Maryland SB 68: Law Enforcement Officers' Pension System - Crisfield Police Department

Bill Text

WES MOORE, Governor Ch. 71

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Chapter 71
(Senate Bill 68)

AN ACT concerning

Law Enforcement Officers’ Pension System – Crisfield Police Department

FOR the purpose of requiring membership in the Law Enforcement Officers’ Pension
System for certain local law enforcement officers of the Crisfield Police Department
under certain circumstances; providing that a certain individual is entitled to
eligibility service and creditable service that was earned before the effective date of
the Crisfield Police Department’s participation in the Law Enforcement Officers’
Pension System; providing that an individual who receives certain service credit is
not a member of and has no rights to a benefit in the Employees’ Pension System;
providing for the transfer of creditable service for a certain individual; providing for
the transfer and crediting of certain assets on the effective date of participation; and
generally relating to the Crisfield Police Department’s participation in the Law
Enforcement Officers’ Pension System.

BY repealing and reenacting, without amendments,
Article – State Personnel and Pensions
Section 31–2A–05(c)
Annotated Code of Maryland
(2015 Replacement Volume and 2022 Supplement)

BY adding to
Article – State Personnel and Pensions
Section 31–2A–06
Annotated Code of Maryland
(2015 Replacement Volume and 2022 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

Article – State Personnel and Pensions

31–2A–05.

(c) (1) On the effective date:

(i) the assets to the credit of the local plan or State system that
relate to the law enforcement officers, firefighters, or paramedics who elect to become
members shall be transferred to the Law Enforcement Officers’ Pension System; and

(ii) the trustee or other administrative head of the local plan or State
system shall certify the proportion of the funds of the local plan or State system that

Ch. 71 2023 LAWS OF MARYLAND

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represents the accumulated contributions of the members as of that date.

(2) The accumulated contributions shall be credited to the respective
annuity savings accounts of the members in the Law Enforcement Officers’ Pension
System.

(3) The balance of the funds transferred to the Law Enforcement Officers’
Pension System shall be offset against the special accrued liability to be funded by the
participating governmental unit as provided by § 21–306.1(d) of this article.

31–2A–06.

(A) THIS SECTION APPLIES TO AN INDIVIDUAL WHO IS A LOCAL LAW
ENFORCEMENT OFFICER OF THE CRISFIELD POLICE DEPARTMENT:

(1) IN A PERMANENT FULL–TIME POSITION BEFORE THE EFFECTIVE
DATE, AND WHO REMAINS A LOCAL LAW ENFORCEMENT OFFICER OF THE CRISFIELD
POLICE DEPARTMENT IN A PERMANENT FULL–TIME POSITION THROUGH THE
EFFECTIVE DATE; OR

(2) IN A PERMANENT FULL–TIME POSITION AFTER THE EFFECTIVE
DATE.

(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IF THE CRISFIELD
POLICE DEPARTMENT BECOMES A PARTICIPATING GOVERNMENTAL UNIT IN THE
LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM, MEMBERSHIP IN THE LAW
ENFORCEMENT OFFICERS’ PENSION SYSTEM IS MANDATORY FOR AN INDIVIDUAL
DESCRIBED UNDER SUBSECTION (A) OF THIS SECTION.

(C) IF THE CRISFIELD POLICE DEPARTMENT COMMENCES PARTICIPATION
IN THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM IN ACCORDANCE WITH
SUBSECTION (B) OF THIS SECTION, AN INDIVIDUAL DESCRIBED UNDER SUBSECTION
(A)(1) OF THIS SECTION IS ENTITLED TO ELIGIBILITY SERVICE AND CREDITABLE
SERVICE IN THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM FOR
EMPLOYMENT WITH THE CRISFIELD POLICE DEPARTMENT BEFORE THE EFFECTIVE
DATE.

(D) ON JOINING THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM
AND RECEIVING SERVICE CREDIT AS PROVIDED UNDER SUBSECTION (C) OF THIS
SECTION, AN INDIVIDUAL DESCRIBED UNDER SUBSECTION (A)(1) OF THIS SECTION
SHALL:

(1) NO LONGER BE A MEMBER OF THE EMPLOYEES’ PENSION

WES MOORE, Governor Ch. 71

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SYSTEM; AND

(2) HAVE NO FURTHER RIGHTS TO ANY BENEFIT IN THE EMPLOYEES’
PENSION SYSTEM.

(E) THE TRANSFER OF CREDITABLE SERVICE FOR AN INDIVIDUAL
DESCRIBED IN SUBSECTION (A)(1) OF THIS SECTION WHO IS A MEMBER OF THE
EMPLOYEES’ PENSION SYSTEM THROUGH THE EFFECTIVE DATE, AND WHO
TRANSFERS TO THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM UNDER THIS
SECTION, IS NOT GOVERNED BY TITLE 37 OF THIS ARTICLE.

(F) IF THE CRISFIELD POLICE DEPARTMENT BECOMES A PARTICIPATING
GOVERNMENTAL UNIT IN THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM, §
31–2A–05(C) OF THIS SUBTITLE SHALL GOVERN THE TRANSFER AND CREDITING OF
ASSETS ON THE EFFECTIVE DATE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June
1, 2023.

Approved by the Governor, April 11, 2023.