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.
*sb0396*
SENATE BILL 396
E4, P4 5lr1080
CF HB 76
By: Senator McKay Senators McKay, Benson, and M. Jackson
Introduced and read first time: January 20, 2025
Assigned to: Budget and Taxation and Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 27, 2025
CHAPTER ______
AN ACT concerning 1
Public Safety Officer – Performance of Duties – Death and Disability Benefits 2
FOR the purpose of altering circumstances under which certain individuals are presumed 3
to have died as a direct and proximate result of an injury sustained in the 4
performance of duties for purposes of eligibility for death benefits; altering the 5
circumstances under which certain individuals are eligible for certain disability 6
benefits; authorizing certain 9–1–1 specialists to become members of the Law 7
Enforcement Officers’ Pension System as employees of a participating governmental 8
unit; and generally relating to death and disability benefits and benefits for public 9
safety officers. 10
BY repealing and reenacting, with amendments, 11
Article – Public Safety 12
Section 1–202 and 7–202 13
Annotated Code of Maryland 14
(2022 Replacement Volume and 2024 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – State Personnel and Pensions 17
Section 29–109, 29–111, 31–2A–01, 31–2A–03, 31–2A–04, and 31–2A–05 18
Annotated Code of Maryland 19
(2024 Replacement Volume and 2024 Supplement) 20
BY repealing and reenacting, without amendments, 21
Article – State Personnel and Pensions 22 2 SENATE BILL 396
Section 31–2A–02 and 31–2A–03.1 1
Annotated Code of Maryland 2
(2024 Replacement Volume and 2024 Supplement) 3
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
That the Laws of Maryland read as follows: 5
Article – Public Safety 6
1–202. 7
(a) (1) In this section the following words have the meanings indicated. 8
(2) (i) “Child” means a natural or adopted, legitimate or illegitimate 9
child or stepchild of the decedent. 10
(ii) “Child” includes a child or stepchild born posthumously. 11
(3) “Correctional officer” has the meaning stated in § 8–201(e)(1) of the 12
Correctional Services Article. 13
(4) “Emergency medical services provider” has the meaning stated in § 14
13–516 of the Education Article. 15
(5) “Hazardous material” means any substance regulated as a hazardous 16
material under Title 49 of the Code of Federal Regulations. 17
(6) “Hazardous material response team employee” means an employee of 18
the Department of the Environment or a local government agency who is on call 24 hours 19
a day to provide emergency response to a discharge of oil or a release of hazardous material 20
or other emergency response activity. 21
(7) (i) “Law enforcement officer” has the meaning stated in § 1–101 of 22
this title. 23
(ii) “Law enforcement officer” includes: 24
1. an officer who serves in a probationary status; and 25
2. an officer who serves at the pleasure of the appointing 26
authority of a county or municipal corporation. 27
(8) “9–1–1 SPECIALIST” HAS THE MEANING STAT ED IN § 1–301 OF 28
THIS TITLE. 29
SENATE BILL 396 3
(9) “Performance of duties” includes, in the case of a volunteer or career 1
firefighter, public safety aviation employee, rescue squad member, or hazardous material 2
response team employee: 3
(i) actively participating in fighting a fire; 4
(ii) going to or from a fire; 5
(iii) performing other duties necessary to the operation or 6
maintenance of the fire company; 7
(iv) actively participating in the ambulance, advanced life support, 8
or rescue work of an advanced life support unit or a fire, ambulance, or rescue company, 9
including going to or from an emergency or rescue; 10
(v) providing emergency or rescue assistance, whether acting alone 11
or at the direction of or with a fire, ambulance, or rescue company or advanced life support 12
unit; 13
(vi) actively participating in flight operations as a crew member in a 14
rotary or fixed wing aircraft; and 15
(vii) providing emergency response to a discharge of oil or a release of 16
hazardous material or other emergency response activity. 17
[(9)] (10) “Public safety aviation employee” includes a pilot and aviation 18
maintenance technician employed by the State. 19
[(10)] (11) “Stepchild” means a child of the surviving spouse who was living 20
with or dependent for support on the decedent at the time of the decedent’s death. 21
(a–1) For purposes of this section, an individual served in the Afghanistan or Iraq 22
conflict if the individual was a member of the uniformed services of the United States who 23
served in: 24
(1) Afghanistan or contiguous air space, as defined in federal regulations, 25
on or after October 24, 2001, and before a terminal date to be prescribed by the United 26
States Secretary of Defense; or 27
(2) Iraq or contiguous waters or air space, as defined in federal regulations, 28
on or after March 19, 2003, and before a terminal date to be prescribed by the United States 29
Secretary of Defense. 30
(b) (1) Except as provided in subsections [(f)(4)] (G)(3) and [(j)] (K) of this 31
section and subject to [subsection] SUBSECTIONS (c) AND (F) of this section and 32
paragraphs (2) and (3) of this subsection, a death benefit of $125,000 shall be paid to the 33 4 SENATE BILL 396
surviving spouse, child, dependent parent, or estate of each of the following individuals who 1
is killed or dies in the performance of duties on or after January 1, 2006: 2
(i) a law enforcement officer; 3
(ii) a correctional officer; 4
(iii) a volunteer or career firefighter or rescue squad member; 5
(iv) a sworn member of the office of State Fire Marshal; 6
(v) a public safety aviation employee; 7
(vi) a Maryland resident who was a member of the uniform services 8
of the United States serving in the Afghanistan or Iraq conflict; [or] 9
(vii) a hazardous material response team employee; OR 10
(VIII) A 9–1–1 SPECIALIST. 11
(2) For fiscal year 2009, and for each following fiscal year, the death benefit 12
provided in the prior fiscal year shall be adjusted by any change in the calendar year 13
preceding the fiscal year in the Consumer Price Index (All Urban Consumers – United 14
States City Average – All Items), as published by the United States Bureau of Labor 15
Statistics. 16
(3) (i) Except as provided in subparagraphs (ii) and (iii) of this 17
paragraph, an application for a death benefit under this subsection shall be submitted 18
within 3 years after the death of the decedent. 19
(ii) If the decedent died before June 1, 2010, an application for a 20
death benefit under this subsection shall be submitted on or before May 31, 2013. 21
(iii) An application for a death benefit under subsection [(f)(4)] (G)(3) 22
of this section shall be submitted within 3 years of the finding of evidence that the death of 23
the decedent resulted from an act committed against the decedent by another due to the 24
nature and performance of the decedent’s duties. 25
(4) A death benefit under this subsection is in addition to: 26
(i) any workers’ compensation benefits; 27
(ii) the proceeds of any form of life insurance, regardless of who paid 28
the premiums on the insurance; and 29
(iii) the funeral benefit provided under subsection (d) of this section. 30
SENATE BILL 396 5
(5) On receiving notice of the death of an individual described in paragraph 1
(1) of this subsection, the Department of Public Safety and Correctional Services shall take 2
reasonable steps to notify potential recipients of the potential death benefits available 3
under this subsection: 4
(i) when the Department receives notice of the death; and 5
(ii) again 1 year after the date of the death, if an application for a 6
death benefit with respect to the death of the decedent has not been submitted. 7
(c) (1) Whenever an individual identified in subsection (b)(1)(i) through (v) 8
and (vii) of this section dies as the direct and proximate result of a heart attack or stroke, 9
the individual shall be presumed to have died as a direct and proximate result of a personal 10
injury sustained in the performance of duties if: 11
(i) the individual, while on duty: 12
1. engaged in a situation that involved nonroutine stressful 13
or strenuous physical law enforcement, fire suppression, rescue, response to a discharge of 14
oil or a release of hazardous material, emergency medical services, prison security, disaster 15
relief, flight operations as a crew member in a rotary or fixed wing aircraft, or other 16
emergency response activity; or 17
2. participated in a training exercise that involved 18
nonroutine stressful or strenuous physical activity; 19
(ii) the individual died as a result of a heart attack or stroke that the 20
individual suffered: 21
1. while engaging or participating in an activity described in 22
item (i)1 or 2 of this paragraph; 23
2. while still on duty after engaging or participating in an 24
activity described in item (i)1 or 2 of this paragraph; or 25
3. not later than 24 hours after engaging or participating in 26
an activity described in item (i)1 or 2 of this paragraph; and 27
(iii) the presumption is not overcome by competent medical evidence 28
to the contrary. 29
(2) For purposes of paragraph (1) of this subsection, nonroutine stressful 30
or strenuous physical activity does not include actions of a clerical, administrative, or 31
nonmanual nature. 32
(d) (1) Except as provided in subsection [(j)] (K) of this section, reasonable 33
funeral expenses, not exceeding $25,000, shall be paid to the surviving spouse, child, 34 6 SENATE BILL 396
parent, or estate of each of the following individuals who is killed or dies in the performance 1
of duties: 2
(i) a law enforcement officer; 3
(ii) a correctional officer; 4
(iii) a volunteer or career firefighter or rescue squad member; 5
(iv) a public safety aviation employee; 6
(v) a sworn member of the office of State Fire Marshal; or 7
(vi) a hazardous material response team employee. 8
(2) For fiscal year 2026 and each fiscal year thereafter, the funeral benefit 9
provided in the prior fiscal year shall be adjusted by any change in the calendar year 10
preceding the fiscal year in the Consumer Price Index (All Urban Consumers – United 11
States City Average – All Items), as published by the United States Bureau of Labor 12
Statistics. 13
(e) (1) The Secretary of State shall issue a State flag to the family of a 14
firefighter, policeman, member of the military, sworn member of the office of State Fire 15
Marshal, or professional or volunteer emergency medical services provider who is killed in 16
the performance of duty. 17
(2) (i) Except when the deceased is a member of the military, the flag 18
shall be presented to the family of the deceased by the State Senator of the legislative 19
district in which the deceased resided or served. 20
(ii) When the deceased is a member of the military, the flag shall be 21
presented to the family of the deceased by the Department of Veterans and Military 22
Families. 23
(F) AN INDIVIDUAL IDENTIF IED IN SUBSECTION (B)(1)(I) THROUGH (VIII) 24
OF THIS SECTION SHAL L BE PRESUMED TO HAV E DIED AS A DIRECT AND PROXIMATE 25
RESULT OF AN INJURY SUSTAINED IN THE PER FORMANCE OF DUTIES I F: 26
(1) (I) THE INDIVIDUAL WAS D IAGNOSED BY A LICENS ED MEDICAL 27
OR MENTAL HEALTH PRO FESSIONAL WITH POST –TRAUMATIC STRESS DIS ORDER, 28
ACUTE STRESS DISORDE R, OR A TRAUMA– AND STRESS–RELATED DISORDER ; AND 29
(II) THE DIAGNOSIS UNDER ITEM (I) OF THIS ITEM RESULTE D 30
DUE TO THE NATURE AN D PERFORMANCE OF THE INDIVIDUAL’S DUTIES; AND 31
(2) THE INDIVIDUAL ’S DEATH OCCURS BY SU ICIDE. 32 SENATE BILL 396 7
[(f)] (G) On a case–by–case basis, the Secretary of Public Safety and 1
Correctional Services may award a death benefit under this section if: 2
(1) the decedent’s death was caused by the decedent’s intentional 3
misconduct; 4
(2) [the decedent intended to bring about the decedent’s death; 5
(3)] the decedent’s voluntary intoxication was the proximate cause of the 6
decedent’s death; or 7
[(4)] (3) additional evidence arises that the decedent’s death resulted 8
from an act committed against the decedent by another due to the nature and performance 9
of the decedent’s duties. 10
[(g)] (H) If the Secretary of Public Safety and Correctional Services determines 11
that the benefits under this section are to be paid, the benefits shall be paid: 12
(1) to the decedent’s surviving spouse; 13
(2) if no individual is eligible under item (1) of this subsection, to each 14
surviving child of the decedent in equal shares; 15
(3) (i) for a death benefit under subsection (b) of this section, if no 16
individual is eligible under item (1) or (2) of this subsection, to the decedent’s surviving 17
parent, if the parent was a dependent as defined in § 152 of the Internal Revenue Code; or 18
(ii) for any other benefit under this section, if no individual is eligible 19
under item (1) or (2) of this subsection, to the decedent’s surviving parent; or 20
(4) if no individual is eligible under item (1), (2), or (3) of this subsection, 21
to the decedent’s estate. 22
[(h)] (I) Payments under this section shall be made out of money that the 23
Governor includes for that purpose in the State budget. 24
[(i)] (J) A person aggrieved by a final decision of the Secretary of Public Safety 25
and Correctional Services under this section may seek judicial review as provided for review 26
of final decisions in Title 10, Subtitle 2 of the State Government Article. 27
[(j)] (K) (1) This subsection applies only to a death benefit under subsection 28
(b) of this section or a funeral benefit under subsection (d) of this section payable on behalf 29
of a hazardous material response team employee employed by a local government agency. 30
8 SENATE BILL 396
(2) (i) A death benefit or funeral benefit may only be paid if the local 1
government agency that employs the hazardous material response team employee 2
maintains in reserve the amount needed to pay for one death benefit and one funeral 3
expense for a hazardous material response team employee. 4
(ii) If the Secretary of Public Safety and Correctional Services 5
determines that a death benefit or funeral benefit is to be paid, the local government agency 6
that employed the hazardous material response team emp loyee shall pay to the 7
Department of Public Safety and Correctional Services the funds required to pay the 8
benefit. 9
(3) (i) A local government agency is not required to place funds in 10
reserve under paragraph (2)(i) of this subsection. 11
(ii) If a local government agency does not place funds in reserve 12
under paragraph (2)(i) of this subsection, a death benefit or funeral benefit as provided for 13
under this subsection may not be paid. 14
7–202. 15
(a) (1) A member of a volunteer fire company or volunteer rescue squad is 16
eligible for disability benefits from the Maryland State Firemen’s Association if: 17
(i) 1. the member’s fire company or rescue squad recommends 18
that the member receive benefits; and 19
[(ii)] 2. the member is permanently or temporarily disabled: 20
[1.] A. as a direct result of actively participating in fighting 21
a fire; 22
[2.] B. while going to or from a fire; 23
[3.] C. while performing other duties necessary to the 24
operation or maintenance of the fire company; 25
[4.] D. while actively participating in the emergency 26
medical services unit, or rescue work of a volunteer advanced life support unit or a 27
volunteer fire, ambulance, or rescue company located in the State; or 28
[5.] E. while providing emergency or rescue assistance, 29
whether acting alone or at the direction of or with a fire, ambulance, or rescue company or 30
advanced life support unit; OR 31
SENATE BILL 396 9
(II) THE MEMBER IS MENTAL LY OR PHYSICALLY 1
INCAPACITATED FOR TH E FURTHER PERFORMANC E OF THE NORMAL DUTI ES OF THE 2
MEMBER’S POSITION AND: 3
1. THE MEMBER WAS DIAGN OSED BY A LICENSED 4
MEDICAL OR MENTAL HE ALTH PROFESSIONAL WI TH POST–TRAUMATIC STRESS 5
DISORDER, ACUTE STRESS DISORDE R, OR A TRAUMA – AND STRESS –RELATED 6
DISORDER; 7
2. THE DIAGNOSIS UNDER ITEM 1 OF THIS ITEM 8
RESULTED DUE TO THE N ATURE AND PERFORMANC E OF THE NORMAL DUTI ES OF 9
THE MEMBER ’S POSITION; 10
3. THE INCAPACITY IS LI KELY TO BE PERMANENT ; AND 11
4. THE MEMBER SHOULD BE RETIRED. 12
(2) A benefit under this section shall be paid: 13
(i) regardless of the district in which the beneficiary was disabled; 14
or 15
(ii) regardless of whether the beneficiary was disabled in this State, 16
Delaware, the District of Columbia, Pennsylvania, Virginia, or West Virginia. 17
(b) The Board shall pay a benefit under this section from the treasury of the 18
Maryland State Firemen’s Association in the amount and in the manner that the Board 19
determines until the beneficiary is no longer disabled. 20
(c) The secretary of the Board shall add the name of each beneficiary under this 21
section to the Disabled Firemen’s and Rescue Squadmen’s List. 22
Article – State Personnel and Pensions 23
29–109. 24
(a) This section does not apply to the State Police Retirement System. 25
(b) Except as provided in subsection (c) of this section, the Board of Trustees shall 26
grant an accidental disability retirement allowance to a member if: 27
(1) the member is totally and permanently incapacitated for duty as the 28
natural and proximate result of an accident that occurred in the actual performance of duty 29
at a definite time and place without willful negligence by the member; and 30
(2) the medical board certifies that: 31 10 SENATE BILL 396
(i) the member is mentally or physically incapacitated for the 1
further performance of the normal duties of the member’s position; 2
(ii) the incapacity is likely to be permanent; and 3
(iii) the member should be retired. 4
(c) The Board of Trustees shall grant an accidental disability retirement 5
allowance to a member of the Law Enforcement Officers’ Pension System if: 6
(1) the member is totally and permanently incapacitated for duty arising 7
out of or in the course of the actual performance of duty without willful negligence by the 8
member; and 9
(2) the medical board certifies that: 10
(i) the member is totally incapacitated, either ment ally or 11
physically, for the further performance of duty; 12
(ii) the incapacity is likely to be permanent; and 13
(iii) the member should be retired. 14
(D) (1) THIS SUBSECTION APPLI ES ONLY TO MEMBERS O F: 15
(I) THE CORRECTIONAL OFFICERS’ RETIREMENT SYSTEM; 16
(II) THE LOCAL FIRE AND POLICE SYSTEM; AND 17
(III) THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM. 18
(2) A MEMBER IDENTIFIED UN DER PARAGRAPH (1)(I) OR (II) OF THIS 19
SUBSECTION SHALL BE PRESUMED TO BE TOTAL LY AND PERMANENTLY 20
INCAPACITATED FOR DU TY AS THE NATURAL AND P ROXIMATE RESULT OF A N 21
ACCIDENT THAT OCCURR ED IN THE ACTUAL PER FORMANCE OF DUTY AND THE 22
BOARD OF TRUSTEES SHALL GRANT AN ACCIDENTAL DISABI LITY RETIREMENT 23
ALLOWANCE TO THE MEM BER IF THE MEDICAL B OARD CERTIFIES THAT : 24
(I) THE MEMBER IS MENTALLY OR PHYSICAL LY 25
INCAPACITATED FOR TH E FURTHER PERFORMANC E OF THE NORMAL DUTI ES OF THE 26
MEMBER’S POSITION; 27
(II) THE MEMBER WAS DIAGN OSED BY A LICENSED M EDICAL OR 28
MENTAL HEALTH PROFES SIONAL WITH POST –TRAUMATIC STRESS DIS ORDER, 29
ACUTE STRESS DISORD ER, OR A TRAUMA– AND STRESS–RELATED DISORDER ; 30 SENATE BILL 396 11
(III) THE DIAGNOSIS UNDER ITEM (II) OF THIS PARAGRAPH 1
RESULTED DUE TO THE NATURE AND PERFORMAN CE OF THE NORMAL DUT IES OF 2
THE MEMBER ’S POSITION; 3
(IV) THE INCAPACITY IS LI KELY TO BE PERMANENT ; AND 4
(V) THE MEMBER SHOULD BE RETIRED. 5
(3) A MEMBER IDENTIFIED UN DER PARAGRAPH (1)(III) OF THIS 6
SUBSECTION SHALL BE PRESUMED TO BE TOTAL LY AND PERMANENTLY 7
INCAPACITATED FOR DU TY ARISING OUT OF OR IN THE COURSE OF THE ACTUAL 8
PERFORMANCE OF DUTY AND THE BOARD OF TRUSTEES SHALL GRANT AN 9
ACCIDENTAL DISABILIT Y RETIREMENT ALLOWAN CE TO THE MEMBER IF THE 10
MEDICAL BOARD CERTIF IES THAT: 11
(I) THE MEMBER IS MENTAL LY OR PHYSICALLY 12
INCAPACITATED FOR TH E FURTHER PERFORMANC E OF THE NORMAL DUTI ES OF THE 13
MEMBER’S POSITION; 14
(II) THE MEMBER WAS DIAGN OSED BY A LICENSED M EDICAL OR 15
MENTAL HEALTH PROFES SIONAL WITH POST –TRAUMATIC STRESS DIS ORDER, 16
ACUTE STRESS DISORDE R, OR A TRAUMA– AND STRESS–RELATED DISORDER ; 17
(III) THE DIAGNOSIS UNDER ITEM (II) OF THIS PARAGRAPH 18
RESULTED D UE TO THE NATURE AND PERFORMANCE OF THE N ORMAL DUTIES OF 19
THE MEMBER ’S POSITION; 20
(IV) THE INCAPACITY IS LI KELY TO BE PERMANENT ; AND 21
(V) THE MEMBER SHOULD BE RETIRED. 22
29–111. 23
(a) This section applies to the State Police Retirement System. 24
(b) Except as provided in § 24–401.1(k) of this article, the Board of Trustees shall 25
grant a special disability retirement allowance to a member if: 26
(1) the member is totally and permanently incapacitated for duty arising 27
out of or in the course of the actual performance of duty without willful negligence by the 28
member; and 29
(2) the medical board certifies that: 30
12 SENATE BILL 396
(i) the member is totally incapacitated, either mentally or 1
physically, for the further performance of duty; 2
(ii) the incapacity is likely to be permanent; and 3
(iii) the member should be retired. 4
(c) Except as provided in subsection (d) of this section, a special disability 5
retirement allowance equals the lesser of: 6
(1) the member’s average final compensation; or 7
(2) the sum of: 8
(i) an annuity that is the actuarial equivalent of the member’s 9
accumulated contributions at retirement; and 10
(ii) a pension equal to two–thirds of the member’s average final 11
compensation. 12
(d) (1) This subsection applies to a member who is at least normal retirement 13
age. 14
(2) A special disability retirement allowance equals the greater of: 15
(i) a normal service retirement allowance; or 16
(ii) a special disability retirement allowance computed in accordance 17
with subsection (c) of this section. 18
(E) A MEMBER SHALL BE PRES UMED TO BE TOTALLY A ND PERMANENTLY 19
INCAPACITATED FOR DU TY ARISING OUT OF OR IN THE COURSE OF THE ACTUAL 20
PERFORMANCE OF DUTY AND THE BOARD OF TRUSTEES SHALL GRANT AN 21
ACCIDENTAL DISABILIT Y RETIREMENT ALLOWAN CE TO THE MEMBER IF THE 22
MEDICAL BOARD CERTIF IES THAT: 23
(1) THE MEMBER IS MENTAL LY OR PHYSICALLY INC APACITATED FOR 24
THE FURTHER PERFORMA NCE OF THE NORMAL DU TIES OF THE MEMBER ’S 25
POSITION; 26
(2) THE MEMBER WAS DIAGN OSED BY A LICENSED M EDICAL OR 27
MENTAL HEALTH PROFES SIONAL WITH POST –TRAUMATIC STRESS DIS ORDER, 28
ACUTE STRESS DISORDE R, OR A TRAUMA– AND STRESS–RELATED DISORDER ; 29
SENATE BILL 396 13
(3) THE DIAGNOSIS UNDER ITEM (2) OF THIS SUBSECTION R ESULTED 1
DUE TO THE NATURE AN D PERFORMANCE OF THE NORMAL DUTIES OF THE 2
MEMBER’S POSITION; 3
(4) THE INCAPACITY IS LI KELY TO BE PERMANENT ; AND 4
(5) THE MEMBER SHOULD BE RETIRED. 5
31–2A–01. 6
(a) In this subtitle the following words have the meanings indicated. 7
(b) “Effective date” means the date that an eligible governmental unit commenced 8
or commences participation in the Law Enforcement Officers’ Pension System. 9
(c) “Eligible governmental unit” means a governmental unit that is eligible to 10
participate in the Law Enforcement Officers’ Pension System under § 31–2A–02 of this 11
subtitle. 12
(d) (1) “Emergency medical technician” means a paid emergency medical 13
technician, as determined by the eligible governmental unit. 14
(2) “Emergency medical technician” does not include a volunteer 15
emergency medical technician. 16
(e) (1) “Firefighter” means: 17
(i) a paid firefighter, as determined by the eligible governmental 18
unit; or 19
(ii) a paid paramedic, as determined by the eligible governmental 20
unit. 21
(2) “Firefighter” does not include: 22
(i) a volunteer firefighter; or 23
(ii) a volunteer paramedic. 24
(f) “Law enforcement officer” means an individual certified by the Maryland 25
Police Training and Standards Commission as a law enforcement officer. 26
(g) (1) “Local plan” means a plan or any other arrangement of an eligible 27
governmental unit that is described in § 219(g)(5) of the Internal Revenue Code. 28
(2) “Local plan” does not include a plan established under § 457 of the 29
Internal Revenue Code. 30 14 SENATE BILL 396
(h) “9–1–1 SPECIALIST” HAS THE MEANING STAT ED IN § 1–301 OF THE 1
PUBLIC SAFETY ARTICLE. 2
(I) “State system” has the meaning stated in § 20–101(pp) of this article. 3
31–2A–02. 4
Subject to § 31–2A–03 of this subtitle, the governmental units that are eligible to 5
participate in the Law Enforcement Officers’ Pension System are: 6
(1) counties; and 7
(2) municipal corporations. 8
31–2A–03. 9
(a) Subject to subsection (b) of this section, the legislative body of an eligible 10
governmental unit may approve participation by its law enforcement officers, firefighters, 11
[or] emergency medical technicians, OR 9–1–1 SPECIALISTS in the Law Enforcement 12
Officers’ Pension System if: 13
(1) the legislative body adopts a resolution in the form prescribed by the 14
Board of Trustees; and 15
(2) the eligible governmental unit participates in a State system or 16
operates a local plan, only if: 17
(i) at least 60% of the law enforcement officers, firefighters, [or] 18
emergency medical technicians, OR 9–1–1 SPECIALISTS of the eligible governmental unit 19
petition to become members of the Law Enforcement Officers’ Pension System; 20
(ii) the eligible governmental unit satisfies the requirements in 21
subsection (b) of this section; and 22
(iii) the legislative body approves participation of its law enforcement 23
officers, firefighters, [or] emergency medical technicians, OR 9–1–1 SPECIALISTS in lieu 24
of participation in the State system or local plan. 25
(b) An eligible governmental unit that operates a local plan or participates in a 26
State system may approve participation of its law enforcement officers, firefighters, [or] 27
emergency medical technicians, OR 9–1–1 SPECIALISTS in the Law Enforcement Officers’ 28
Pension System only if: 29
(1) the State system or local plan of the eligible governmental unit requires 30
member contributions at the same rate as the member contribution rate that would be 31 SENATE BILL 396 15
applicable to the law enforcement officers, firefighters, [or] emergency medical technicians, 1
OR 9–1–1 SPECIALISTS of the eligible governmental unit in the Law Enforcement Officers’ 2
Pension System; or 3
(2) the eligible governmental unit: 4
(i) does not provide for the employer pickup of member 5
contributions to the State system or local plan within the meaning of § 414(h)(2) of the 6
Internal Revenue Code; and 7
(ii) certifies that it will not become an approved employer under § 8
21–313 of this article on or after the effective date of participation. 9
(c) (1) If an eligible governmental unit does not satisfy the requirements 10
under subsection (b) of this section, the eligible governmental unit may submit a request to 11
the Board of Trustees to participate in the Law Enforcement Officers’ Pension System. 12
(2) The Board of Trustees shall consider a request made under paragraph 13
(1) of this subsection and determine whether any legislation is necessary to allow the 14
eligible governmental unit to participate in the Law Enforcement Officers’ Pension System. 15
(3) The Board of Trustees shall make recommendations to the Joint 16
Committee on Pensions regarding any legislation that it determines is necessary to allow 17
the eligible governmental unit to participate in the Law Enforcement Officers’ Pension 18
System. 19
31–2A–03.1. 20
(a) Except as provided in subsection (b) of this section, the effective date of 21
participation for an eligible governmental unit is July 1 of the year following the fiscal year 22
in which the eligible governmental unit elects to participate in the Law Enforcement 23
Officers’ Pension System. 24
(b) If an eligible governmental unit does not provide the Board of Trustees with 25
the necessary documentation to join the Law Enforcement Officers’ Pension System on or 26
before the effective date for the eligible governmental unit, the effective date shall be 27
postponed until July 1 of the second year following the fiscal year in which the eligible 28
governmental unit elects to participate in the Law Enforcement Officers’ Pension System. 29
31–2A–04. 30
If a law enforcement officer, firefighter, emergency medical technician, 9–1–1 31
SPECIALIST, or paramedic joins the Law Enforcement Officers’ Pension System on the 32
effective date, the member is entitled to credit for employment with the participating 33
governmental unit before the effective date. 34
31–2A–05. 35 16 SENATE BILL 396
(a) This section applies only to a local plan that is a qualified plan under § 401(a) 1
of the Internal Revenue Code and provides a defined benefit to its participants. 2
(b) If an eligible governmental unit approves participation in the Law 3
Enforcement Officers’ Pension System, the operation of the local plan or State system with 4
respect to the law enforcement officers, firefighters, emergency medical technicians, 5
9–1–1 SPECIALISTS, or paramedics terminates on the effective date. 6
(c) (1) On the effective date: 7
(i) the assets to the credit of the local plan or State system that 8
relate to the law enforcement officers, firefighters, emergency medical technicians, 9–1–1 9
SPECIALISTS, or paramedics who elect to become members shall be transferred to the Law 10
Enforcement Officers’ Pension System; and 11
(ii) the trustee or other administrative head of the local plan or State 12
system shall certify the proportion of the funds of the local plan or State system that 13
represents the accumulated contributions of the members as of that date. 14
(2) The accumulated contributions shall be credited to the respective 15
annuity savings accounts of the members in the Law Enforcement Officers’ Pension 16
System. 17
(3) The balance of the funds transferred to the Law Enforcement Officers’ 18
Pension System shall be offset against the special accrued liability to be funded by the 19
participating governmental unit as provided by § 21–306.1(d) of this article. 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
October 1, 2025. 22
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.