Maryland 2025 Regular Session

Maryland Senate Bill SB810 Compare Versions

OldNewDifferences
11
22
33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *sb0810*
96
107 SENATE BILL 810
118 P6 5lr2375
129 CF HB 1028
13-By: Senator M. Jackson (Chair, Joint Committee on Pensions)
10+By: Senator Jackson (Chair, Joint Committee on Pensions)
1411 Introduced and read first time: January 28, 2025
1512 Assigned to: Budget and Taxation
16-Committee Report: Favorable with amendments
17-Senate action: Adopted
18-Read second time: February 25, 2025
1913
20-CHAPTER ______
14+A BILL ENTITLED
2115
2216 AN ACT concerning 1
2317
2418 Board of Trustees for the State Retirement and Pension System – Investment 2
2519 Division – Compensation and Staffing Committee 3
2620
27-FOR the purpose of clarifying that the Board of Trustees for the State Retirement and 4
28-Pension System shall pay certain incentive compensation to the Chief Investment 5
29-Officer for the State Retirement and Pension System if the Chief Investment Officer 6
30-retires from the Investment Division of the State Retirement Agency in a certain 7
31-manner; clarifying that the Board of Trustees shall pay certain incentive 8
32-compensation to certain employees of the Investment Division if the employees retire 9
33-from the Investment Division in a certain manner; repealing the Objective Criteria 10
34-Committee of the Board of Trustees for the State Retirement and Pension System 11
35-and establishing a Compensation and Staffing Committee of the Board of Trustees; 12
36-providing for the membership of the Committee; clarifying the Board of Trustees’ 13
37-authority to determine the qualifications and compensation of and the type and 14
38-number of positions necessary for carrying out the professional investment functions 15
39-of the Investment Division of the State Retirement Agency; requiring the Committee 16
40-to make certain recommendations to the Board of Trustees regarding the objective 17
41-criteria to be used in setting compensation and awarding financial incentives to 18
42-certain employees in the Investment Division; requiring the Board of Trustees to 19
43-consider certain recommendations of the Committee; clarifying the requirements for 20
44-the Board of Trustees to enter into an agreement with a consultant to provide certain 21
45-services to the Committee; and generally relating to the operations of the Board of 22
46-Trustees for the State Retirement and Pension System. 23
21+FOR the purpose of repealing the Objective Criteria Committee of the Board of Trustees 4
22+for the State Retirement and Pension System and establishing a Compensation and 5
23+Staffing Committee of the Board of Trustees; providing for the membership of the 6
24+Committee; clarifying the Board of Trustees’ authority to determine the 7
25+qualifications and compensation of and the type and number of positions necessary 8
26+for carrying out the professional investment functions of the Investment Division of 9
27+the State Retirement Agency; requiring the Committee to make certain 10
28+recommendations to the Board of Trustees regarding the objective criteria to be used 11
29+in setting compensation and awarding financial incentives to certain employees in 12
30+the Investment Division; requiring the Board of Trustees to consider certain 13
31+recommendations of the Committee; clarifying the requirements for the Board of 14
32+Trustees to enter into an agreement with a consultant to provide certain services to 15
33+the Committee; and generally relating to the operations of the Board of Trustees for 16
34+the State Retirement and Pension System. 17
4735
48-BY repealing and reenacting, with amendments, 24 2 SENATE BILL 810
36+BY repealing and reenacting, with amendments, 18
37+ Article – State Personnel and Pensions 19
38+Section 21–108(b), 21–118.1(a), (b), and (d)(1)(i), and 21–122(f) and (g) 20
39+ Annotated Code of Maryland 21
40+ (2024 Replacement Volume and 2024 Supplement) 22
41+
42+BY repealing and reenacting, without amendments, 23
43+ Article – State Personnel and Pensions 24
44+Section 21–122(a)(1) through (3) 25
45+ Annotated Code of Maryland 26
46+ (2024 Replacement Volume and 2024 Supplement) 27
47+ 2 SENATE BILL 810
4948
5049
51- Article – State Personnel and Pensions 1
52-Section 21–108(b), 21–118.1(a), (b), (c), and (d)(1)(i), and 21–122(f) and (g) 2
53- Annotated Code of Maryland 3
54- (2024 Replacement Volume and 2024 Supplement) 4
50+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
51+That the Laws of Maryland read as follows: 2
5552
56-BY repealing and reenacting, without amendments, 5
57- Article – State Personnel and Pensions 6
58-Section 21–122(a)(1) through (3) 7
59- Annotated Code of Maryland 8
60- (2024 Replacement Volume and 2024 Supplement) 9
53+Article – State Personnel and Pensions 3
6154
62- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
63-That the Laws of Maryland read as follows: 11
55+21–108. 4
6456
65-Article – State Personnel and Pensions 12
57+ (b) In addition to the Investment Committee established under § 21–114 of this 5
58+subtitle AND THE COMPENSATION AND STAFFING COMMITTEE ESTABLISHED UNDER 6
59+§ 21–122 OF THIS SUBTITLE , the Board of Trustees may establish other committees. 7
6660
67-21–108. 13
61+21–118.1. 8
6862
69- (b) In addition to the Investment Committee established under § 21–114 of this 14
70-subtitle AND THE COMPENSATION AND STAFFING COMMITTEE ESTABLISHED UNDER 15
71-§ 21–122 OF THIS SUBTITLE , the Board of Trustees may establish other committees. 16
63+ (a) Notwithstanding any other provision of law, on the recommendation of the 9
64+Executive Director and the [Investment] COMPENSATION AND STAFFING Committee, 10
65+the Board of Trustees shall determine the qualifications and appointment, as well as 11
66+compensation and leave, for the Chief Investment Officer who shall be the head of the 12
67+Investment Division. 13
7268
73-21–118.1. 17
69+ (b) (1) In making determinations and appointments under this section, the 14
70+Executive Director and the [Investment] COMPENSATION AND STAFFING Committee 15
71+shall consider the comparative qualifications, compensation, and leave of employees 16
72+serving in similar positions and discharging similar duties at comparable public pension 17
73+funds. 18
7474
75- (a) (1) Notwithstanding any other provision of law, on the recommendation of 18
76-the Executive Director and the [Investment] COMPENSATION AND STAFFING 19
77-Committee, the Board of Trustees shall determine the qualifications and appointment, as 20
78-well as compensation and leave, for the Chief Investment Officer who shall be the head of 21
79-the Investment Division. 22
75+ (2) (i) 1. The Board of Trustees shall adopt objective criteria for 19
76+setting the qualifications and compensation of the Chief Investment Officer. 20
8077
81- (2) THE COMPENSATION AND STAFFING COMMITTEE SHALL ASSIST 23
82-THE EXECUTIVE DIRECTOR AND THE INVESTMENT COMMITTEE IN RECOMMEN DING 24
83-QUALIFICATIONS , COMPENSATION , AND LEAVE FOR THE CHIEF INVESTMENT 25
84-OFFICER, INCLUDING ANY SALARY CHANGES FOR THE CHIEF INVESTMENT 26
85-OFFICER. 27
78+ 2. The Board shall consider the recommendations of the 21
79+[Objective Criteria] COMPENSATION AND STAFFING Committee under § 21–122(g) of 22
80+this subtitle before adopting objective criteria for setting compensation. 23
8681
87- (b) (1) In making RECOMMENDATIONS , determinations, and appointments 28
88-under this section, the Executive Director and the [Investment] BOARD OF TRUSTEES, 29
89-EXECUTIVE DIRECTOR, INVESTMENT COMMITTEE, AND COMPENSATION AND 30
90-STAFFING Committee shall consider the comparative qualifications, compensation, and 31
91-leave of employees serving in similar positions and discharging similar duties at 32
92-comparable public pension funds. 33
82+ (ii) The criteria adopted under subparagraph (i) of this paragraph 24
83+shall include objective benchmarks of investment performance that shall be met or 25
84+exceeded for the Chief Investment Officer to be eligible for an increase in compensation. 26
9385
94- (2) (i) 1. The Board of Trustees shall adopt objective criteria for 34
95-setting the qualifications and compensation of the Chief Investment Officer. 35
96- SENATE BILL 810 3
86+ (iii) The Board may not grant any increases in compensation to the 27
87+Chief Investment Officer in a fiscal year in which State employees are subject to a furlough. 28
88+
89+ (iv) The Chief Investment Officer’s compensation may not be 29
90+adjusted in accordance with cost–of–living adjustments and merit increases available to 30
91+State employees. 31
92+
93+ (d) (1) (i) 1. On the recommendation of the [Investment] 32
94+COMPENSATION AND STAFFING Committee, the Board of Trustees shall establish 33
95+objective criteria for awarding financial incentives to the Chief Investment Officer. 34 SENATE BILL 810 3
96+
9797
9898
9999 2. The Board shall consider the recommendations of the 1
100100 [Objective Criteria] COMPENSATION AND STAFFING Committee under § 21–122(g) of 2
101-this subtitle before adopting objective criteria for setting compensation. 3
101+this subtitle before adopting objective criteria for awarding financial incentives. 3
102102
103- (ii) The criteria adopted under subparagraph (i) of this paragraph 4
104-shall include objective benchmarks of investment performance that shall be met or 5
105-exceeded for the Chief Investment Officer to be eligible for an increase in compensation. 6
103+21–122. 4
106104
107- (iii) The Board may not grant any increases in compensation to the 7
108-Chief Investment Officer in a fiscal year in which State employees are subject to a furlough. 8
105+ (a) (1) There is an Investment Division in the State Retirement Agency. 5
109106
110- (iv) The Chief Investment Officer’s compensation may not be 9
111-adjusted in accordance with cost–of–living adjustments and merit increases available to 10
112-State employees. 11
107+ (2) Subject to subsection (f) of this section, the Board of Trustees shall 6
108+determine the qualifications and compensation for positions within the Investment 7
109+Division. 8
113110
114- (c) (1) In addition to the Board of Trustees setting the compensation of the 12
115-Chief Investment Officer under subsection (a) of this section, the Board of Trustees may 13
116-also award financial incentives to the Chief Investment Officer in accordance with this 14
117-subsection and subsection (d) of this section. 15
111+ (3) The Board of Trustees: 9
118112
119- (2) (i) Any financial incentives paid shall be paid over multiple fiscal 16
120-years in equal installments. 17
113+ (i) may determine and create the type and number of positions 10
114+necessary for carrying out the professional investment functions of the Investment 11
115+Division; and 12
121116
122- (ii) The dates on which financial incentives awarded under this 18
123-section shall be paid shall be set by the Board of Trustees at the time the financial 19
124-incentives are determined. 20
117+ (ii) shall adopt objective criteria to be followed when exercising its 13
118+authority under item (i) of this paragraph and paragraph (2) of this subsection. 14
125119
126- (iii) The dates set under subparagraph (ii) of this paragraph may not 21
127-be changed after being set. 22
120+ (f) (1) (i) 1. The Board of Trustees shall adopt objective criteria for 15
121+setting the qualifications and compensation of positions under subsection (a) of this section. 16
128122
129- (3) (i) Except as provided in subparagraph (ii) of this paragraph, if the 23
130-Chief Investment Officer separates from employment, the Board of Trustees may not pay 24
131-out any remaining financial incentives due to be paid after the date of separation from 25
132-employment. 26
123+ 2. The Board shall consider the recommendations of the 17
124+[Objective Criteria] COMPENSATION AND STAFFING Committee under subsection (g) of 18
125+this section before adopting objective criteria for setting compensation. 19
133126
134- (ii) The Board of Trustees may pay any remaining [earned] 27
135-AWARDED financial incentives after the date of separation from employment if the Chief 28
136-Investment Officer retires directly from the Investment Division on or within 30 days after 29
137-the date of separation from employment. 30
127+ (ii) The criteria adopted under subparagraph (i) of this paragraph 20
128+shall include: 21
138129
139- (4) (i) The Board of Trustees may not pay financial incentives in a fiscal 31
140-year in which State employees are subject to a furlough. 32
130+ 1. consideration of the comparative qualifications and 22
131+compensation of employees serving in similar positions and discharging similar duties at 23
132+comparable public pension funds; 24
141133
142- (ii) [The] EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF 33
143-THIS PARAGRAPH , THE Board of Trustees shall pay out any financial incentives not paid 34
144-in accordance with subparagraph (i) of this paragraph only: 35
134+ 2. limitations on the amount by which the compensation for 25
135+a position may be increased each fiscal year, not to exceed 10%; and 26
136+
137+ 3. objective benchmarks of investment performance that 27
138+shall be met or exceeded by an individual to be eligible for an increase in compensation. 28
139+
140+ (iii) The Board of Trustees may not grant any increases in 29
141+compensation in a fiscal year in which State employees are subject to a furlough. 30
145142 4 SENATE BILL 810
146143
147144
148- 1. after the furlough period has ended; and 1
145+ (iv) For positions that do not involve discretion over 1
146+investment–related decisions, the Board of Trustees may not set compensation that exceeds 2
147+compensation for providing comparable services in other State employment. 3
149148
150- 2. if the Chief Investment Officer is currently employed as 2
151-the Chief Investment Officer. 3
149+ (v) Except for positions under subparagraph (iv) of this paragraph, 4
150+the compensation of an employee may not be adjusted in accordance with cost–of–living 5
151+adjustments and merit increases available to State employees. 6
152152
153- (III) AFTER A FURLOUGH PERI OD HAS ENDED , THE BOARD OF 4
154-TRUSTEES SHALL PAY OU T ANY REMAINING AWAR DED FINANCIAL INCENT IVES NOT 5
155-PAID TO THE CHIEF INVESTMENT OFFICER IN ACCORDANCE WITH SUBPARAGRAPH 6
156-(I) OF THIS PARAGRAPH IF : 7
153+ (VI) BASED ON THE RECOMMEN DATIONS OF THE 7
154+COMPENSATION AND STAFFING COMMITTEE UNDER SUBSE CTION (G) OF THIS 8
155+SECTION, THE BOARD OF TRUSTEES SHALL APPROV E: 9
157156
158- 1. THE CHIEF INVESTMENT OFFICER SEPARATES FRO M 8
159-EMPLOYMENT W ITH THE INVESTMENT DIVISION DURING THE F URLOUGH PERIOD ; 9
160-AND 10
157+ 1. THE TYPE AND NUMBER OF POSITIONS IN THE 10
158+INVESTMENT DIVISION; 11
161159
162- 2. AFTER THE DATE OF SE PARATION FROM 11
163-EMPLOYMENT , THE CHIEF INVESTMENT OFFICER RETIRES DIREC TLY FROM THE 12
164-INVESTMENT DIVISION OR WITHIN 30 DAYS AFTER THE DATE OF SEPARATION FROM 13
165-EMPLOYMENT . 14
160+ 2. THE QUALIFICATIONS F OR EACH POSITION IN THE 12
161+INVESTMENT DIVISION, AS APPROVED UNDER ITEM 1 OF THIS SUBPARAGRAPH ; AND 13
166162
167- (d) (1) (i) 1. On the recommendation of the [Investment] 15
168-COMPENSATION AND STAFFING Committee, the Board of Trustees shall establish 16
169-objective criteria for awarding financial incentives to the Chief Investment Officer. 17
163+ 3. ANY COMPENSATION AND FINANCIAL INCENTIVES 14
164+FOR THE CHIEF INVESTMENT OFFICER AND INVESTMENT DIVISION STAFF, 15
165+INCLUDING SALARY INC REASES OR DECREASES RECOMMENDED FOR THE CHIEF 16
166+INVESTMENT OFFICER AND EMPLOYEES O F THE INVESTMENT DIVISION. 17
170167
171- 2. The Board shall consider the recommendations of the 18
172-[Objective Criteria] COMPENSATION AND STAFFING Committee under § 21–122(g) of 19
173-this subtitle before adopting objective criteria for awarding financial incentives. 20
168+ (2) (i) 1. The Board of Trustees shall adopt objective criteria for 18
169+awarding financial incentives under subsection (a) of this section. 19
174170
175-21–122. 21
171+ 2. The Board shall consider the recommendations of the 20
172+[Objective Criteria] COMPENSATION AND STAFFING Committee under subsection (g) of 21
173+this section before adopting objective criteria for awarding financial incentives. 22
176174
177- (a) (1) There is an Investment Division in the State Retirement Agency. 22
175+ (ii) Financial incentives may only be awarded based on the objective 23
176+criteria adopted in accordance with subparagraph (i) of this paragraph. 24
178177
179- (2) Subject to subsection (f) of this section, the Board of Trustees shall 23
180-determine the qualifications and compensation for positions within the Investment 24
181-Division. 25
178+ (iii) The criteria adopted under subparagraph (i) of this paragraph 25
179+shall include: 26
182180
183- (3) The Board of Trustees: 26
181+ 1. limitations on the amount of financial incentives for a 27
182+position in a fiscal year, not to exceed 33% of a position’s compensation, exclusive of 28
183+financial incentives; and 29
184184
185- (i) may determine and create the type and number of positions 27
186-necessary for carrying out the professional investment functions of the Investment 28
187-Division; and 29
188-
189- (ii) shall adopt objective criteria to be followed when exercising its 30
190-authority under item (i) of this paragraph and paragraph (2) of this subsection. 31
191-
192- (f) (1) (i) 1. The Board of Trustees shall adopt objective criteria for 32
193-setting the qualifications and compensation of positions under subsection (a) of this section. 33 SENATE BILL 810 5
185+ 2. objective benchmarks of investment performance that 30
186+shall be met or exceeded by an individual to be eligible for financial incentives, including 31
187+benchmarks for the asset class in which investments are under the direction of the 32
188+individual. 33
189+ SENATE BILL 810 5
194190
195191
192+ (iv) 1. Any financial incentives paid shall be paid over multiple 1
193+fiscal years in equal installments. 2
196194
197- 2. The Board shall consider the recommendations of the 1
198-[Objective Criteria] COMPENSATION AND STAFFING Committee under subsection (g) of 2
199-this section before adopting objective criteria for setting compensation. 3
195+ 2. The dates on which financial incentives awarded under 3
196+this section shall be paid shall be set by the Board of Trustees at the time the financial 4
197+incentives are determined. 5
200198
201- (ii) The criteria adopted under subparagraph (i) of this paragraph 4
202-shall include: 5
199+ 3. The dates set under subsubparagraph 2 of this 6
200+subparagraph may not be changed after being set. 7
203201
204- 1. consideration of the comparative qualifications and 6
205-compensation of employees serving in similar positions and discharging similar duties at 7
206-comparable public pension funds; 8
202+ (v) Except as provided in subparagraph (vi) of this paragraph, if an 8
203+individual who has earned financial incentives separates from employment in the 9
204+Investment Division, the Board of Trustees may not pay out any remaining financial 10
205+incentives due to be paid after the date of separation from employment. 11
207206
208- 2. limitations on the amount by which the compensation for 9
209-a position may be increased each fiscal year, not to exceed 10%; and 10
207+ (vi) The Board of Trustees may pay any remaining earned financial 12
208+incentives after the date of separation from employment if the individual retires directly 13
209+from the Investment Division on or 30 days after the date of separation. 14
210210
211- 3. objective benchmarks of investment performance that 11
212-shall be met or exceeded by an individual to be eligible for an increase in compensation. 12
211+ (vii) The Board of Trustees may not award financial incentives for 15
212+positions that do not involve discretion over investment–related decisions. 16
213213
214- (iii) The Board of Trustees may not grant any increases in 13
215-compensation in a fiscal year in which State employees are subject to a furlough. 14
214+ (viii) 1. The Board of Trustees may not pay out financial 17
215+incentives in a fiscal year in which State employees are subject to a furlough. 18
216216
217- (iv) For positions that do not involve discretion over 15
218-investment–related decisions, the Board of Trustees may not set compensation that exceeds 16
219-compensation for providing comparable services in other State employment. 17
217+ 2. The Board of Trustees shall pay out any financial 19
218+incentives not paid to an individual in accordance with subsubparagraph 1 of this 20
219+subparagraph only: 21
220220
221- (v) Except for positions under subparagraph (iv) of this paragraph, 18
222-the compensation of an employee may not be adjusted in accordance with cost–of–living 19
223-adjustments and merit increases available to State employees. 20
221+ A. after the furlough period has ended; and 22
224222
225- (VI) BASED ON THE RECOMMEN DATIONS OF THE 21
226-COMPENSATION AND STAFFING COMMITTEE UNDER SUBSE CTION (G) OF THIS 22
227-SECTION, THE BOARD OF TRUSTEES SHALL APPROV E: 23
223+ B. if the individual is currently employed in the Investment 23
224+Division. 24
228225
229- 1. THE TYPE AND NUMBER OF POSITIONS IN THE 24
230-INVESTMENT DIVISION; 25
226+ (3) (i) On or before October 1 each year, the Board of Trustees shall 25
227+submit to the Senate Budget and Taxation Committee, the House Appropriations 26
228+Committee, and the Joint Committee on Pensions, in accordance with § 2–1257 of the State 27
229+Government Article, a copy of the most recent criteria adopted under this subsection, 28
230+INCLUDING ANY CHANGE S TO COMPENSATION AN D INCENTIVES FOR THE CHIEF 29
231+INVESTMENT OFFICER AND INVESTMENT DIVISION STAFF. 30
231232
232- 2. THE QUALIFICATIONS F OR EACH POSITION IN THE 26
233-INVESTMENT DIVISION, AS APPROVED UNDER IT EM 1 OF THIS SUBPARAGRAPH ; AND 27
234-
235- 3. ANY COMPENSATION AND FINANCIAL INCENTIVES 28
236-FOR THE CHIEF INVESTMENT OFFICER AND INVESTMENT DIVISION STAFF, 29
237-INCLUDING SALARY INC REASES OR DECREASES RECOMMENDED FOR THE CHIEF 30
238-INVESTMENT OFFICER AND EMPLOYEES OF THE INVESTMENT DIVISION; AND 31
239-
240- 4. IN ACCORDANCE WITH § 21–118.1 OF THIS SUBTITLE , 32
241-ANY COMPENSATION AND FINANCIAL INCENTIVES FOR THE CHIEF INVESTMENT 33 6 SENATE BILL 810
233+ (ii) In addition to the report required under subparagraph (i) of this 31
234+paragraph, the Board of Trustees shall submit, within 30 days of adoption by the Board of 32
235+Trustees, a copy of any changes adopted to the criteria established under this subsection to 33
236+the Senate Budget and Taxation Committee, the House Appropriations Committee, and the 34
237+Joint Committee on Pensions, in accordance with § 2–1257 of the State Government Article. 35
238+ 6 SENATE BILL 810
242239
243240
244-OFFICER, INCLUDING SALARY INC REASES OR DECREASES RECOMMENDED FOR THE 1
245-CHIEF INVESTMENT OFFICER. 2
241+ (4) On or before October 1, January 1, March 1, and July 1 each year, the 1
242+Board of Trustees shall submit to the Senate Budget and Taxation Committee, the House 2
243+Appropriations Committee, and the Joint Committee on Pensions, in accordance with § 3
244+2–1257 of the State Government Article, a report on system investment returns for the 4
245+preceding fiscal quarter, including: 5
246246
247- (2) (i) 1. The Board of Trustees shall adopt objective criteria for 3
248-awarding financial incentives under subsection (a) of this section. 4
247+ (i) investment performance by asset class, including performance 6
248+relative to asset class benchmarks; and 7
249249
250- 2. The Board shall consider the recommendations of the 5
251-[Objective Criteria] COMPENSATION AND STAFFING Committee under subsection (g) of 6
252-this section before adopting objective criteria for awarding financial incentives. 7
250+ (ii) investment performance of assets under the direction of each 8
251+Investment Division employee. 9
253252
254- (ii) Financial incentives may only be awarded based on the objective 8
255-criteria adopted in accordance with subparagraph (i) of this paragraph. 9
253+ (g) (1) There is [an Objective Criteria] A COMPENSATION AND STAFFING 10
254+Committee of the Board of Trustees. 11
256255
257- (iii) The criteria adopted under subparagraph (i) of this paragraph 10
258-shall include: 11
256+ (2) (I) The [Committee consists of the] following members SHALL BE 12
257+INCLUDED ON THE COMMITTEE: 13
259258
260- 1. limitations on the amount of financial incentives for a 12
261-position in a fiscal year, not to exceed 33% of a position’s compensation, exclusive of 13
262-financial incentives; and 14
259+ [(i) one member of the Senate of Maryland serving on the Joint 14
260+Committee on Pensions, appointed by the President of the Senate; 15
263261
264- 2. objective benchmarks of investment performance that 15
265-shall be met or exceeded by an individual to be eligible for financial incentives, including 16
266-benchmarks for the asset class in which investments are under the direction of the 17
267-individual. 18
262+ (ii) one member of the House of Delegates serving on the Joint 16
263+Committee on Pensions, appointed by the Speaker of the House; 17
268264
269- (iv) 1. Any financial incentives paid shall be paid over multiple 19
270-fiscal years in equal installments. 20
265+ (iii) the State Treasurer or the State Treasurer’s designee; 18
271266
272- 2. The dates on which financial incentives awarded under 21
273-this section shall be paid shall be set by the Board of Trustees at the time the financial 22
274-incentives are determined. 23
267+ (iv)] 1. the Secretary of Budget and Management or the 19
268+Secretary’s designee; 20
275269
276- 3. The dates set under subsubparagraph 2 of this 24
277-subparagraph may not be changed after being set. 25
270+ [(v)] 2. one [member] OR MORE MEMBERS of the Board of 21
271+Trustees under § 21–104(a)(4)(i), (ii), (iii), (iv), or (v) of this subtitle, appointed by the 22
272+Chairman of the Board of Trustees; AND 23
278273
279- (v) Except as provided in subparagraph (vi) of this paragraph, if an 26
280-individual who has earned BEEN AWARDED financial incentives separates from 27
281-employment in the Investment Division, the Board of Trustees may not pay out any 28
282-remaining financial incentives due to be paid after the date of separation from employment. 29
274+ [(vi)] 3. one [member] OR MORE MEMBERS of the Board of 24
275+Trustees under § 21–104(a)(4)(viii) of this subtitle, appointed by the Chairman of the Board 25
276+of Trustees[; and 26
283277
284- (vi) The Board of Trustees may pay any remaining earned AWARDED 30
285-financial incentives after the date of separation from employment if the individual retires 31
286-directly from the Investment Division on or 30 days after the date of separation. 32
278+ (vii) a member of the public with financial industry experience, 27
279+appointed jointly by the presiding officers of the General Assembly]. 28
287280
288- (vii) The Board of Trustees may not award financial incentives for 33
289-positions that do not involve discretion over investment–related decisions. 34
281+ (II) THE FOLLOWING MEMBERS MA Y BE APPOINTED TO TH E 29
282+COMMITTEE BY THE CHAIRMAN OF THE BOARD OF TRUSTEES: 30
283+
284+ 1. THE STATE TREASURER, OR THE STATE 31
285+TREASURER’S DESIGNEE; AND 32
290286 SENATE BILL 810 7
291287
292288
293- (viii) 1. The Board of Trustees may not pay out financial 1
294-incentives in a fiscal year in which State employees are subject to a furlough. 2
289+ 2. THE COMPTROLLER , OR THE COMPTROLLER ’S 1
290+DESIGNEE. 2
295291
296- 2. The EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 3 3
297-OF THIS SUBPARAGRAPH , THE Board of Trustees shall pay out any financial incentives 4
298-not paid to an individual in accordance with subsubparagraph 1 of this subparagraph only: 5
292+ (3) (i) The Chairman of the Board of Trustees shall appoint the Chair 3
293+of the Committee. 4
299294
300- A. after the furlough period has ended; and 6
295+ (ii) The Chairman of the Board of Trustees may not serve as the 5
296+Chair of the Committee. 6
301297
302- B. if the individual is currently employed in the Investment 7
303-Division. 8
298+ (4) [On or before December 31, 2018, and at least once every 5 years 7
299+thereafter, the] THE Committee shall make recommendations to the Board of Trustees 8
300+regarding: 9
304301
305- 3. AFTER A FURLOUGH PERI OD HAS ENDED, THE BOARD 9
306-OF TRUSTEES SHALL PAY OU T ANY REMAINING AWARDED FI NANCIAL INCENTIVES 10
307-NOT PAID TO AN INDIV IDUAL IN ACCORDANCE WITH SUBSUBPARAGRAPH 1 OF THIS 11
308-SUBPARAGRAPH IF : 12
302+ (i) objective criteria under § 21–118.1(b)(2) and (d) of this subtitle 10
303+for the compensation and financial incentives for the Chief Investment Officer; and 11
309304
310- A. THE INDIVIDUAL SEPAR ATES FROM EMPLOYMENT 13
311-WITH THE INVESTMENT DIVISION DURING THE F URLOUGH PERIOD ; AND 14
305+ (ii) objective criteria under subsections (a) and (f) of this section for 12
306+the compensation and financial incentives for the positions in the Investment Division. 13
312307
313- B. AFTER THE DATE OF SEPARATION F ROM 15
314-EMPLOYMENT , THE INDIVIDUAL RETIR ES DIRECTLY FROM THE INVESTMENT 16
315-DIVISION OR WITHIN 30 DAYS AFTER THE DATE OF SEPARATION FROM 17
316-EMPLOYMENT . 18
308+ (5) (i) The Board of Trustees shall enter into an agreement with a 14
309+consultant to assist the Committee AND THE BOARD regarding objective criteria under 15
310+this subsection AND THE BOARD’S RESPONSIBILITIES F OR COMPENSATION AND 16
311+STAFFING. 17
317312
318- (3) (i) On or before October 1 each year, the Board of Trustees shall 19
319-submit to the Senate Budget and Taxation Committee, the House Appropriations 20
320-Committee, and the Joint Committee on Pensions, in accordance with § 2–1257 of the State 21
321-Government Article, a copy of the most recent criteria adopted under this subsection, 22
322-INCLUDING ANY CHANGE S TO COMPENSATION AND INC ENTIVES FOR THE CHIEF 23
323-INVESTMENT OFFICER AND INVESTMENT DIVISION STAFF. 24
313+ (ii) The Board of Trustees may not enter into an agreement with a 18
314+consultant under subparagraph (i) of this paragraph if that consultant is actively providing 19
315+consulting services for the Board of Trustees [and] OR the staff of the Investment Division. 20
324316
325- (ii) In addition to the report required under subparagraph (i) of this 25
326-paragraph, the Board of Trustees shall submit, within 30 days of adoption by the Board of 26
327-Trustees, a copy of any changes adopted to the criteria established under this subsection to 27
328-the Senate Budget and Taxation Committee, the House Appropriations Committee, and the 28
329-Joint Committee on Pensions, in accordance with § 2–1257 of the State Government Article. 29
317+ (III) THE CHIEF INVESTMENT OFFICER MAY NOT SEPAR ATELY 21
318+RETAIN THE CONSULTAN T HIRED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH 22
319+FOR ANY SERVICES . 23
330320
331- (4) On or before October 1, January 1, March 1, and July 1 each year, the 30
332-Board of Trustees shall submit to the Senate Budget and Taxation Committee, the House 31
333-Appropriations Committee, and the Joint Committee on Pensions, in accordance with § 32
334-2–1257 of the State Government Article, a report on system investment returns for the 33
335-preceding fiscal quarter, including: 34
321+ (6) (i) The [Chief Investment Officer] EXECUTIVE DIRECTOR shall 24
322+serve in an advisory capacity to the Committee REGARDING COMPENSATI ON AND 25
323+INCENTIVE COMPENSATI ON FOR THE CHIEF INVESTMENT OFFICER AND 26
324+INVESTMENT DIVISION STAFF. 27
336325
337- (i) investment performance by asset class, including performance 35
338-relative to asset class benchmarks; and 36 8 SENATE BILL 810
326+ (ii) The Chief Investment Officer may not participate in any 28
327+deliberations regarding the criteria for compensation and financial incentives for the Chief 29
328+Investment Officer OR INVESTMENT DIVISION STAFF. 30
329+
330+ (III) THE CHIEF INVESTMENT OFFICER SHALL SERVE I N AN 31
331+ADVISORY CAPACITY RE GARDING THE TYPE OF , NUMBER OF, AND QUALIFICATIONS 32
332+FOR POSITIONS IN THE INVESTMENT DIVISION. 33
333+ 8 SENATE BILL 810
339334
340335
341-
342- (ii) investment performance of assets under the direction of each 1
343-Investment Division employee. 2
344-
345- (g) (1) There is [an Objective Criteria] A COMPENSATION AND STAFFING 3
346-Committee of the Board of Trustees. 4
347-
348- (2) (I) The [Committee consists of the] following members SHALL BE 5
349-INCLUDED ON THE COMMITTEE: 6
350-
351- [(i) one member of the Senate of Maryland serving on the Joint 7
352-Committee on Pensions, appointed by the President of the Senate; 8
353-
354- (ii) one member of the House of Delegates serving on the Joint 9
355-Committee on Pensions, appointed by the Speaker of the House; 10
356-
357- (iii) the State Treasurer or the State Treasurer’s designee; 11
358-
359- (iv)] 1. the Secretary of Budget and Management or the 12
360-Secretary’s designee; 13
361-
362- [(v)] 2. one [member] OR MORE MEMBERS of the Board of 14
363-Trustees under § 21–104(a)(4)(i), (ii), (iii), (iv), or (v) of this subtitle, appointed by the 15
364-Chairman of the Board of Trustees; AND 16
365-
366- 3. ONE OR MORE MEMBERS OF THE BOARD OF 17
367-TRUSTEES UNDER § 21–104(A)(4)(VI) OR (VII) OF THIS SUBTITLE , APPOINTED BY 18
368-THE CHAIRMAN OF THE BOARD OF TRUSTEES; AND 19
369-
370- [(vi)] 3. 4. one [member] OR MORE MEMBERS of the Board of 20
371-Trustees under § 21–104(a)(4)(viii) of this subtitle, appointed by the Chairman of the Board 21
372-of Trustees[; and 22
373-
374- (vii) a member of the public with financial industry experience, 23
375-appointed jointly by the presiding officers of the General Assembly]. 24
376-
377- (II) THE FOLLOWING MEMBERS MAY BE APPOINTED TO THE 25
378-COMMITTEE BY THE CHAIRMAN OF THE BOARD OF TRUSTEES: 26
379-
380- 1. THE STATE TREASURER, OR THE STATE 27
381-TREASURER’S DESIGNEE; AND 28
382-
383- 2. THE COMPTROLLER , OR THE COMPTROLLER ’S 29
384-DESIGNEE. 30
385- SENATE BILL 810 9
386-
387-
388- (3) (i) The Chairman of the Board of Trustees shall appoint the Chair 1
389-of the Committee. 2
390-
391- (ii) The Chairman of the Board of Trustees may not serve as the 3
392-Chair of the Committee. 4
393-
394- (4) [On or before December 31, 2018, and at least once every 5 years 5
395-thereafter, the] THE Committee shall make recommendations to the Board of Trustees 6
396-regarding: 7
397-
398- (i) objective criteria under § 21–118.1(b)(2) and (d) of this subtitle 8
399-for the compensation and financial incentives for the Chief Investment Officer; and 9
400-
401- (ii) objective criteria under subsections (a) and (f) of this section for 10
402-the compensation and financial incentives for the positions in the Investment Division. 11
403-
404- (5) (i) The Board of Trustees shall enter into an agreement with a 12
405-consultant to assist the Committee AND THE BOARD regarding objective criteria under 13
406-this subsection AND THE BOARD’S RESPONSIBILITIES F OR COMPENSATION AND 14
407-STAFFING. 15
408-
409- (ii) 1. The EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 2 16
410-OF THIS SUBPARAGRAPH , THE Board of Trustees may not enter into an agreement with 17
411-a consultant under subparagraph (i) of this paragraph if that consultant is actively 18
412-providing consulting services for the Board of Trustees [and] OR the staff of the Investment 19
413-Division. 20
414-
415- 2. THE BOARD OF TRUSTEES MAY ENTER IN TO AN 21
416-AGREEMENT WITH A CON SULTANT SELECTED UND ER SUBPARAGRAPH (I) OF THIS 22
417-PARAGRAPH TO PROVIDE EXECUTIVE SEARCH SER VICES FOR THE BOARD OF 23
418-TRUSTEES OR THE EXECUTIVE DIRECTOR. 24
419-
420- (III) THE CHIEF INVESTMENT OFFICER MAY NOT SEPAR ATELY 25
421-RETAIN THE CONSULTAN T HIRED UNDER SUBPAR AGRAPH (I) OF THIS PARAGRAPH 26
422-FOR ANY SERVICES . 27
423-
424- (6) (i) The [Chief Investment Officer] EXECUTIVE DIRECTOR shall 28
425-serve in an advisory capacity to the Committee REGARDING COMPENS ATION AND 29
426-INCENTIVE COMPENSATI ON FOR THE CHIEF INVESTMENT OFFICER AND 30
427-INVESTMENT DIVISION STAFF. 31
428-
429- (ii) The Chief Investment Officer may not participate in any 32
430-deliberations regarding the criteria for compensation and financial incentives for the Chief 33
431-Investment Officer OR INVESTMENT DIVISION STAFF. 34
432- 10 SENATE BILL 810
433-
434-
435- (III) THE CHIEF INVESTMENT OFFICER SHALL SERVE I N AN 1
436-ADVISORY CAPACITY RE GARDING THE TYPE OF , NUMBER OF, AND QUALIFICATIONS 2
437-FOR POSITIONS IN THE INVESTMENT DIVISION. 3
438-
439- SECTION 2. AND BE IT FURTHER ENACTED , That this Act shall take effect July 4
440-1, 2025. 5
441-
442-
443-
444-
445-Approved:
446-________________________________________________________________________________
447- Governor.
448-________________________________________________________________________________
449- President of the Senate.
450-________________________________________________________________________________
451- Speaker of the House of Delegates.
336+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
337+1, 2025. 2