | hazardous material or other emergency response activity. 17 | |
| 122 | + | (a–1) For purposes of this section, an individual served in the Afghanistan or Iraq 17 | |
| 123 | + | conflict if the individual was a member of the uniformed services of the United States who 18 | |
| 124 | + | served in: 19 | |
| 122 | 125 | ||
| 123 | - | [(9)] (10) “Public safety aviation employee” includes a pilot and aviation 18 | |
| 124 | - | maintenance technician employed by the State. 19 | |
| 126 | + | (1) Afghanistan or contiguous air space, as defined in federal regulations, 20 | |
| 127 | + | on or after October 24, 2001, and before a terminal date to be prescribed by the United 21 | |
| 128 | + | States Secretary of Defense; or 22 | |
| 125 | 129 | ||
| 126 | - | [(10)] (11) “Stepchild” means a child of the surviving spouse who was living 20 | |
| 127 | - | with or dependent for support on the decedent at the time of the decedent’s death. 21 | |
| 130 | + | (2) Iraq or contiguous waters or air space, as defined in federal regulations, 23 | |
| 131 | + | on or after March 19, 2003, and before a terminal date to be prescribed by the United States 24 | |
| 132 | + | Secretary of Defense. 25 | |
| 128 | 133 | ||
| 129 | - | (a–1) For purposes of this section, an individual served in the Afghanistan or Iraq 22 | |
| 130 | - | conflict if the individual was a member of the uniformed services of the United States who 23 | |
| 131 | - | served in: 24 | |
| 134 | + | (b) (1) Except as provided in subsections [(f)(4)] (G)(3) and [(j)] (K) of this 26 | |
| 135 | + | section and subject to [subsection] SUBSECTIONS (c) AND (F) of this section and 27 | |
| 136 | + | paragraphs (2) and (3) of this subsection, a death benefit of $125,000 shall be paid to the 28 | |
| 137 | + | surviving spouse, child, dependent parent, or estate of each of the following individuals who 29 | |
| 138 | + | is killed or dies in the performance of duties on or after January 1, 2006: 30 | |
| 132 | 139 | ||
| 133 | - | (1) Afghanistan or contiguous air space, as defined in federal regulations, 25 | |
| 134 | - | on or after October 24, 2001, and before a terminal date to be prescribed by the United 26 | |
| 135 | - | States Secretary of Defense; or 27 | |
| 140 | + | (i) a law enforcement officer; 31 | |
| 136 | 141 | ||
| 137 | - | (2) Iraq or contiguous waters or air space, as defined in federal regulations, 28 | |
| 138 | - | on or after March 19, 2003, and before a terminal date to be prescribed by the United States 29 | |
| 139 | - | Secretary of Defense. 30 | |
| 142 | + | (ii) a correctional officer; 32 | |
| 140 | 143 | ||
| 141 | - | (b) (1) Except as provided in subsections [(f)(4)] (G)(3) and [(j)] (K) of this 31 | |
| 142 | - | section and subject to [subsection] SUBSECTIONS (c) AND (F) of this section and 32 | |
| 143 | - | paragraphs (2) and (3) of this subsection, a death benefit of $125,000 shall be paid to the 33 4 SENATE BILL 396 | |
| 144 | + | (iii) a volunteer or career firefighter or rescue squad member; 33 | |
| 145 | + | 4 SENATE BILL 396 | |
| 144 | 146 | ||
| 145 | 147 | ||
| 146 | - | surviving spouse, child, dependent parent, or estate of each of the following individuals who 1 | |
| 147 | - | is killed or dies in the performance of duties on or after January 1, 2006: 2 | |
| 148 | + | (iv) a sworn member of the office of State Fire Marshal; 1 | |
| 148 | 149 | ||
| 149 | - | ( | |
| 150 | + | (v) a public safety aviation employee; 2 | |
| 150 | 151 | ||
| 151 | - | (ii) a correctional officer; 4 | |
| 152 | + | (vi) a Maryland resident who was a member of the uniform services 3 | |
| 153 | + | of the United States serving in the Afghanistan or Iraq conflict; [or] 4 | |
| 152 | 154 | ||
| 153 | - | ( | |
| 155 | + | (vii) a hazardous material response team employee; OR 5 | |
| 154 | 156 | ||
| 155 | - | ( | |
| 157 | + | (VIII) A 9–1–1 SPECIALIST. 6 | |
| 156 | 158 | ||
| 157 | - | (v) a public safety aviation employee; 7 | |
| 159 | + | (2) For fiscal year 2009, and for each following fiscal year, the death benefit 7 | |
| 160 | + | provided in the prior fiscal year shall be adjusted by any change in the calendar year 8 | |
| 161 | + | preceding the fiscal year in the Consumer Price Index (All Urban Consumers – United 9 | |
| 162 | + | States City Average – All Items), as published by the United States Bureau of Labor 10 | |
| 163 | + | Statistics. 11 | |
| 158 | 164 | ||
| 159 | - | (vi) a Maryland resident who was a member of the uniform services 8 | |
| 160 | - | of the United States serving in the Afghanistan or Iraq conflict; [or] 9 | |
| 165 | + | (3) (i) Except as provided in subparagraphs (ii) and (iii) of this 12 | |
| 166 | + | paragraph, an application for a death benefit under this subsection shall be submitted 13 | |
| 167 | + | within 3 years after the death of the decedent. 14 | |
| 161 | 168 | ||
| 162 | - | (vii) a hazardous material response team employee; OR 10 | |
| 169 | + | (ii) If the decedent died before June 1, 2010, an application for a 15 | |
| 170 | + | death benefit under this subsection shall be submitted on or before May 31, 2013. 16 | |
| 163 | 171 | ||
| 164 | - | (VIII) A 9–1–1 SPECIALIST. 11 | |
| 172 | + | (iii) An application for a death benefit under subsection [(f)(4)] (G)(3) 17 | |
| 173 | + | of this section shall be submitted within 3 years of the finding of evidence that the death of 18 | |
| 174 | + | the decedent resulted from an act committed against the decedent by another due to the 19 | |
| 175 | + | nature and performance of the decedent’s duties. 20 | |
| 165 | 176 | ||
| 166 | - | (2) For fiscal year 2009, and for each following fiscal year, the death benefit 12 | |
| 167 | - | provided in the prior fiscal year shall be adjusted by any change in the calendar year 13 | |
| 168 | - | preceding the fiscal year in the Consumer Price Index (All Urban Consumers – United 14 | |
| 169 | - | States City Average – All Items), as published by the United States Bureau of Labor 15 | |
| 170 | - | Statistics. 16 | |
| 177 | + | (4) A death benefit under this subsection is in addition to: 21 | |
| 171 | 178 | ||
| 172 | - | (3) (i) Except as provided in subparagraphs (ii) and (iii) of this 17 | |
| 173 | - | paragraph, an application for a death benefit under this subsection shall be submitted 18 | |
| 174 | - | within 3 years after the death of the decedent. 19 | |
| 179 | + | (i) any workers’ compensation benefits; 22 | |
| 175 | 180 | ||
| 176 | - | (ii) | |
| 177 | - | ||
| 181 | + | (ii) the proceeds of any form of life insurance, regardless of who paid 23 | |
| 182 | + | the premiums on the insurance; and 24 | |
| 178 | 183 | ||
| 179 | - | (iii) An application for a death benefit under subsection [(f)(4)] (G)(3) 22 | |
| 180 | - | of this section shall be submitted within 3 years of the finding of evidence that the death of 23 | |
| 181 | - | the decedent resulted from an act committed against the decedent by another due to the 24 | |
| 182 | - | nature and performance of the decedent’s duties. 25 | |
| 184 | + | (iii) the funeral benefit provided under subsection (d) of this section. 25 | |
| 183 | 185 | ||
| 184 | - | (4) A death benefit under this subsection is in addition to: 26 | |
| 186 | + | (5) On receiving notice of the death of an individual described in paragraph 26 | |
| 187 | + | (1) of this subsection, the Department of Public Safety and Correctional Services shall take 27 | |
| 188 | + | reasonable steps to notify potential recipients of the potential death benefits available 28 | |
| 189 | + | under this subsection: 29 | |
| 185 | 190 | ||
| 186 | - | (i) | |
| 191 | + | (i) when the Department receives notice of the death; and 30 | |
| 187 | 192 | ||
| 188 | - | (ii) the proceeds of any form of life insurance, regardless of who paid 28 | |
| 189 | - | the premiums on the insurance; and 29 | |
| 190 | - | ||
| 191 | - | (iii) the funeral benefit provided under subsection (d) of this section. 30 | |
| 192 | - | SENATE BILL 396 5 | |
| 193 | - | ||
| 194 | - | ||
| 195 | - | (5) On receiving notice of the death of an individual described in paragraph 1 | |
| 196 | - | (1) of this subsection, the Department of Public Safety and Correctional Services shall take 2 | |
| 197 | - | reasonable steps to notify potential recipients of the potential death benefits available 3 | |
| 198 | - | under this subsection: 4 | |
| 199 | - | ||
| 200 | - | (i) when the Department receives notice of the death; and 5 | |
| 201 | - | ||
| 202 | - | (ii) again 1 year after the date of the death, if an application for a 6 | |
| 203 | - | death benefit with respect to the death of the decedent has not been submitted. 7 | |
| 204 | - | ||
| 205 | - | (c) (1) Whenever an individual identified in subsection (b)(1)(i) through (v) 8 | |
| 206 | - | and (vii) of this section dies as the direct and proximate result of a heart attack or stroke, 9 | |
| 207 | - | the individual shall be presumed to have died as a direct and proximate result of a personal 10 | |
| 208 | - | injury sustained in the performance of duties if: 11 | |
| 209 | - | ||
| 210 | - | (i) the individual, while on duty: 12 | |
| 211 | - | ||
| 212 | - | 1. engaged in a situation that involved nonroutine stressful 13 | |
| 213 | - | or strenuous physical law enforcement, fire suppression, rescue, response to a discharge of 14 | |
| 214 | - | oil or a release of hazardous material, emergency medical services, prison security, disaster 15 | |
| 215 | - | relief, flight operations as a crew member in a rotary or fixed wing aircraft, or other 16 | |
| 216 | - | emergency response activity; or 17 | |
| 217 | - | ||
| 218 | - | 2. participated in a training exercise that involved 18 | |
| 219 | - | nonroutine stressful or strenuous physical activity; 19 | |
| 220 | - | ||
| 221 | - | (ii) the individual died as a result of a heart attack or stroke that the 20 | |
| 222 | - | individual suffered: 21 | |
| 223 | - | ||
| 224 | - | 1. while engaging or participating in an activity described in 22 | |
| 225 | - | item (i)1 or 2 of this paragraph; 23 | |
| 226 | - | ||
| 227 | - | 2. while still on duty after engaging or participating in an 24 | |
| 228 | - | activity described in item (i)1 or 2 of this paragraph; or 25 | |
| 229 | - | ||
| 230 | - | 3. not later than 24 hours after engaging or participating in 26 | |
| 231 | - | an activity described in item (i)1 or 2 of this paragraph; and 27 | |
| 232 | - | ||
| 233 | - | (iii) the presumption is not overcome by competent medical evidence 28 | |
| 234 | - | to the contrary. 29 | |
| 235 | - | ||
| 236 | - | (2) For purposes of paragraph (1) of this subsection, nonroutine stressful 30 | |
| 237 | - | or strenuous physical activity does not include actions of a clerical, administrative, or 31 | |
| 238 | - | nonmanual nature. 32 | |
| 239 | - | ||
| 240 | - | (d) (1) Except as provided in subsection [(j)] (K) of this section, reasonable 33 | |
| 241 | - | funeral expenses, not exceeding $25,000, shall be paid to the surviving spouse, child, 34 6 SENATE BILL 396 | |
| 242 | - | ||
| 243 | - | ||
| 244 | - | parent, or estate of each of the following individuals who is killed or dies in the performance 1 | |
| 245 | - | of duties: 2 | |
| 246 | - | ||
| 247 | - | (i) a law enforcement officer; 3 | |
| 248 | - | ||
| 249 | - | (ii) a correctional officer; 4 | |
| 250 | - | ||
| 251 | - | (iii) a volunteer or career firefighter or rescue squad member; 5 | |
| 252 | - | ||
| 253 | - | (iv) a public safety aviation employee; 6 | |
| 254 | - | ||
| 255 | - | (v) a sworn member of the office of State Fire Marshal; or 7 | |
| 256 | - | ||
| 257 | - | (vi) a hazardous material response team employee. 8 | |
| 258 | - | ||
| 259 | - | (2) For fiscal year 2026 and each fiscal year thereafter, the funeral benefit 9 | |
| 260 | - | provided in the prior fiscal year shall be adjusted by any change in the calendar year 10 | |
| 261 | - | preceding the fiscal year in the Consumer Price Index (All Urban Consumers – United 11 | |
| 262 | - | States City Average – All Items), as published by the United States Bureau of Labor 12 | |
| 263 | - | Statistics. 13 | |
| 264 | - | ||
| 265 | - | (e) (1) The Secretary of State shall issue a State flag to the family of a 14 | |
| 266 | - | firefighter, policeman, member of the military, sworn member of the office of State Fire 15 | |
| 267 | - | Marshal, or professional or volunteer emergency medical services provider who is killed in 16 | |
| 268 | - | the performance of duty. 17 | |
| 269 | - | ||
| 270 | - | (2) (i) Except when the deceased is a member of the military, the flag 18 | |
| 271 | - | shall be presented to the family of the deceased by the State Senator of the legislative 19 | |
| 272 | - | district in which the deceased resided or served. 20 | |
| 273 | - | ||
| 274 | - | (ii) When the deceased is a member of the military, the flag shall be 21 | |
| 275 | - | presented to the family of the deceased by the Department of Veterans and Military 22 | |
| 276 | - | Families. 23 | |
| 277 | - | ||
| 278 | - | (F) AN INDIVIDUAL IDENTIF IED IN SUBSECTION (B)(1)(I) THROUGH (VIII) 24 | |
| 279 | - | OF THIS SECTION SHAL L BE PRESUMED TO HAV E DIED AS A DIRECT AND PROXIMATE 25 | |
| 280 | - | RESULT OF AN INJURY SUSTAINED IN THE PER FORMANCE OF DUTIES I F: 26 | |
| 281 | - | ||
| 282 | - | (1) (I) THE INDIVIDUAL WAS D IAGNOSED BY A LICENS ED MEDICAL 27 | |
| 283 | - | OR MENTAL HEALTH PRO FESSIONAL WITH POST –TRAUMATIC STRESS DIS ORDER, 28 | |
| 284 | - | ACUTE STRESS DISORDE R, OR A TRAUMA– AND STRESS–RELATED DISORDER ; AND 29 | |
| 285 | - | ||
| 286 | - | (II) THE DIAGNOSIS UNDER ITEM (I) OF THIS ITEM RESULTE D 30 | |
| 287 | - | DUE TO THE NATURE AN D PERFORMANCE OF THE INDIVIDUAL’S DUTIES; AND 31 | |
| 288 | - | ||
| 289 | - | (2) THE INDIVIDUAL ’S DEATH OCCURS BY SU ICIDE. 32 SENATE BILL 396 7 | |
| 193 | + | (ii) again 1 year after the date of the death, if an application for a 31 | |
| 194 | + | death benefit with respect to the death of the decedent has not been submitted. 32 SENATE BILL 396 5 | |
| 290 | 195 | ||
| 291 | 196 | ||
| 292 | 197 | ||
| 293 | - | [(f)] (G) On a case–by–case basis, the Secretary of Public Safety and 1 | |
| 294 | - | Correctional Services may award a death benefit under this section if: 2 | |
| 198 | + | (c) (1) Whenever an individual identified in subsection (b)(1)(i) through (v) 1 | |
| 199 | + | and (vii) of this section dies as the direct and proximate result of a heart attack or stroke, 2 | |
| 200 | + | the individual shall be presumed to have died as a direct and proximate result of a personal 3 | |
| 201 | + | injury sustained in the performance of duties if: 4 | |
| 295 | 202 | ||
| 296 | - | (1) the decedent’s death was caused by the decedent’s intentional 3 | |
| 297 | - | misconduct; 4 | |
| 203 | + | (i) the individual, while on duty: 5 | |
| 298 | 204 | ||
| 299 | - | (2) [the decedent intended to bring about the decedent’s death; 5 | |
| 205 | + | 1. engaged in a situation that involved nonroutine stressful 6 | |
| 206 | + | or strenuous physical law enforcement, fire suppression, rescue, response to a discharge of 7 | |
| 207 | + | oil or a release of hazardous material, emergency medical services, prison security, disaster 8 | |
| 208 | + | relief, flight operations as a crew member in a rotary or fixed wing aircraft, or other 9 | |
| 209 | + | emergency response activity; or 10 | |
| 300 | 210 | ||
| 301 | - | | |
| 302 | - | ||
| 211 | + | 2. participated in a training exercise that involved 11 | |
| 212 | + | nonroutine stressful or strenuous physical activity; 12 | |
| 303 | 213 | ||
| 304 | - | [(4)] (3) additional evidence arises that the decedent’s death resulted 8 | |
| 305 | - | from an act committed against the decedent by another due to the nature and performance 9 | |
| 306 | - | of the decedent’s duties. 10 | |
| 214 | + | (ii) the individual died as a result of a heart attack or stroke that the 13 | |
| 215 | + | individual suffered: 14 | |
| 307 | 216 | ||
| 308 | - | | |
| 309 | - | ||
| 217 | + | 1. while engaging or participating in an activity described in 15 | |
| 218 | + | item (i)1 or 2 of this paragraph; 16 | |
| 310 | 219 | ||
| 311 | - | (1) to the decedent’s surviving spouse; 13 | |
| 220 | + | 2. while still on duty after engaging or participating in an 17 | |
| 221 | + | activity described in item (i)1 or 2 of this paragraph; or 18 | |
| 312 | 222 | ||
| 313 | - | | |
| 314 | - | ||
| 223 | + | 3. not later than 24 hours after engaging or participating in 19 | |
| 224 | + | an activity described in item (i)1 or 2 of this paragraph; and 20 | |
| 315 | 225 | ||
| 316 | - | (3) (i) for a death benefit under subsection (b) of this section, if no 16 | |
| 317 | - | individual is eligible under item (1) or (2) of this subsection, to the decedent’s surviving 17 | |
| 318 | - | parent, if the parent was a dependent as defined in § 152 of the Internal Revenue Code; or 18 | |
| 226 | + | (iii) the presumption is not overcome by competent medical evidence 21 | |
| 227 | + | to the contrary. 22 | |
| 319 | 228 | ||
| 320 | - | (ii) for any other benefit under this section, if no individual is eligible 19 | |
| 321 | - | under item (1) or (2) of this subsection, to the decedent’s surviving parent; or 20 | |
| 229 | + | (2) For purposes of paragraph (1) of this subsection, nonroutine stressful 23 | |
| 230 | + | or strenuous physical activity does not include actions of a clerical, administrative, or 24 | |
| 231 | + | nonmanual nature. 25 | |
| 322 | 232 | ||
| 323 | - | (4) if no individual is eligible under item (1), (2), or (3) of this subsection, 21 | |
| 324 | - | to the decedent’s estate. 22 | |
| 233 | + | (d) (1) Except as provided in subsection [(j)] (K) of this section, reasonable 26 | |
| 234 | + | funeral expenses, not exceeding $25,000, shall be paid to the surviving spouse, child, 27 | |
| 235 | + | parent, or estate of each of the following individuals who is killed or dies in the performance 28 | |
| 236 | + | of duties: 29 | |
| 325 | 237 | ||
| 326 | - | [(h)] (I) Payments under this section shall be made out of money that the 23 | |
| 327 | - | Governor includes for that purpose in the State budget. 24 | |
| 238 | + | (i) a law enforcement officer; 30 | |
| 328 | 239 | ||
| 329 | - | [(i)] (J) A person aggrieved by a final decision of the Secretary of Public Safety 25 | |
| 330 | - | and Correctional Services under this section may seek judicial review as provided for review 26 | |
| 331 | - | of final decisions in Title 10, Subtitle 2 of the State Government Article. 27 | |
| 240 | + | (ii) a correctional officer; 31 | |
| 332 | 241 | ||
| 333 | - | [(j)] (K) (1) This subsection applies only to a death benefit under subsection 28 | |
| 334 | - | (b) of this section or a funeral benefit under subsection (d) of this section payable on behalf 29 | |
| 335 | - | of a hazardous material response team employee employed by a local government agency. 30 | |
| 336 | - | 8 SENATE BILL 396 | |
| 242 | + | (iii) a volunteer or career firefighter or rescue squad member; 32 | |
| 243 | + | 6 SENATE BILL 396 | |
| 337 | 244 | ||
| 338 | 245 | ||
| 339 | - | (2) (i) A death benefit or funeral benefit may only be paid if the local 1 | |
| 340 | - | government agency that employs the hazardous material response team employee 2 | |
| 341 | - | maintains in reserve the amount needed to pay for one death benefit and one funeral 3 | |
| 342 | - | expense for a hazardous material response team employee. 4 | |
| 246 | + | (iv) a public safety aviation employee; 1 | |
| 343 | 247 | ||
| 344 | - | (ii) If the Secretary of Public Safety and Correctional Services 5 | |
| 345 | - | determines that a death benefit or funeral benefit is to be paid, the local government agency 6 | |
| 346 | - | that employed the hazardous material response team emp loyee shall pay to the 7 | |
| 347 | - | Department of Public Safety and Correctional Services the funds required to pay the 8 | |
| 348 | - | benefit. 9 | |
| 248 | + | (v) a sworn member of the office of State Fire Marshal; or 2 | |
| 349 | 249 | ||
| 350 | - | (3) (i) A local government agency is not required to place funds in 10 | |
| 351 | - | reserve under paragraph (2)(i) of this subsection. 11 | |
| 250 | + | (vi) a hazardous material response team employee. 3 | |
| 352 | 251 | ||
| 353 | - | (ii) If a local government agency does not place funds in reserve 12 | |
| 354 | - | under paragraph (2)(i) of this subsection, a death benefit or funeral benefit as provided for 13 | |
| 355 | - | under this subsection may not be paid. 14 | |
| 252 | + | (2) For fiscal year 2026 and each fiscal year thereafter, the funeral benefit 4 | |
| 253 | + | provided in the prior fiscal year shall be adjusted by any change in the calendar year 5 | |
| 254 | + | preceding the fiscal year in the Consumer Price Index (All Urban Consumers – United 6 | |
| 255 | + | States City Average – All Items), as published by the United States Bureau of Labor 7 | |
| 256 | + | Statistics. 8 | |
| 356 | 257 | ||
| 357 | - | 7–202. 15 | |
| 258 | + | (e) (1) The Secretary of State shall issue a State flag to the family of a 9 | |
| 259 | + | firefighter, policeman, member of the military, sworn member of the office of State Fire 10 | |
| 260 | + | Marshal, or professional or volunteer emergency medical services provider who is killed in 11 | |
| 261 | + | the performance of duty. 12 | |
| 358 | 262 | ||
| 359 | - | (a) (1) A member of a volunteer fire company or volunteer rescue squad is 16 | |
| 360 | - | eligible for disability benefits from the Maryland State Firemen’s Association if: 17 | |
| 263 | + | (2) (i) Except when the deceased is a member of the military, the flag 13 | |
| 264 | + | shall be presented to the family of the deceased by the State Senator of the legislative 14 | |
| 265 | + | district in which the deceased resided or served. 15 | |
| 361 | 266 | ||
| 362 | - | (i) 1. the member’s fire company or rescue squad recommends 18 | |
| 363 | - | that the member receive benefits; and 19 | |
| 267 | + | (ii) When the deceased is a member of the military, the flag shall be 16 | |
| 268 | + | presented to the family of the deceased by the Department of Veterans and Military 17 | |
| 269 | + | Families. 18 | |
| 364 | 270 | ||
| 365 | - | [(ii)] 2. the member is permanently or temporarily disabled: 20 | |
| 271 | + | (F) AN INDIVIDUAL IDENTIF IED IN SUBSECTION (B)(1)(I) THROUGH (VIII) 19 | |
| 272 | + | OF THIS SECTION SHAL L BE PRESUMED TO HAV E DIED AS A DIRECT A ND PROXIMATE 20 | |
| 273 | + | RESULT OF AN INJURY SUSTAINED IN THE PER FORMANCE OF DUTIES I F: 21 | |
| 366 | 274 | ||
| 367 | - | [1.] A. as a direct result of actively participating in fighting 21 | |
| 368 | - | a fire; 22 | |
| 275 | + | (1) (I) THE INDIVIDUAL WAS D IAGNOSED BY A LICENS ED MEDICAL 22 | |
| 276 | + | OR MENTAL HEALTH PRO FESSIONAL WITH POST –TRAUMATIC STRESS DIS ORDER, 23 | |
| 277 | + | ACUTE STRESS DISORDE R, OR A TRAUMA– AND STRESS–RELATED DISORDER ; AND 24 | |
| 369 | 278 | ||
| 370 | - | [2.] B. while going to or from a fire; 23 | |
| 279 | + | (II) THE DIAGNOSIS UNDER ITEM (I) OF THIS ITEM RESULTE D 25 | |
| 280 | + | DUE TO THE NATURE AN D PERFORMANCE OF THE INDIVIDUAL’S DUTIES; AND 26 | |
| 371 | 281 | ||
| 372 | - | [3.] C. while performing other duties necessary to the 24 | |
| 373 | - | operation or maintenance of the fire company; 25 | |
| 282 | + | (2) THE INDIVIDUAL ’S DEATH OCCURS BY SU ICIDE. 27 | |
| 374 | 283 | ||
| 375 | - | [4.] D. while actively participating in the emergency 26 | |
| 376 | - | medical services unit, or rescue work of a volunteer advanced life support unit or a 27 | |
| 377 | - | volunteer fire, ambulance, or rescue company located in the State; or 28 | |
| 284 | + | [(f)] (G) On a case–by–case basis, the Secretary of Public Safety and 28 | |
| 285 | + | Correctional Services may award a death benefit under this section if: 29 | |
| 378 | 286 | ||
| 379 | - | [5.] E. while providing emergency or rescue assistance, 29 | |
| 380 | - | whether acting alone or at the direction of or with a fire, ambulance, or rescue company or 30 | |
| 381 | - | advanced life support unit; OR 31 | |
| 287 | + | (1) the decedent’s death was caused by the decedent’s intentional 30 | |
| 288 | + | misconduct; 31 | |
| 289 | + | ||
| 290 | + | (2) [the decedent intended to bring about the decedent’s death; 32 | |
| 291 | + | SENATE BILL 396 7 | |
| 292 | + | ||
| 293 | + | ||
| 294 | + | (3)] the decedent’s voluntary intoxication was the proximate cause of the 1 | |
| 295 | + | decedent’s death; or 2 | |
| 296 | + | ||
| 297 | + | [(4)] (3) additional evidence arises that the decedent’s death resulted 3 | |
| 298 | + | from an act committed against the decedent by another due to the nature and performance 4 | |
| 299 | + | of the decedent’s duties. 5 | |
| 300 | + | ||
| 301 | + | [(g)] (H) If the Secretary of Public Safety and Correctional Services determines 6 | |
| 302 | + | that the benefits under this section are to be paid, the benefits shall be paid: 7 | |
| 303 | + | ||
| 304 | + | (1) to the decedent’s surviving spouse; 8 | |
| 305 | + | ||
| 306 | + | (2) if no individual is eligible under item (1) of this subsection, to each 9 | |
| 307 | + | surviving child of the decedent in equal shares; 10 | |
| 308 | + | ||
| 309 | + | (3) (i) for a death benefit under subsection (b) of this section, if no 11 | |
| 310 | + | individual is eligible under item (1) or (2) of this subsection, to the decedent’s surviving 12 | |
| 311 | + | parent, if the parent was a dependent as defined in § 152 of the Internal Revenue Code; or 13 | |
| 312 | + | ||
| 313 | + | (ii) for any other benefit under this section, if no individual is eligible 14 | |
| 314 | + | under item (1) or (2) of this subsection, to the decedent’s surviving parent; or 15 | |
| 315 | + | ||
| 316 | + | (4) if no individual is eligible under item (1), (2), or (3) of this subsection, 16 | |
| 317 | + | to the decedent’s estate. 17 | |
| 318 | + | ||
| 319 | + | [(h)] (I) Payments under this section shall be made out of money that the 18 | |
| 320 | + | Governor includes for that purpose in the State budget. 19 | |
| 321 | + | ||
| 322 | + | [(i)] (J) A person aggrieved by a final decision of the Secretary of Public Safety 20 | |
| 323 | + | and Correctional Services under this section may seek judicial review as provided for review 21 | |
| 324 | + | of final decisions in Title 10, Subtitle 2 of the State Government Article. 22 | |
| 325 | + | ||
| 326 | + | [(j)] (K) (1) This subsection applies only to a death benefit under subsection 23 | |
| 327 | + | (b) of this section or a funeral benefit under subsection (d) of this section payable on behalf 24 | |
| 328 | + | of a hazardous material response team employee employed by a local government agency. 25 | |
| 329 | + | ||
| 330 | + | (2) (i) A death benefit or funeral benefit may only be paid if the local 26 | |
| 331 | + | government agency that employs the hazardous material response team employee 27 | |
| 332 | + | maintains in reserve the amount needed to pay for one death benefit and one funeral 28 | |
| 333 | + | expense for a hazardous material response team employee. 29 | |
| 334 | + | ||
| 335 | + | (ii) If the Secretary of Public Safety and Correctional Services 30 | |
| 336 | + | determines that a death benefit or funeral benefit is to be paid, the local government agency 31 | |
| 337 | + | that employed the hazardous material response team employee shall pay to the 32 | |
| 338 | + | Department of Public Safety and Correctional Services the funds required to pay the 33 | |
| 339 | + | benefit. 34 8 SENATE BILL 396 | |
| 340 | + | ||
| 341 | + | ||
| 342 | + | ||
| 343 | + | (3) (i) A local government agency is not required to place funds in 1 | |
| 344 | + | reserve under paragraph (2)(i) of this subsection. 2 | |
| 345 | + | ||
| 346 | + | (ii) If a local government agency does not place funds in reserve 3 | |
| 347 | + | under paragraph (2)(i) of this subsection, a death benefit or funeral benefit as provided for 4 | |
| 348 | + | under this subsection may not be paid. 5 | |
| 349 | + | ||
| 350 | + | 7–202. 6 | |
| 351 | + | ||
| 352 | + | (a) (1) A member of a volunteer fire company or volunteer rescue squad is 7 | |
| 353 | + | eligible for disability benefits from the Maryland State Firemen’s Association if: 8 | |
| 354 | + | ||
| 355 | + | (i) 1. the member’s fire company or rescue squad recommends 9 | |
| 356 | + | that the member receive benefits; and 10 | |
| 357 | + | ||
| 358 | + | [(ii)] 2. the member is permanently or temporarily disabled: 11 | |
| 359 | + | ||
| 360 | + | [1.] A. as a direct result of actively participating in fighting 12 | |
| 361 | + | a fire; 13 | |
| 362 | + | ||
| 363 | + | [2.] B. while going to or from a fire; 14 | |
| 364 | + | ||
| 365 | + | [3.] C. while performing other duties necessary to the 15 | |
| 366 | + | operation or maintenance of the fire company; 16 | |
| 367 | + | ||
| 368 | + | [4.] D. while actively participating in the emergency 17 | |
| 369 | + | medical services unit, or rescue work of a volunteer advanced life support unit or a 18 | |
| 370 | + | volunteer fire, ambulance, or rescue company located in the State; or 19 | |
| 371 | + | ||
| 372 | + | [5.] E. while providing emergency or rescue assistance, 20 | |
| 373 | + | whether acting alone or at the direction of or with a fire, ambulance, or rescue company or 21 | |
| 374 | + | advanced life support unit; OR 22 | |
| 375 | + | ||
| 376 | + | (II) THE MEMBER IS MENTAL LY OR PHYSICALLY 23 | |
| 377 | + | INCAPACITATED FOR TH E FURTHER PERFORMANC E OF THE NORMAL DUTI ES OF THE 24 | |
| 378 | + | MEMBER’S POSITION AND: 25 | |
| 379 | + | ||
| 380 | + | 1. THE MEMBER WAS DIAGN OSED BY A LICENSED 26 | |
| 381 | + | MEDICAL OR MENTAL HE ALTH PROFESSIONAL WI TH POST–TRAUMATIC STRESS 27 | |
| 382 | + | DISORDER, ACUTE STRESS DISORDER , OR A TRAUMA – AND STRESS –RELATED 28 | |
| 383 | + | DISORDER; 29 | |
| 382 | 384 | SENATE BILL 396 9 | |
| 383 | 385 | ||
| 384 | 386 | ||
| 385 | - | (II) THE MEMBER IS MENTAL LY OR PHYSICALLY 1 | |
| 386 | - | INCAPACITATED FOR TH E FURTHER PERFORMANC E OF THE NORMAL DUTI ES OF THE 2 | |
| 387 | - | MEMBER’S POSITION AND: 3 | |
| 388 | - | ||
| 389 | - | 1. THE MEMBER WAS DIAGN OSED BY A LICENSED 4 | |
| 390 | - | MEDICAL OR MENTAL HE ALTH PROFESSIONAL WI TH POST–TRAUMATIC STRESS 5 | |
| 391 | - | DISORDER, ACUTE STRESS DISORDE R, OR A TRAUMA – AND STRESS –RELATED 6 | |
| 392 | - | DISORDER; 7 | |
| 393 | - | ||
| 394 | - | 2. THE DIAGNOSIS UNDER ITEM 1 OF THIS ITEM 8 | |
| 395 | - | RESULTED DUE TO THE N ATURE AND PERFORMANC E OF THE NORMAL DUTI ES OF 9 | |
| 396 | - | THE MEMBER ’S POSITION; 10 | |
| 397 | - | ||
| 398 | - | 3. THE INCAPACITY IS LI KELY TO BE PERMANENT ; AND 11 | |
| 399 | - | ||
| 400 | - | 4. THE MEMBER SHOULD BE RETIRED. 12 | |
| 401 | - | ||
| 402 | - | (2) A benefit under this section shall be paid: 13 | |
| 403 | - | ||
| 404 | - | (i) regardless of the district in which the beneficiary was disabled; 14 | |
| 405 | - | or 15 | |
| 406 | - | ||
| 407 | - | (ii) regardless of whether the beneficiary was disabled in this State, 16 | |
| 408 | - | Delaware, the District of Columbia, Pennsylvania, Virginia, or West Virginia. 17 | |
| 409 | - | ||
| 410 | - | (b) The Board shall pay a benefit under this section from the treasury of the 18 | |
| 411 | - | Maryland State Firemen’s Association in the amount and in the manner that the Board 19 | |
| 412 | - | determines until the beneficiary is no longer disabled. 20 | |
| 413 | - | ||
| 414 | - | (c) The secretary of the Board shall add the name of each beneficiary under this 21 | |
| 415 | - | section to the Disabled Firemen’s and Rescue Squadmen’s List. 22 | |
| 416 | - | ||
| 417 | - | Article – State Personnel and Pensions 23 | |
| 418 | - | ||
| 419 | - | 29–109. 24 | |
| 420 | - | ||
| 421 | - | (a) This section does not apply to the State Police Retirement System. 25 | |
| 422 | - | ||
| 423 | - | (b) Except as provided in subsection (c) of this section, the Board of Trustees shall 26 | |
| 424 | - | grant an accidental disability retirement allowance to a member if: 27 | |
| 425 | - | ||
| 426 | - | (1) the member is totally and permanently incapacitated for duty as the 28 | |
| 427 | - | natural and proximate result of an accident that occurred in the actual performance of duty 29 | |
| 428 | - | at a definite time and place without willful negligence by the member; and 30 | |
| 429 | - | ||
| 430 | - | (2) the medical board certifies that: 31 10 SENATE BILL 396 | |
| 431 | - | ||
| 432 | - | ||
| 433 | - | ||
| 434 | - | (i) the member is mentally or physically incapacitated for the 1 | |
| 435 | - | further performance of the normal duties of the member’s position; 2 | |
| 436 | - | ||
| 437 | - | (ii) the incapacity is likely to be permanent; and 3 | |
| 438 | - | ||
| 439 | - | (iii) the member should be retired. 4 | |
| 440 | - | ||
| 441 | - | (c) The Board of Trustees shall grant an accidental disability retirement 5 | |
| 442 | - | allowance to a member of the Law Enforcement Officers’ Pension System if: 6 | |
| 443 | - | ||
| 444 | - | (1) the member is totally and permanently incapacitated for duty arising 7 | |
| 445 | - | out of or in the course of the actual performance of duty without willful negligence by the 8 | |
| 446 | - | member; and 9 | |
| 447 | - | ||
| 448 | - | (2) the medical board certifies that: 10 | |
| 449 | - | ||
| 450 | - | (i) the member is totally incapacitated, either ment ally or 11 | |
| 451 | - | physically, for the further performance of duty; 12 | |
| 452 | - | ||
| 453 | - | (ii) the incapacity is likely to be permanent; and 13 | |
| 454 | - | ||
| 455 | - | (iii) the member should be retired. 14 | |
| 456 | - | ||
| 457 | - | (D) (1) THIS SUBSECTION APPLI ES ONLY TO MEMBERS O F: 15 | |
| 458 | - | ||
| 459 | - | (I) THE CORRECTIONAL OFFICERS’ RETIREMENT SYSTEM; 16 | |
| 460 | - | ||
| 461 | - | (II) THE LOCAL FIRE AND POLICE SYSTEM; AND 17 | |
| 462 | - | ||
| 463 | - | (III) THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM. 18 | |
| 464 | - | ||
| 465 | - | (2) A MEMBER IDENTIFIED UN DER PARAGRAPH (1)(I) OR (II) OF THIS 19 | |
| 466 | - | SUBSECTION SHALL BE PRESUMED TO BE TOTAL LY AND PERMANENTLY 20 | |
| 467 | - | INCAPACITATED FOR DU TY AS THE NATURAL AND P ROXIMATE RESULT OF A N 21 | |
| 468 | - | ACCIDENT THAT OCCURR ED IN THE ACTUAL PER FORMANCE OF DUTY AND THE 22 | |
| 469 | - | BOARD OF TRUSTEES SHALL GRANT AN ACCIDENTAL DISABI LITY RETIREMENT 23 | |
| 470 | - | ALLOWANCE TO THE MEM BER IF THE MEDICAL B OARD CERTIFIES THAT : 24 | |
| 471 | - | ||
| 472 | - | (I) THE MEMBER IS MENTALLY OR PHYSICAL LY 25 | |
| 473 | - | INCAPACITATED FOR TH E FURTHER PERFORMANC E OF THE NORMAL DUTI ES OF THE 26 | |
| 474 | - | MEMBER’S POSITION; 27 | |
| 475 | - | ||
| 476 | - | (II) THE MEMBER WAS DIAGN OSED BY A LICENSED M EDICAL OR 28 | |
| 477 | - | MENTAL HEALTH PROFES SIONAL WITH POST –TRAUMATIC STRESS DIS ORDER, 29 | |
| 478 | - | ACUTE STRESS DISORD ER, OR A TRAUMA– AND STRESS–RELATED DISORDER ; 30 SENATE BILL 396 11 | |
| 479 | - | ||
| 480 | - | ||
| 481 | - | ||
| 482 | - | (III) THE DIAGNOSIS UNDER ITEM (II) OF THIS PARAGRAPH 1 | |
| 387 | + | 2. THE DIAGNOSIS UNDER ITEM 1 OF THIS ITEM 1 | |
| 483 | 388 | RESULTED DUE TO THE NATURE AND PERFORMAN CE OF THE NORMAL DUT IES OF 2 | |
| 484 | 389 | THE MEMBER ’S POSITION; 3 | |
| 485 | 390 | ||
| 486 | - | | |
| 391 | + | 3. THE INCAPACITY IS LI KELY TO BE PERMANENT ; AND 4 | |
| 487 | 392 | ||
| 488 | - | | |
| 393 | + | 4. THE MEMBER SHOULD BE RETIRED. 5 | |
| 489 | 394 | ||
| 490 | - | (3) A MEMBER IDENTIFIED UN DER PARAGRAPH (1)(III) OF THIS 6 | |
| 491 | - | SUBSECTION SHALL BE PRESUMED TO BE TOTAL LY AND PERMANENTLY 7 | |
| 492 | - | INCAPACITATED FOR DU TY ARISING OUT OF OR IN THE COURSE OF THE ACTUAL 8 | |
| 493 | - | PERFORMANCE OF DUTY AND THE BOARD OF TRUSTEES SHALL GRANT AN 9 | |
| 494 | - | ACCIDENTAL DISABILIT Y RETIREMENT ALLOWAN CE TO THE MEMBER IF THE 10 | |
| 495 | - | MEDICAL BOARD CERTIF IES THAT: 11 | |
| 395 | + | (2) A benefit under this section shall be paid: 6 | |
| 496 | 396 | ||
| 497 | - | (I) THE MEMBER IS MENTAL LY OR PHYSICALLY 12 | |
| 498 | - | INCAPACITATED FOR TH E FURTHER PERFORMANC E OF THE NORMAL DUTI ES OF THE 13 | |
| 499 | - | MEMBER’S POSITION; 14 | |
| 397 | + | (i) regardless of the district in which the beneficiary was disabled; 7 | |
| 398 | + | or 8 | |
| 500 | 399 | ||
| 501 | - | (II) THE MEMBER WAS DIAGN OSED BY A LICENSED M EDICAL OR 15 | |
| 502 | - | MENTAL HEALTH PROFES SIONAL WITH POST –TRAUMATIC STRESS DIS ORDER, 16 | |
| 503 | - | ACUTE STRESS DISORDE R, OR A TRAUMA– AND STRESS–RELATED DISORDER ; 17 | |
| 400 | + | (ii) regardless of whether the beneficiary was disabled in this State, 9 | |
| 401 | + | Delaware, the District of Columbia, Pennsylvania, Virginia, or West Virginia. 10 | |
| 504 | 402 | ||
| 505 | - | ( | |
| 506 | - | ||
| 507 | - | THE | |
| 403 | + | (b) The Board shall pay a benefit under this section from the treasury of the 11 | |
| 404 | + | Maryland State Firemen’s Association in the amount and in the manner that the Board 12 | |
| 405 | + | determines until the beneficiary is no longer disabled. 13 | |
| 508 | 406 | ||
| 509 | - | (IV) THE INCAPACITY IS LI KELY TO BE PERMANENT ; AND 21 | |
| 407 | + | (c) The secretary of the Board shall add the name of each beneficiary under this 14 | |
| 408 | + | section to the Disabled Firemen’s and Rescue Squadmen’s List. 15 | |
| 510 | 409 | ||
| 511 | - | ||
| 410 | + | Article – State Personnel and Pensions 16 | |
| 512 | 411 | ||
| 513 | - | 29– | |
| 412 | + | 29–109. 17 | |
| 514 | 413 | ||
| 515 | - | (a) This section | |
| 414 | + | (a) This section does not apply to the State Police Retirement System. 18 | |
| 516 | 415 | ||
| 517 | - | (b) Except as provided in | |
| 518 | - | grant | |
| 416 | + | (b) Except as provided in subsection (c) of this section, the Board of Trustees shall 19 | |
| 417 | + | grant an accidental disability retirement allowance to a member if: 20 | |
| 519 | 418 | ||
| 520 | - | (1) the member is totally and permanently incapacitated for duty | |
| 521 | - | ||
| 522 | - | member; and | |
| 419 | + | (1) the member is totally and permanently incapacitated for duty as the 21 | |
| 420 | + | natural and proximate result of an accident that occurred in the actual performance of duty 22 | |
| 421 | + | at a definite time and place without willful negligence by the member; and 23 | |
| 523 | 422 | ||
| 524 | - | (2) the medical board certifies that: 30 | |
| 423 | + | (2) the medical board certifies that: 24 | |
| 424 | + | ||
| 425 | + | (i) the member is mentally or physically incapacitated for the 25 | |
| 426 | + | further performance of the normal duties of the member’s position; 26 | |
| 427 | + | ||
| 428 | + | (ii) the incapacity is likely to be permanent; and 27 | |
| 429 | + | ||
| 430 | + | (iii) the member should be retired. 28 | |
| 431 | + | 10 SENATE BILL 396 | |
| 432 | + | ||
| 433 | + | ||
| 434 | + | (c) The Board of Trustees shall grant an accidental disability retirement 1 | |
| 435 | + | allowance to a member of the Law Enforcement Officers’ Pension System if: 2 | |
| 436 | + | ||
| 437 | + | (1) the member is totally and permanently incapacitated for duty arising 3 | |
| 438 | + | out of or in the course of the actual performance of duty without willful negligence by the 4 | |
| 439 | + | member; and 5 | |
| 440 | + | ||
| 441 | + | (2) the medical board certifies that: 6 | |
| 442 | + | ||
| 443 | + | (i) the member is totally incapacitated, either mentally or 7 | |
| 444 | + | physically, for the further performance of duty; 8 | |
| 445 | + | ||
| 446 | + | (ii) the incapacity is likely to be permanent; and 9 | |
| 447 | + | ||
| 448 | + | (iii) the member should be retired. 10 | |
| 449 | + | ||
| 450 | + | (D) (1) THIS SUBSECTION APPLI ES ONLY TO MEMBERS O F: 11 | |
| 451 | + | ||
| 452 | + | (I) THE CORRECTIONAL OFFICERS’ RETIREMENT SYSTEM; 12 | |
| 453 | + | ||
| 454 | + | (II) THE LOCAL FIRE AND POLICE SYSTEM; AND 13 | |
| 455 | + | ||
| 456 | + | (III) THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM. 14 | |
| 457 | + | ||
| 458 | + | (2) A MEMBER IDENTIFIED UN DER PARAGRAPH (1)(I) OR (II) OF THIS 15 | |
| 459 | + | SUBSECTION SHALL BE PRESUMED TO BE TOTAL LY AND PERMANENTLY 16 | |
| 460 | + | INCAPACITATED FOR DU TY AS THE NATURAL AN D PROXIMATE RESULT O F AN 17 | |
| 461 | + | ACCIDENT THAT OCCURR ED IN THE ACTUAL PER FORMANCE OF DUTY AND THE 18 | |
| 462 | + | BOARD OF TRUSTEES SHALL GRANT AN ACCIDENTAL DISABI LITY RETIREMENT 19 | |
| 463 | + | ALLOWANCE TO THE MEM BER IF THE MEDICAL B OARD CERTIFIES THAT : 20 | |
| 464 | + | ||
| 465 | + | (I) THE MEMBER IS MENTAL LY OR PHYSICALLY 21 | |
| 466 | + | INCAPACITATED FOR TH E FURTHER PERFORMANC E OF THE NORMAL DUTI ES OF THE 22 | |
| 467 | + | MEMBER’S POSITION; 23 | |
| 468 | + | ||
| 469 | + | (II) THE MEMBER WAS DIAGN OSED BY A LICENSED M EDICAL OR 24 | |
| 470 | + | MENTAL HEALTH PROFES SIONAL WITH POST –TRAUMATIC STRESS DIS ORDER, 25 | |
| 471 | + | ACUTE STRESS DISORDE R, OR A TRAUMA– AND STRESS–RELATED DISORDER ; 26 | |
| 472 | + | ||
| 473 | + | (III) THE DIAGNOSIS UNDER ITEM (II) OF THIS PARAGRAPH 27 | |
| 474 | + | RESULTED D UE TO THE NATURE AND PERFORMANCE OF THE N ORMAL DUTIES OF 28 | |
| 475 | + | THE MEMBER ’S POSITION; 29 | |
| 476 | + | ||
| 477 | + | (IV) THE INCAPACITY IS LI KELY TO BE PERMANENT ; AND 30 | |
| 478 | + | SENATE BILL 396 11 | |
| 479 | + | ||
| 480 | + | ||
| 481 | + | (V) THE MEMBER SHOULD BE RETIRED. 1 | |
| 482 | + | ||
| 483 | + | (3) A MEMBER IDENTIFIED UN DER PARAGRAPH (1)(III) OF THIS 2 | |
| 484 | + | SUBSECTION SHALL BE PRESUMED TO BE TOTALLY AND PERMANENTLY 3 | |
| 485 | + | INCAPACITATED FOR DU TY ARISING OUT OF OR IN THE COURSE OF THE ACTUAL 4 | |
| 486 | + | PERFORMANCE OF DUTY AND THE BOARD OF TRUSTEES SHALL GRANT AN 5 | |
| 487 | + | ACCIDENTAL DISABILIT Y RETIREMENT ALLOWAN CE TO THE MEMBER IF THE 6 | |
| 488 | + | MEDICAL BOARD CERTIF IES THAT: 7 | |
| 489 | + | ||
| 490 | + | (I) THE MEMBER IS MENTAL LY OR PHYSICALLY 8 | |
| 491 | + | INCAPACITATED FOR TH E FURTHER PERFORMANC E OF THE NORMAL DUTI ES OF THE 9 | |
| 492 | + | MEMBER’S POSITION; 10 | |
| 493 | + | ||
| 494 | + | (II) THE MEMBER WAS DIAGN OSED BY A LICENSED M EDICAL OR 11 | |
| 495 | + | MENTAL HEALTH PROFES SIONAL WITH POST –TRAUMATIC STRESS DIS ORDER, 12 | |
| 496 | + | ACUTE STRESS DISORDE R, OR A TRAUMA– AND STRESS–RELATED DISORDER ; 13 | |
| 497 | + | ||
| 498 | + | (III) THE DIAGNOSIS UNDER ITEM (II) OF THIS PARAGRAPH 14 | |
| 499 | + | RESULTED DUE TO THE NATURE AND PERFORMAN CE OF THE NORMAL DUT IES OF 15 | |
| 500 | + | THE MEMBER ’S POSITION; 16 | |
| 501 | + | ||
| 502 | + | (IV) THE INCAPACITY IS LI KELY TO BE PERMANENT ; AND 17 | |
| 503 | + | ||
| 504 | + | (V) THE MEMBER SHOULD BE RETIRED. 18 | |
| 505 | + | ||
| 506 | + | 29–111. 19 | |
| 507 | + | ||
| 508 | + | (a) This section applies to the State Police Retirement System. 20 | |
| 509 | + | ||
| 510 | + | (b) Except as provided in § 24–401.1(k) of this article, the Board of Trustees shall 21 | |
| 511 | + | grant a special disability retirement allowance to a member if: 22 | |
| 512 | + | ||
| 513 | + | (1) the member is totally and permanently incapacitated for duty arising 23 | |
| 514 | + | out of or in the course of the actual performance of duty without willful negligence by the 24 | |
| 515 | + | member; and 25 | |
| 516 | + | ||
| 517 | + | (2) the medical board certifies that: 26 | |
| 518 | + | ||
| 519 | + | (i) the member is totally incapacitated, either mentally or 27 | |
| 520 | + | physically, for the further performance of duty; 28 | |
| 521 | + | ||
| 522 | + | (ii) the incapacity is likely to be permanent; and 29 | |
| 523 | + | ||
| 524 | + | (iii) the member should be retired. 30 | |
| 525 | 525 | 12 SENATE BILL 396 | |
| 526 | 526 | ||
| 527 | 527 | ||
| 528 | - | ( | |
| 529 | - | ||
| 528 | + | (c) Except as provided in subsection (d) of this section, a special disability 1 | |
| 529 | + | retirement allowance equals the lesser of: 2 | |
| 530 | 530 | ||
| 531 | - | ( | |
| 531 | + | (1) the member’s average final compensation; or 3 | |
| 532 | 532 | ||
| 533 | - | ( | |
| 533 | + | (2) the sum of: 4 | |
| 534 | 534 | ||
| 535 | - | ( | |
| 536 | - | retirement | |
| 535 | + | (i) an annuity that is the actuarial equivalent of the member’s 5 | |
| 536 | + | accumulated contributions at retirement; and 6 | |
| 537 | 537 | ||
| 538 | - | (1) the member’s average final compensation; or 7 | |
| 538 | + | (ii) a pension equal to two–thirds of the member’s average final 7 | |
| 539 | + | compensation. 8 | |
| 539 | 540 | ||
| 540 | - | (2) the sum of: 8 | |
| 541 | + | (d) (1) This subsection applies to a member who is at least normal retirement 9 | |
| 542 | + | age. 10 | |
| 541 | 543 | ||
| 542 | - | (i) an annuity that is the actuarial equivalent of the member’s 9 | |
| 543 | - | accumulated contributions at retirement; and 10 | |
| 544 | + | (2) A special disability retirement allowance equals the greater of: 11 | |
| 544 | 545 | ||
| 545 | - | (ii) a pension equal to two–thirds of the member’s average final 11 | |
| 546 | - | compensation. 12 | |
| 546 | + | (i) a normal service retirement allowance; or 12 | |
| 547 | 547 | ||
| 548 | - | ( | |
| 549 | - | ||
| 548 | + | (ii) a special disability retirement allowance computed in accordance 13 | |
| 549 | + | with subsection (c) of this section. 14 | |
| 550 | 550 | ||
| 551 | - | (2) A special disability retirement allowance equals the greater of: 15 | |
| 551 | + | (E) A MEMBER SHALL BE PRES UMED TO BE TOTALLY A ND PERMANENTLY 15 | |
| 552 | + | INCAPACITATED FOR DU TY ARISING OUT OF OR IN THE COURSE OF THE ACTUAL 16 | |
| 553 | + | PERFORMANCE OF DUTY AND THE BOARD OF TRUSTEES SHALL GRANT AN 17 | |
| 554 | + | ACCIDENTAL DISABILIT Y RETIREMENT ALLOWAN CE TO THE MEMBER IF THE 18 | |
| 555 | + | MEDICAL BOARD CERTIF IES THAT: 19 | |
| 552 | 556 | ||
| 553 | - | (i) a normal service retirement allowance; or 16 | |
| 557 | + | (1) THE MEMBER IS MENTAL LY OR PHYSICALLY INC APACITATED FOR 20 | |
| 558 | + | THE FURTHER PERFORMA NCE OF THE NORMAL DUT IES OF THE MEMBER ’S 21 | |
| 559 | + | POSITION; 22 | |
| 554 | 560 | ||
| 555 | - | (ii) a special disability retirement allowance computed in accordance 17 | |
| 556 | - | with subsection (c) of this section. 18 | |
| 561 | + | (2) THE MEMBER WAS DIAGN OSED BY A LICENSED M EDICAL OR 23 | |
| 562 | + | MENTAL HEALTH PROFES SIONAL WITH POST –TRAUMATIC STRESS DIS ORDER, 24 | |
| 563 | + | ACUTE STRESS DISORDE R, OR A TRAUMA– AND STRESS–RELATED DISORDER ; 25 | |
| 557 | 564 | ||
| 558 | - | (E) A MEMBER SHALL BE PRES UMED TO BE TOTALLY A ND PERMANENTLY 19 | |
| 559 | - | INCAPACITATED FOR DU TY ARISING OUT OF OR IN THE COURSE OF THE ACTUAL 20 | |
| 560 | - | PERFORMANCE OF DUTY AND THE BOARD OF TRUSTEES SHALL GRANT AN 21 | |
| 561 | - | ACCIDENTAL DISABILIT Y RETIREMENT ALLOWAN CE TO THE MEMBER IF THE 22 | |
| 562 | - | MEDICAL BOARD CERTIF IES THAT: 23 | |
| 565 | + | (3) THE DIAGNOSIS UNDER ITEM (2) OF THIS SUBSECTION R ESULTED 26 | |
| 566 | + | DUE TO THE NATURE AN D PERFORMANCE OF THE NORMAL DUTIES OF THE 27 | |
| 567 | + | MEMBER’S POSITION; 28 | |
| 563 | 568 | ||
| 564 | - | (1) THE MEMBER IS MENTAL LY OR PHYSICALLY INC APACITATED FOR 24 | |
| 565 | - | THE FURTHER PERFORMA NCE OF THE NORMAL DU TIES OF THE MEMBER ’S 25 | |
| 566 | - | POSITION; 26 | |
| 569 | + | (4) THE INCAPACITY IS LI KELY TO BE PERMANENT ; AND 29 | |
| 567 | 570 | ||
| 568 | - | (2) THE MEMBER WAS DIAGN OSED BY A LICENSED M EDICAL OR 27 | |
| 569 | - | MENTAL HEALTH PROFES SIONAL WITH POST –TRAUMATIC STRESS DIS ORDER, 28 | |
| 570 | - | ACUTE STRESS DISORDE R, OR A TRAUMA– AND STRESS–RELATED DISORDER ; 29 | |
| 571 | + | (5) THE MEMBER SHOULD BE RETIRED. 30 | |
| 571 | 572 | SENATE BILL 396 13 | |
| 572 | 573 | ||
| 573 | 574 | ||
| 574 | - | (3) THE DIAGNOSIS UNDER ITEM (2) OF THIS SUBSECTION R ESULTED 1 | |
| 575 | - | DUE TO THE NATURE AN D PERFORMANCE OF THE NORMAL DUTIES OF THE 2 | |
| 576 | - | MEMBER’S POSITION; 3 | |
| 575 | + | 31–2A–01. 1 | |
| 577 | 576 | ||
| 578 | - | ( | |
| 577 | + | (a) In this subtitle the following words have the meanings indicated. 2 | |
| 579 | 578 | ||
| 580 | - | (5) THE MEMBER SHOULD BE RETIRED. 5 | |
| 579 | + | (b) “Effective date” means the date that an eligible governmental unit commenced 3 | |
| 580 | + | or commences participation in the Law Enforcement Officers’ Pension System. 4 | |
| 581 | 581 | ||
| 582 | - | 31–2A–01. 6 | |
| 582 | + | (c) “Eligible governmental unit” means a governmental unit that is eligible to 5 | |
| 583 | + | participate in the Law Enforcement Officers’ Pension System under § 31–2A–02 of this 6 | |
| 584 | + | subtitle. 7 | |
| 583 | 585 | ||
| 584 | - | (a) In this subtitle the following words have the meanings indicated. 7 | |
| 586 | + | (d) (1) “Emergency medical technician” means a paid emergency medical 8 | |
| 587 | + | technician, as determined by the eligible governmental unit. 9 | |
| 585 | 588 | ||
| 586 | - | ( | |
| 587 | - | ||
| 589 | + | (2) “Emergency medical technician” does not include a volunteer 10 | |
| 590 | + | emergency medical technician. 11 | |
| 588 | 591 | ||
| 589 | - | (c) “Eligible governmental unit” means a governmental unit that is eligible to 10 | |
| 590 | - | participate in the Law Enforcement Officers’ Pension System under § 31–2A–02 of this 11 | |
| 591 | - | subtitle. 12 | |
| 592 | + | (e) (1) “Firefighter” means: 12 | |
| 592 | 593 | ||
| 593 | - | ( | |
| 594 | - | ||
| 594 | + | (i) a paid firefighter, as determined by the eligible governmental 13 | |
| 595 | + | unit; or 14 | |
| 595 | 596 | ||
| 596 | - | ( | |
| 597 | - | ||
| 597 | + | (ii) a paid paramedic, as determined by the eligible governmental 15 | |
| 598 | + | unit. 16 | |
| 598 | 599 | ||
| 599 | - | ( | |
| 600 | + | (2) “Firefighter” does not include: 17 | |
| 600 | 601 | ||
| 601 | - | (i) a paid firefighter, as determined by the eligible governmental 18 | |
| 602 | - | unit; or 19 | |
| 602 | + | (i) a volunteer firefighter; or 18 | |
| 603 | 603 | ||
| 604 | - | (ii) a paid paramedic, as determined by the eligible governmental 20 | |
| 605 | - | unit. 21 | |
| 604 | + | (ii) a volunteer paramedic. 19 | |
| 606 | 605 | ||
| 607 | - | (2) “Firefighter” does not include: 22 | |
| 606 | + | (f) “Law enforcement officer” means an individual certified by the Maryland 20 | |
| 607 | + | Police Training and Standards Commission as a law enforcement officer. 21 | |
| 608 | 608 | ||
| 609 | - | (i) a volunteer firefighter; or 23 | |
| 609 | + | (g) (1) “Local plan” means a plan or any other arrangement of an eligible 22 | |
| 610 | + | governmental unit that is described in § 219(g)(5) of the Internal Revenue Code. 23 | |
| 610 | 611 | ||
| 611 | - | (ii) a volunteer paramedic. 24 | |
| 612 | + | (2) “Local plan” does not include a plan established under § 457 of the 24 | |
| 613 | + | Internal Revenue Code. 25 | |
| 612 | 614 | ||
| 613 | - | ( | |
| 614 | - | ||
| 615 | + | (h) “9–1–1 SPECIALIST” HAS THE MEANING STAT ED IN § 1–301 OF THE 26 | |
| 616 | + | PUBLIC SAFETY ARTICLE. 27 | |
| 615 | 617 | ||
| 616 | - | (g) (1) “Local plan” means a plan or any other arrangement of an eligible 27 | |
| 617 | - | governmental unit that is described in § 219(g)(5) of the Internal Revenue Code. 28 | |
| 618 | + | (I) “State system” has the meaning stated in § 20–101(pp) of this article. 28 | |
| 618 | 619 | ||
| 619 | - | ||
| 620 | - | ||
| 620 | + | 31–2A–02. 29 | |
| 621 | + | 14 SENATE BILL 396 | |
| 621 | 622 | ||
| 622 | 623 | ||
| 624 | + | Subject to § 31–2A–03 of this subtitle, the governmental units that are eligible to 1 | |
| 625 | + | participate in the Law Enforcement Officers’ Pension System are: 2 | |
| 623 | 626 | ||
| 624 | - | (h) “9–1–1 SPECIALIST” HAS THE MEANING STAT ED IN § 1–301 OF THE 1 | |
| 625 | - | PUBLIC SAFETY ARTICLE. 2 | |
| 627 | + | (1) counties; and 3 | |
| 626 | 628 | ||
| 627 | - | ( | |
| 629 | + | (2) municipal corporations. 4 | |
| 628 | 630 | ||
| 629 | - | 31–2A– | |
| 631 | + | 31–2A–03. 5 | |
| 630 | 632 | ||
| 631 | - | Subject to § 31–2A–03 of this subtitle, the governmental units that are eligible to 5 | |
| 632 | - | participate in the Law Enforcement Officers’ Pension System are: 6 | |
| 633 | + | (a) Subject to subsection (b) of this section, the legislative body of an eligible 6 | |
| 634 | + | governmental unit may approve participation by its law enforcement officers, firefighters, 7 | |
| 635 | + | [or] emergency medical technicians, OR 9–1–1 SPECIALISTS in the Law Enforcement 8 | |
| 636 | + | Officers’ Pension System if: 9 | |
| 633 | 637 | ||
| 634 | - | (1) counties; and 7 | |
| 638 | + | (1) the legislative body adopts a resolution in the form prescribed by the 10 | |
| 639 | + | Board of Trustees; and 11 | |
| 635 | 640 | ||
| 636 | - | (2) municipal corporations. 8 | |
| 641 | + | (2) the eligible governmental unit participates in a State system or 12 | |
| 642 | + | operates a local plan, only if: 13 | |
| 637 | 643 | ||
| 638 | - | 31–2A–03. 9 | |
| 644 | + | (i) at least 60% of the law enforcement officers, firefighters, [or] 14 | |
| 645 | + | emergency medical technicians, OR 9–1–1 SPECIALISTS of the eligible governmental unit 15 | |
| 646 | + | petition to become members of the Law Enforcement Officers’ Pension System; 16 | |
| 639 | 647 | ||
| 640 | - | (a) Subject to subsection (b) of this section, the legislative body of an eligible 10 | |
| 641 | - | governmental unit may approve participation by its law enforcement officers, firefighters, 11 | |
| 642 | - | [or] emergency medical technicians, OR 9–1–1 SPECIALISTS in the Law Enforcement 12 | |
| 643 | - | Officers’ Pension System if: 13 | |
| 648 | + | (ii) the eligible governmental unit satisfies the requirements in 17 | |
| 649 | + | subsection (b) of this section; and 18 | |
| 644 | 650 | ||
| 645 | - | (1) the legislative body adopts a resolution in the form prescribed by the 14 | |
| 646 | - | Board of Trustees; and 15 | |
| 651 | + | (iii) the legislative body approves participation of its law enforcement 19 | |
| 652 | + | officers, firefighters, [or] emergency medical technicians, OR 9–1–1 SPECIALISTS in lieu 20 | |
| 653 | + | of participation in the State system or local plan. 21 | |
| 647 | 654 | ||
| 648 | - | (2) the eligible governmental unit participates in a State system or 16 | |
| 649 | - | operates a local plan, only if: 17 | |
| 655 | + | (b) An eligible governmental unit that operates a local plan or participates in a 22 | |
| 656 | + | State system may approve participation of its law enforcement officers, firefighters, [or] 23 | |
| 657 | + | emergency medical technicians, OR 9–1–1 SPECIALISTS in the Law Enforcement Officers’ 24 | |
| 658 | + | Pension System only if: 25 | |
| 650 | 659 | ||
| 651 | - | (i) at least 60% of the law enforcement officers, firefighters, [or] 18 | |
| 652 | - | emergency medical technicians, OR 9–1–1 SPECIALISTS of the eligible governmental unit 19 | |
| 653 | - | petition to become members of the Law Enforcement Officers’ Pension System; 20 | |
| 660 | + | (1) the State system or local plan of the eligible governmental unit requires 26 | |
| 661 | + | member contributions at the same rate as the member contribution rate that would be 27 | |
| 662 | + | applicable to the law enforcement officers, firefighters, [or] emergency medical technicians, 28 | |
| 663 | + | OR 9–1–1 SPECIALISTS of the eligible governmental unit in the Law Enforcement Officers’ 29 | |
| 664 | + | Pension System; or 30 | |
| 654 | 665 | ||
| 655 | - | (ii) the eligible governmental unit satisfies the requirements in 21 | |
| 656 | - | subsection (b) of this section; and 22 | |
| 657 | - | ||
| 658 | - | (iii) the legislative body approves participation of its law enforcement 23 | |
| 659 | - | officers, firefighters, [or] emergency medical technicians, OR 9–1–1 SPECIALISTS in lieu 24 | |
| 660 | - | of participation in the State system or local plan. 25 | |
| 661 | - | ||
| 662 | - | (b) An eligible governmental unit that operates a local plan or participates in a 26 | |
| 663 | - | State system may approve participation of its law enforcement officers, firefighters, [or] 27 | |
| 664 | - | emergency medical technicians, OR 9–1–1 SPECIALISTS in the Law Enforcement Officers’ 28 | |
| 665 | - | Pension System only if: 29 | |
| 666 | - | ||
| 667 | - | (1) the State system or local plan of the eligible governmental unit requires 30 | |
| 668 | - | member contributions at the same rate as the member contribution rate that would be 31 SENATE BILL 396 15 | |
| 666 | + | (2) the eligible governmental unit: 31 | |
| 667 | + | SENATE BILL 396 15 | |
| 669 | 668 | ||
| 670 | 669 | ||
| 671 | - | ||
| 672 | - | OR | |
| 673 | - | ||
| 670 | + | (i) does not provide for the employer pickup of member 1 | |
| 671 | + | contributions to the State system or local plan within the meaning of § 414(h)(2) of the 2 | |
| 672 | + | Internal Revenue Code; and 3 | |
| 674 | 673 | ||
| 675 | - | (2) the eligible governmental unit: 4 | |
| 674 | + | (ii) certifies that it will not become an approved employer under § 4 | |
| 675 | + | 21–313 of this article on or after the effective date of participation. 5 | |
| 676 | 676 | ||
| 677 | - | ( | |
| 678 | - | ||
| 679 | - | ||
| 677 | + | (c) (1) If an eligible governmental unit does not satisfy the requirements 6 | |
| 678 | + | under subsection (b) of this section, the eligible governmental unit may submit a request to 7 | |
| 679 | + | the Board of Trustees to participate in the Law Enforcement Officers’ Pension System. 8 | |
| 680 | 680 | ||
| 681 | - | (ii) certifies that it will not become an approved employer under § 8 | |
| 682 | - | 21–313 of this article on or after the effective date of participation. 9 | |
| 681 | + | (2) The Board of Trustees shall consider a request made under paragraph 9 | |
| 682 | + | (1) of this subsection and determine whether any legislation is necessary to allow the 10 | |
| 683 | + | eligible governmental unit to participate in the Law Enforcement Officers’ Pension System. 11 | |
| 683 | 684 | ||
| 684 | - | (c) (1) If an eligible governmental unit does not satisfy the requirements 10 | |
| 685 | - | under subsection (b) of this section, the eligible governmental unit may submit a request to 11 | |
| 686 | - | the Board of Trustees to participate in the Law Enforcement Officers’ Pension System. 12 | |
| 685 | + | (3) The Board of Trustees shall make recommendation s to the Joint 12 | |
| 686 | + | Committee on Pensions regarding any legislation that it determines is necessary to allow 13 | |
| 687 | + | the eligible governmental unit to participate in the Law Enforcement Officers’ Pension 14 | |
| 688 | + | System. 15 | |
| 687 | 689 | ||
| 688 | - | (2) The Board of Trustees shall consider a request made under paragraph 13 | |
| 689 | - | (1) of this subsection and determine whether any legislation is necessary to allow the 14 | |
| 690 | - | eligible governmental unit to participate in the Law Enforcement Officers’ Pension System. 15 | |
| 690 | + | 31–2A–03.1. 16 | |
| 691 | 691 | ||
| 692 | - | ( | |
| 693 | - | ||
| 694 | - | the eligible governmental unit to participate in the Law Enforcement | |
| 695 | - | System. | |
| 692 | + | (a) Except as provided in subsection (b) of this section, the effective date of 17 | |
| 693 | + | participation for an eligible governmental unit is July 1 of the year following the fiscal year 18 | |
| 694 | + | in which the eligible governmental unit elects to participate in the Law Enforcement 19 | |
| 695 | + | Officers’ Pension System. 20 | |
| 696 | 696 | ||
| 697 | - | 31–2A–03.1. 20 | |
| 697 | + | (b) If an eligible governmental unit does not provide the Board of Trustees with 21 | |
| 698 | + | the necessary documentation to join the Law Enforcement Officers’ Pension System on or 22 | |
| 699 | + | before the effective date for the eligible governmental unit, the effective date shall be 23 | |
| 700 | + | postponed until July 1 of the second year following the fiscal year in which the eligible 24 | |
| 701 | + | governmental unit elects to participate in the Law Enforcement Officers’ Pension System. 25 | |
| 698 | 702 | ||
| 699 | - | (a) Except as provided in subsection (b) of this section, the effective date of 21 | |
| 700 | - | participation for an eligible governmental unit is July 1 of the year following the fiscal year 22 | |
| 701 | - | in which the eligible governmental unit elects to participate in the Law Enforcement 23 | |
| 702 | - | Officers’ Pension System. 24 | |
| 703 | + | 31–2A–04. 26 | |
| 703 | 704 | ||
| 704 | - | (b) If an eligible governmental unit does not provide the Board of Trustees with 25 | |
| 705 | - | the necessary documentation to join the Law Enforcement Officers’ Pension System on or 26 | |
| 706 | - | before the effective date for the eligible governmental unit, the effective date shall be 27 | |
| 707 | - | postponed until July 1 of the second year following the fiscal year in which the eligible 28 | |
| 708 | - | governmental unit elects to participate in the Law Enforcement Officers’ Pension System. 29 | |
| 705 | + | If a law enforcement officer, firefighter, emergency medical technician, 9–1–1 27 | |
| 706 | + | SPECIALIST, or paramedic joins the Law Enforcement Officers’ Pension System on the 28 | |
| 707 | + | effective date, the member is entitled to credit for employment with the participating 29 | |
| 708 | + | governmental unit before the effective date. 30 | |
| 709 | 709 | ||
| 710 | - | 31–2A– | |
| 710 | + | 31–2A–05. 31 | |
| 711 | 711 | ||
| 712 | - | If a law enforcement officer, firefighter, emergency medical technician, 9–1–1 31 | |
| 713 | - | SPECIALIST, or paramedic joins the Law Enforcement Officers’ Pension System on the 32 | |
| 714 | - | effective date, the member is entitled to credit for employment with the participating 33 | |
| 715 | - | governmental unit before the effective date. 34 | |
| 712 | + | (a) This section applies only to a local plan that is a qualified plan under § 401(a) 32 | |
| 713 | + | of the Internal Revenue Code and provides a defined benefit to its participants. 33 | |
| 716 | 714 | ||
| 717 | - | 31–2A–05. 35 16 SENATE BILL 396 | |
| 715 | + | (b) If an eligible governmental unit approves participation in the Law 34 | |
| 716 | + | Enforcement Officers’ Pension System, the operation of the local plan or State system with 35 16 SENATE BILL 396 | |
| 718 | 717 | ||
| 719 | 718 | ||
| 719 | + | respect to the law enforcement officers, firefighters, emergency medical technicians, 1 | |
| 720 | + | 9–1–1 SPECIALISTS, or paramedics terminates on the effective date. 2 | |
| 720 | 721 | ||
| 721 | - | (a) This section applies only to a local plan that is a qualified plan under § 401(a) 1 | |
| 722 | - | of the Internal Revenue Code and provides a defined benefit to its participants. 2 | |
| 722 | + | (c) (1) On the effective date: 3 | |
| 723 | 723 | ||
| 724 | - | ( | |
| 725 | - | Enforcement Officers | |
| 726 | - | ||
| 727 | - | ||
| 724 | + | (i) the assets to the credit of the local plan or State system that 4 | |
| 725 | + | relate to the law enforcement officers, firefighters, emergency medical technicians, 9–1–1 5 | |
| 726 | + | SPECIALISTS, or paramedics who elect to become members shall be transferred to the Law 6 | |
| 727 | + | Enforcement Officers’ Pension System; and 7 | |
| 728 | 728 | ||
| 729 | - | (c) (1) On the effective date: 7 | |
| 729 | + | (ii) the trustee or other administrative head of the local plan or State 8 | |
| 730 | + | system shall certify the proportion of the funds of the local plan or State system that 9 | |
| 731 | + | represents the accumulated contributions of the members as of that date. 10 | |
| 730 | 732 | ||
| 731 | - | (i) the assets to the credit of the local plan or State system that 8 | |
| 732 | - | relate to the law enforcement officers, firefighters, emergency medical technicians, 9–1–1 9 | |
| 733 | - | SPECIALISTS, or paramedics who elect to become members shall be transferred to the Law 10 | |
| 734 | - | Enforcement Officers’ Pension System; and 11 | |
| 733 | + | (2) The accumulated contributions shall be credited to the respective 11 | |
| 734 | + | annuity savings accounts of the members in the Law Enforcement Officers’ Pension 12 | |
| 735 | + | System. 13 | |
| 735 | 736 | ||
| 736 | - | ( | |
| 737 | - | system shall | |
| 738 | - | ||
| 737 | + | (3) The balance of the funds transferred to the Law Enforcement Officers’ 14 | |
| 738 | + | Pension System shall be offset against the special accrued liability to be funded by the 15 | |
| 739 | + | participating governmental unit as provided by § 21–306.1(d) of this article. 16 | |
| 739 | 740 | ||
| 740 | - | (2) The accumulated contributions shall be credited to the respective 15 | |
| 741 | - | annuity savings accounts of the members in the Law Enforcement Officers’ Pension 16 | |
| 742 | - | System. 17 | |
| 741 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17 | |
| 742 | + | October 1, 2025. 18 | |
| 743 | 743 | ||
| 744 | - | (3) The balance of the funds transferred to the Law Enforcement Officers’ 18 | |
| 745 | - | Pension System shall be offset against the special accrued liability to be funded by the 19 | |
| 746 | - | participating governmental unit as provided by § 21–306.1(d) of this article. 20 | |
| 747 | - | ||
| 748 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21 | |
| 749 | - | October 1, 2025. 22 | |
| 750 | - | ||
| 751 | - | ||
| 752 | - | ||
| 753 | - | Approved: | |
| 754 | - | ________________________________________________________________________________ | |
| 755 | - | Governor. | |
| 756 | - | ________________________________________________________________________________ | |
| 757 | - | President of the Senate. | |
| 758 | - | ________________________________________________________________________________ | |
| 759 | - | Speaker of the House of Delegates. |