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WES MOORE, Governor Ch. 291
Chapter 291
(House Bill 1139)
AN ACT concerning
State Retirement and Pension System – Eligible Governmental Units
Administration and Clarification
FOR the purpose of altering the dates by which certain local employers are required to pay
the State Retirement and Pension System a certain amount of the charges certified to
the local employer; clarifying the interest rate a county government is charged for
certain delinquent amounts owed to the State Retirement and Pension System;
clarifying that an eligible governmental unit of the Employees’ Pension System, the
Law Enforcement Officers’ Pension System, and the Correctional Officers’
Retirement System that satisfies certain requirements is eligible to participate in a
certain system of the State Retirement and Pension System only if all employees of
the eligible governmental unit participate in the certain system; clarifying the list of
positions that have immediate vesting rights in the State Retirement and Pension
System; clarifying that certain documentation by an eligible governmental unit
electing to participate in the Employees’ Pension System, the Law Enforcement
Officers’ Pension System, or the Correctional Officers’ Retirement System shall
include certain properly completed election forms; and generally relating to
participating governmental units in the State Retirement and Pension System.
BY repealing and reenacting, with amendments,
Article – State Personnel and Pensions
Section 21–309.1, 21–309.2, 23–204(a), 29–304(20) through (23), 31–109, 31–109.1,
31–111, 31–2A–03, 31–2A–03.1, 31–2A–04, 31–2B–03, 31–2B–03.1, and
31–2B–04
Annotated Code of Maryland
(2024 Replacement Volume and 2025 Supplement)
BY repealing
Article – State Personnel and Pensions
Section 29–304(19)
Annotated Code of Maryland
(2024 Replacement Volume and 2025 Supplement)
BY repealing and reenacting, without amendments,
Article – State Personnel and Pensions
Section 31–101(a), (d), and (e), 31–102, 31–2A–01(a) and (c), 31–2A–02, 31–2B–01(a)
and (c), and 31–2B–02
Annotated Code of Maryland
(2024 Replacement Volume and 2025 Supplement)
BY repealing and reenacting, with amendments,
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Ch. 291 2026 LAWS OF MARYLAND
Article – State Personnel and Pensions
Section 31–109, 31–109.1, 31–2A–03, 31–2A–03.1, 31–2B–03, and 31–2B–03.1
Annotated Code of Maryland
(2024 Replacement Volume and 2025 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
21–309.1.
(a) (1) In this section the following words have the meanings indicated.
(2) “Local employee” has the meaning stated in § 21–304 of this subtitle.
(3) “Local employer” has the meaning stated in § 21–304 of this subtitle.
(b) On or before December 1 of each year, the Board of Trustees shall determine
and certify the amounts payable by each local employer under § 21–304(b)(4) of this subtitle
for the next fiscal year.
(c) On or before October 1, January 1, [April 1] APRIL 16, and June 1 of each
fiscal year, each local employer shall pay to the Board of Trustees 25% of the amount of the
charges certified to the local employer by the Board of Trustees under subsection (b) of this
section.
(d) (1) The Secretary of the Board of Trustees may allow a grace period not to
exceed 10 calendar days for payment of the amounts certified under this section.
(2) If a local employer does not pay the amounts required under this section
within the time required, on notification by the Secretary of the Board of Trustees that a
delinquency exists, the State Comptroller immediately:
(i) shall withhold the delinquent amounts, including interest on the
delinquent amounts at a rate of 7.75% a year, from any installment due the local employer
from the General State School Fund; and
(ii) shall pay to the Board of Trustees the delinquent amounts,
including interest, withheld under this paragraph.
(e) On receipt of the payments from each local employer or the State Comptroller,
the Board of Trustees shall credit these amounts to the accumulation fund of the
appropriate State system.
21–309.2.
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WES MOORE, Governor Ch. 291
(a) For purposes of making determinations under this section, the Teachers’
Pension System and the Teachers’ Retirement System shall be considered together as one
State system.
(b) (1) For fiscal year 2026, each county government shall pay to the Board of
Trustees on or before January 1, 2026, the amount specified for that county government
under § 21–304(b)(6) of this subtitle.
(2) Beginning in fiscal year 2027, each county government shall pay to the
Board of Trustees on or before each September 1 the amount specified for that county
government under § 21–304(b)(6) of this subtitle.
(c) (1) The Secretary of the Board of Trustees may allow a grace period not to
exceed 10 calendar days for payment of the amounts certified under this section.
(2) If a county government does not pay the amounts required under this
section within the time required, on notification by the Secretary of the Board of Trustees
that a delinquency exists, the State Comptroller immediately shall:
(i) exercise the right of setoff against any money due or coming due
to the delinquent county government; and
(ii) pay to the Board of Trustees the delinquent amounts, including
interest ON THE DELINQUENT AMOUNTS AT A RATE OF 7.75% A YEAR, withheld in
accordance with this paragraph.
(d) On receipt of the payments from each county government or the State
Comptroller, the Board of Trustees shall credit the amounts received to the accumulation
funds of the Teachers’ Pension System and the Teachers’ Retirement System.
23–204.
(a) (1) Membership in the Employees’ Pension System is optional for an
individual who is:
(i) an official, elected or appointed for a fixed term;
(ii) an employee of the Governor’s office;
(iii) an employee of the Senate or House of Delegates;
(iv) a member of the Prince George’s County Board of License
Commissioners;
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Ch. 291 2026 LAWS OF MARYLAND
(v) an employee of Dorchester County who is not and has not
previously been a member of the county’s general pension and retirement program or any
other plan sponsored by Dorchester County; or
(vi) except as provided in subsection (g) of this section, an employee
of a participating governmental unit who is employed by the participating governmental
unit before the effective date of participation and who remains an employee of the
participating governmental unit through the effective date of participation.
(2) An individual described under paragraph (1)(i) through (v) of this
subsection who elects to join the Employees’ Pension System shall make the election at
commencement of employment by filing a written application with the Board of Trustees
on a form that the Board of Trustees provides.
(3) An individual described under paragraph (1)(vi) of this subsection who
elects to join the Employees’ Pension System shall make the election prior to the effective
date of participation by filing a written application with the Board of Trustees on a form
that the Board of Trustees provides.
(4) An election to join the Employees’ Pension System under this
subsection is a one–time, irrevocable election.
(5) (I) THIS PARAGRAPH APPLIES TO AN INDIVIDUAL DESCRIBED
UNDER PARAGRAPH (1)(I) THROUGH (V) OF THIS SUBSECTION.
(II) If an election to join the Employees’ Pension System is not
received by the Board of Trustees within the period of time described in paragraph (2) or
(3) of this subsection, the individual may not elect to join the Employees’ Pension System
while employed in that position.
(6) (I) THIS PARAGRAPH APPLIES TO AN INDIVIDUAL DESCRIBED
UNDER PARAGRAPH (1)(VI) OF THIS SUBSECTION.
(II) IF AN ELECTION TO JOIN THE EMPLOYEES’ PENSION
SYSTEM IS NOT RECEIVED BY THE BOARD OF TRUSTEES WITHIN THE PERIOD OF
TIME DESCRIBED IN PARAGRAPH (3) OF THIS SUBSECTION, THE INDIVIDUAL IS
DEEMED TO HAVE ELECTED TO PARTICIPATE IN THE EMPLOYEES’ PENSION SYSTEM
WHILE EMPLOYED IN THAT POSITION.
[(6)] (7) The Board of Trustees shall adopt regulations to implement this
subsection.
29–304.
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WES MOORE, Governor Ch. 291
An individual shall have immediate vesting rights on taking office in the State system
in which the individual is a member if the individual is the:
[(19) Special Secretary of the Office of Small, Minority, and Women Business
Affairs;]
[(20)] (19) Special Secretary of the Governor’s Office for Children;
[(21)] (20) State Archivist;
[(22)] (21) State Prosecutor of the State Prosecutor’s Office; or
[(23)] (22) State Superintendent of Schools.
31–101.
(a) In this subtitle the following words have the meanings indicated.
(d) “Eligible governmental unit” means a governmental unit that is eligible to
participate in the employees’ systems under § 31–102 of this subtitle.
(e) (1) “Employee” means a regular employee of an eligible governmental unit.
(2) “Employee” includes an officer of an eligible governmental unit.
(3) “Employee” does not include a contractual, emergency, or temporary
extra employee.
31–102.
Subject to § 22–202(b) of this article and § 31–109 of this subtitle, the governmental
units that are eligible to participate in the employees’ systems are:
(1) a political subdivision of the State, including:
(i) a county;
(ii) a municipal corporation; and
(iii) a special taxing area; and
(2) the following governmental units:
(i) an agency on aging, as designated by the legislative body of the
agency on aging;
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Ch. 291 2026 LAWS OF MARYLAND
(ii) the Allegany County Transit Authority;
(iii) subject to § 31–104 of this subtitle, the Baltimore Metropolitan
Council;
(iv) a board or commission created by an Act of the General Assembly
for public purpose and not for the profit of a private person;
(v) subject to § 31–105 of this subtitle, the Canal Place Preservation
and Development Authority;
(vi) the Chesapeake Bay Commission;
(vii) a cooperative library commission;
(viii) subject to § 31–103 of this subtitle, a community action agency,
as designated by the legislative body of the community action agency;
(ix) a fire department that receives any of its funds from or through
a county, municipal corporation, special taxing area, or other political subdivision of the
State;
(x) the Health Planning Council of Appalachia;
(xi) the Howard County Economic Development Authority;
(xii) the Interstate Commission on the Potomac River Basin;
(xiii) the Lower Shore Private Industry Council, Inc.;
(xiv) the Maryland Environmental Service;
(xv) subject to § 31–106 of this subtitle, the Maryland Stadium
Authority;
(xvi) a public library association or organization;
(xvii) subject to § 31–106.2 of this subtitle, the St. Mary’s Nursing
Center, Inc.;
(xviii) the Tri–County Council for Western Maryland, Inc.;
(xix) the Tri–County Council for Southern Maryland;
(xx) subject to § 31–107 of this subtitle, the University of Maryland
Medical System Corporation;
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WES MOORE, Governor Ch. 291
(xxi) the Upper Potomac River Commission;
(xxii) subject to § 31–106.1 of this subtitle, the Maryland African
American Museum Corporation;
(xxiii) the Garrett County Office for Children, Youth and Families;
(xxiv) the Somerset County Economic Development Commission; and
(xxv) the Dorchester County Sanitary Commission.
31–109.
(a) Subject to subsection (b) of this section, the legislative body of an eligible
governmental unit may approve participation by its employees in the Employees’ Pension
System if:
(1) the legislative body adopts a resolution in the form prescribed by the
Board of Trustees; and
(2) the eligible governmental unit operates a local plan, only if:
(i) at least 60% of the members of the local plan petition to become
members of the Employees’ Pension System;
(ii) the eligible governmental unit satisfies the requirements in
subsection (b) of this section; and
(iii) the legislative body approves participation of the eligible
governmental unit in the Employees’ Pension System as though the local plan were not in
operation.
(b) An eligible governmental unit that operates a local plan may approve
participation by its employees in the Employees’ Pension System only if:
(1) the local plan of the eligible governmental unit requires member
contributions at the same rate as the member contribution rate that would be applicable to
employees of the eligible governmental unit in the Employees’ Pension System; or
(2) the eligible governmental unit:
(i) does not provide for the employer pickup of member
contributions to the local plan within the meaning of § 414(h)(2) of the Internal Revenue
Code; and
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Ch. 291 2026 LAWS OF MARYLAND
(ii) certifies that it will not become an approved employer under §
21–313 of this article on or after the effective date of participation.
(c) (1) If an eligible governmental unit does not satisfy the requirements
under subsection (b) of this section, the eligible governmental unit may submit a request to
the Board of Trustees to participate in the Employees’ Pension System.
(2) The Board of Trustees shall consider a request made under paragraph
(1) of this subsection and determine whether any legislation is necessary to allow the
eligible governmental unit to participate in the Employees’ Pension System.
(3) The Board of Trustees shall make recommendations to the Joint
Committee on Pensions regarding any legislation that it determines is necessary to allow
the eligible governmental unit to participate in the Employees’ Pension System.
(D) AN ELIGIBLE GOVERNMENTAL UNIT THAT SATISFIES THE
REQUIREMENTS UNDER SUBSECTION (B) OF THIS SECTION IS ELIGIBLE TO
PARTICIPATE IN THE EMPLOYEES’ PENSION SYSTEM ONLY IF THE ELIGIBLE
GOVERNMENTAL UNIT MAKES ENROLLMENT AVAILABLE TO ALL ELIGIBLE
EMPLOYEES OF THE ELIGIBLE GOVERNMENTAL UNIT PARTICIPATE IN THE
EMPLOYEES’ PENSION SYSTEM.
31–109.1.
(a) Except as provided in subsection (b) of this section, the effective date of
participation for an eligible governmental unit is July 1 of the year following the fiscal year
in which the eligible governmental unit elects to participate in the Employees’ Pension
System.
(b) (1) If an eligible governmental unit does not provide the Board of Trustees
with the necessary documentation to join the Employees’ Pension System on or before the
effective date for the eligible governmental unit, the effective date shall be postponed until
July 1 of the second year following the fiscal year in which the eligible governmental unit
elects to participate in the Employees’ Pension System.
(2) (I) AN ELIGIBLE GOVERNMENTAL UNIT SHALL CERTIFY TO THE
STATE RETIREMENT AGENCY THAT THE ELIGIBLE GOVERNMENTAL UNIT PROVIDED
EACH OF ITS EMPLOYEES WHO ARE ELIGIBLE TO ELECT OPTIONAL MEMBERSHIP IN
THE EMPLOYEES’ PENSION SYSTEM WITH THE NECESSARY DOCUMENTATION
REQUIRED BY THE STATE RETIREMENT AGENCY TO MAKE THAT ELECTION.
(II) FOR ANY EMPLOYEE OF AN ELIGIBLE GOVERNMENTAL UNIT
WHO IS ELIGIBLE FOR OPTIONAL MEMBERSHIP TO ELECT TO PARTICIPATE IN THE
EMPLOYEES’ PENSION SYSTEM, THE NECESSARY DOCUMENTATION UNDER
SUBPARAGRAPH (I) OF THIS PARAGRAPH PARAGRAPH (1) OF THIS SUBSECTION
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WES MOORE, Governor Ch. 291
SHALL INCLUDE PROPERLY COMPLETED ELECTION FORMS INDICATING EITHER
THAT:
1. (I) THE EMPLOYEE INTENDS TO PARTICIPATE IN THE
EMPLOYEES’ PENSION SYSTEM; OR
2. (II) THE EMPLOYEE INTENDS TO OPT OUT OF
PARTICIPATION IN THE EMPLOYEES’ PENSION SYSTEM.
(3) (I) AN EMPLOYEE THAT DOES NOT COMPLETE THE NECESSARY
DOCUMENTATION INDICATING WHETHER THE EMPLOYEE INTENDS TO PARTICIPATE
IN OR OPT OUT OF PARTICIPATION IN THE EMPLOYEES’ PENSION SYSTEM IS
DEEMED TO HAVE ELECTED TO PARTICIPATE IN THE EMPLOYEES’ PENSION
SYSTEM.
(II) THE APPOINTING AUTHORITY FOR THE EMPLOYEE OF THE
ELIGIBLE GOVERNMENTAL UNIT THAT DOES NOT COMPLETE THE NECESSARY
DOCUMENTATION INDICATING WHETHER THE EMPLOYEE INTENDS TO PARTICIPATE
IN OR OPT OUT OF PARTICIPATION IN THE EMPLOYEES’ PENSION SYSTEM SHALL
EXECUTE AND SUBMIT AN AFFIDAVIT TO THE STATE RETIREMENT AGENCY
STATING:
1. THE NAME OF THE EMPLOYEE WHO DID NOT SUBMIT
THE NECESSARY DOCUMENTATION; AND
2. THE DATE WHEN THE APPOINTING AUTHORITY
PROVIDED THE EMPLOYEE WITH THE ELECTION FORM TO BE COMPLETED.
(III) AN AFFIDAVIT UNDER THIS PARAGRAPH IS NECESSARY
DOCUMENTATION THAT AN ELIGIBLE GOVERNMENTAL UNIT IS REQUIRED TO
SUBMIT UNDER THIS SUBSECTION TO JOIN THE EMPLOYEES’ PENSION SYSTEM.
31–111.
(a) Except as provided in subsection (b) of this section and §§ 31–111.1, 31–111.3,
31–111.4, 31–111.5, 31–111.6, 31–111.7, and 31–111.8 of this subtitle, if an employee of a
participating governmental unit joins the Employees’ Pension System on the effective date,
the employee [is entitled to] SHALL RECEIVE 100% service credit for THE EMPLOYEE’S
employment with the participating governmental unit before the effective date.
(b) If an employee of the Baltimore Metropolitan Council elects to become a
member of the Employees’ Retirement System or the Employees’ Pension System, the
employee may not receive credit for service from July 1, 1992, to the effective date unless
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Ch. 291 2026 LAWS OF MARYLAND
the employee pays to the Board of Trustees the amount of the member contributions the
employee would have made during that period, plus regular interest.
31–2A–01.
(a) In this subtitle the following words have the meanings indicated.
(c) “Eligible governmental unit” means a governmental unit that is eligible to
participate in the Law Enforcement Officers’ Pension System under § 31–2A–02 of this
subtitle.
31–2A–02.
Subject to § 31–2A–03 of this subtitle, the governmental units that are eligible to
participate in the Law Enforcement Officers’ Pension System are:
(1) counties; and
(2) municipal corporations.
31–2A–03.
(a) Subject to subsection (b) of this section, the legislative body of an eligible
governmental unit may approve participation by its law enforcement officers, firefighters,
or emergency medical technicians in the Law Enforcement Officers’ Pension System if:
(1) the legislative body adopts a resolution in the form prescribed by the
Board of Trustees; and
(2) the eligible governmental unit participates in a State system or
operates a local plan, only if:
(i) at least 60% of the law enforcement officers, firefighters, or
emergency medical technicians of the eligible governmental unit petition to become
members of the Law Enforcement Officers’ Pension System;
(ii) the eligible governmental unit satisfies the requirements in
subsection (b) of this section; and
(iii) the legislative body approves participation of its law enforcement
officers, firefighters, or emergency medical technicians in lieu of participation in the State
system or local plan.
(b) An eligible governmental unit that operates a local plan or participates in a
State system may approve participation of its law enforcement officers, firefighters, or
emergency medical technicians in the Law Enforcement Officers’ Pension System only if:
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WES MOORE, Governor Ch. 291
(1) the State system or local plan of the eligible governmental unit requires
member contributions at the same rate as the member contribution rate that would be
applicable to the law enforcement officers, firefighters, or emergency medical technicians
of the eligible governmental unit in the Law Enforcement Officers’ Pension System; or
(2) the eligible governmental unit:
(i) does not provide for the employer pickup of member
contributions to the State system or local plan within the meaning of § 414(h)(2) of the
Internal Revenue Code; and
(ii) certifies that it will not become an approved employer under §
21–313 of this article on or after the effective date of participation.
(c) (1) If an eligible governmental unit does not satisfy the requirements
under subsection (b) of this section, the eligible governmental unit may submit a request to
the Board of Trustees to participate in the Law Enforcement Officers’ Pension System.
(2) The Board of Trustees shall consider a request made under paragraph
(1) of this subsection and determine whether any legislation is necessary to allow the
eligible governmental unit to participate in the Law Enforcement Officers’ Pension System.
(3) The Board of Trustees shall make recommendations to the Joint
Committee on Pensions regarding any legislation that it determines is necessary to allow
the eligible governmental unit to participate in the Law Enforcement Officers’ Pension
System.
(D) AN ELIGIBLE GOVERNMENTAL UNIT THAT SATISFIES THE
REQUIREMENTS UNDER SUBSECTION (B) OF THIS SECTION IS ELIGIBLE TO
PARTICIPATE IN THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM ONLY IF
THE ELIGIBLE GOVERNMENTAL UNIT MAKES ENROLLMENT AVAILABLE TO ALL
ELIGIBLE LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, OR EMERGENCY MEDICAL
TECHNICIANS OF THE ELIGIBLE GOVERNMENTAL UNIT PARTICIPATE IN THE LAW
ENFORCEMENT OFFICERS’ PENSION SYSTEM.
31–2A–03.1.
(a) Except as provided in subsection (b) of this section, the effective date of
participation for an eligible governmental unit is July 1 of the year following the fiscal year
in which the eligible governmental unit elects to participate in the Law Enforcement
Officers’ Pension System.
(b) (1) If an eligible governmental unit does not provide the Board of Trustees
with the necessary documentation to join the Law Enforcement Officers’ Pension System
on or before the effective date for the eligible governmental unit, the effective date shall be
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Ch. 291 2026 LAWS OF MARYLAND
postponed until July 1 of the second year following the fiscal year in which the eligible
governmental unit elects to participate in the Law Enforcement Officers’ Pension System.
(2) (I) AN ELIGIBLE GOVERNMENTAL UNIT SHALL CERTIFY TO THE
STATE RETIREMENT AGENCY THAT THE ELIGIBLE GOVERNMENTAL UNIT PROVIDED
EACH OF ITS EMPLOYEES WHO ARE ELIGIBLE TO ELECT OPTIONAL MEMBERSHIP IN
THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM WITH THE NECESSARY
DOCUMENTATION REQUIRED BY THE STATE RETIREMENT AGENCY TO MAKE THAT
ELECTION.
(II) FOR ANY EMPLOYEE OF AN ELIGIBLE GOVERNMENTAL UNIT
WHO IS ELIGIBLE FOR OPTIONAL MEMBERSHIP TO ELECT TO PARTICIPATE IN THE
LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM, THE NECESSARY
DOCUMENTATION UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH PARAGRAPH (1)
OF THIS SUBSECTION SHALL INCLUDE PROPERLY COMPLETED ELECTION FORMS
INDICATING EITHER THAT:
1. (I) THE EMPLOYEE INTENDS TO PARTICIPATE IN THE
LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM; OR
2. (II) THE EMPLOYEE INTENDS TO OPT OUT OF
PARTICIPATION IN THE LAW ENFORCEMENT OFFICERS’ PENSION SYSTEM.
(3) (I) AN EMPLOYEE THAT DOES NOT COMPLETE THE NECESSARY
DOCUMENTATION INDICATING WHETHER THE EMPLOYEE INTENDS TO PARTICIPATE
IN OR OPT OUT OF PARTICIPATION IN THE LAW ENFORCEMENT OFFICERS’ PENSION
SYSTEM IS DEEMED TO HAVE ELECTED TO PARTICIPATE IN THE LAW ENFORCEMENT
OFFICERS’ PENSION SYSTEM.
(II) THE APPOINTING AUTHORITY FOR THE EMPLOYEE OF THE
ELIGIBLE GOVERNMENTAL UNIT THAT DOES NOT COMPLETE THE NECESSARY
DOCUMENTATION INDICATING WHETHER THE EMPLOYEE INTENDS TO PARTICIPATE
IN OR OPT OUT OF PARTICIPATION IN THE LAW ENFORCEMENT OFFICERS’ PENSION
SYSTEM SHALL EXECUTE AND SUBMIT AN AFFIDAVIT TO THE STATE RETIREMENT
AGENCY STATING:
1. THE NAME OF THE EMPLOYEE WHO DID NOT SUBMIT
THE NECESSARY DOCUMENTATION; AND
2. THE DATE WHEN THE APPOINTING AUTHORITY
PROVIDED THE EMPLOYEE WITH THE ELECTION FORM TO BE COMPLETED.
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WES MOORE, Governor Ch. 291
(III) AN AFFIDAVIT UNDER THIS PARAGRAPH IS NECESSARY
DOCUMENTATION THAT AN ELIGIBLE GOVERNMENTAL UNIT IS REQUIRED TO
SUBMIT UNDER THIS SUBSECTION TO JOIN THE LAW ENFORCEMENT OFFICERS’
PENSION SYSTEM.
31–2A–04.
If a law enforcement officer, firefighter, emergency medical technician, or paramedic
joins the Law Enforcement Officers’ Pension System on the effective date, the member [is
entitled to] SHALL RECEIVE 100% SERVICE credit for THE MEMBER’S employment with
the participating governmental unit before the effective date.
31–2B–01.
(a) In this subtitle the following words have the meanings indicated.
(c) “Eligible governmental unit” means a governmental unit that is eligible to
participate in the Correctional Officers’ Retirement System under § 31–2B–02 of this
subtitle.
31–2B–02.
Subject to § 31–2B–03 of this subtitle, the governmental units that are eligible to
participate in the Correctional Officers’ Retirement System are:
(1) counties; and
(2) municipal corporations.
31–2B–03.
(a) Subject to subsection (b) of this section, the legislative body of an eligible
governmental unit may approve participation by its local detention center officers in the
Correctional Officers’ Retirement System if:
(1) the legislative body adopts a resolution in the form prescribed by the
Board of Trustees; and
(2) the eligible governmental unit participates in a State system or
operates a local plan for its local detention center officers, only if:
(i) at least 60% of the local detention center officers of the eligible
governmental unit petition to become members of the Correctional Officers’ Retirement
System;
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Ch. 291 2026 LAWS OF MARYLAND
(ii) the eligible governmental unit satisfies the requirements in
subsection (b) of this section; and
(iii) the legislative body approves participation of its local detention
center officers in lieu of participation in the State system or local plan.
(b) An eligible governmental unit that operates a local plan or participates in a
State system may approve participation of its local detention center officers in the
Correctional Officers’ Retirement System only if:
(1) the State system or local plan of the eligible governmental unit requires
member contributions at the same rate as the member contribution rate that would be
applicable to the local detention center officers of the eligible governmental unit in the
Correctional Officers’ Retirement System; or
(2) the eligible governmental unit:
(i) does not provide for the employer pickup of member
contributions to the State system or local plan within the meaning of § 414(h)(2) of the
Internal Revenue Code; and
(ii) certifies that it will not become an approved employer under §
21–313 of this article on or after the effective date of participation.
(c) (1) If an eligible governmental unit does not satisfy the requirements
under subsection (b) of this section, the eligible governmental unit may submit a request to
the Board of Trustees to participate in the Correctional Officers’ Retirement System.
(2) The Board of Trustees shall consider a request made under paragraph
(1) of this subsection and determine whether any legislation is necessary to allow the
eligible governmental unit to participate in the Correctional Officers’ Retirement System.
(3) The Board of Trustees shall make recommendations to the Joint
Committee on Pensions regarding any legislation that it determines is necessary to allow
the eligible governmental unit to participate in the Correctional Officers’ Retirement
System.
(D) AN ELIGIBLE GOVERNMENTAL UNIT THAT SATISFIES THE
REQUIREMENTS UNDER SUBSECTION (B) OF THIS SECTION IS ELIGIBLE TO
PARTICIPATE IN THE CORRECTIONAL OFFICERS’ RETIREMENT SYSTEM ONLY IF
THE ELIGIBLE GOVERNMENTAL UNIT MAKES ENROLLMENT AVAILABLE TO ALL
ELIGIBLE LOCAL DETENTION CENTER OFFICERS OF THE ELIGIBLE GOVERNMENTAL
UNIT PARTICIPATE IN THE CORRECTIONAL OFFICERS’ RETIREMENT SYSTEM.
31–2B–03.1.
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WES MOORE, Governor Ch. 291
(a) Except as provided in subsection (b) of this section, the effective date of
participation for an eligible governmental unit is July 1 of the year following the fiscal year
in which the eligible governmental unit elects to participate in the Correctional Officers’
Retirement System.
(b) (1) If an eligible governmental unit does not provide the Board of Trustees
with the necessary documentation to join the Correctional Officers’ Retirement System on
or before the effective date for the eligible governmental unit, the effective date shall be
postponed until July 1 of the second year following the fiscal year in which the eligible
governmental unit elects to participate in the Correctional Officers’ Retirement System.
(2) (I) AN ELIGIBLE GOVERNMENTAL UNIT SHALL CERTIFY TO THE
STATE RETIREMENT AGENCY THAT THE ELIGIBLE GOVERNMENTAL UNIT PROVIDED
EACH OF ITS EMPLOYEES WHO ARE ELIGIBLE TO ELECT OPTIONAL MEMBERSHIP IN
THE CORRECTIONAL OFFICERS’ RETIREMENT SYSTEM WITH THE NECESSARY
DOCUMENTATION REQUIRED BY THE STATE RETIREMENT AGENCY TO MAKE THAT
ELECTION.
(II) FOR ANY EMPLOYEE OF AN ELIGIBLE GOVERNMENTAL UNIT
WHO IS ELIGIBLE FOR OPTIONAL MEMBERSHIP TO ELECT TO PARTICIPATE IN THE
CORRECTIONAL OFFICERS’ RETIREMENT SYSTEM, THE NECESSARY
DOCUMENTATION UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH PARAGRAPH (1)
OF THIS SUBSECTION SHALL INCLUDE PROPERLY COMPLETED ELECTION FORMS
INDICATING EITHER THAT:
1. (I) THE EMPLOYEE INTENDS TO PARTICIPATE IN THE
CORRECTIONAL OFFICERS’ RETIREMENT SYSTEM; OR
2. (II) THE EMPLOYEE INTENDS TO OPT OUT OF
PARTICIPATION IN THE CORRECTIONAL OFFICERS’ RETIREMENT SYSTEM.
(3) (I) AN EMPLOYEE THAT DOES NOT COMPLETE THE NECESSARY
DOCUMENTATION INDICATING WHETHER THE EMPLOYEE INTENDS TO PARTICIPATE
IN OR OPT OUT OF PARTICIPATION IN THE CORRECTIONAL OFFICERS’ RETIREMENT
SYSTEM IS DEEMED TO HAVE ELECTED TO PARTICIPATE IN THE CORRECTIONAL
OFFICERS’ RETIREMENT SYSTEM.
(II) THE APPOINTING AUTHORITY FOR THE EMPLOYEE OF THE
ELIGIBLE GOVERNMENTAL UNIT THAT DOES NOT COMPLETE THE NECESSARY
DOCUMENTATION INDICATING WHETHER THE EMPLOYEE INTENDS TO PARTICIPATE
IN OR OPT OUT OF PARTICIPATION IN THE CORRECTIONAL OFFICERS’ RETIREMENT
SYSTEM SHALL EXECUTE AND SUBMIT AN AFFIDAVIT TO THE STATE RETIREMENT
AGENCY STATING:
– 15 –
Ch. 291 2026 LAWS OF MARYLAND
1. THE NAME OF THE EMPLOYEE WHO DID NOT SUBMIT
THE NECESSARY DOCUMENTATION; AND
2. THE DATE WHEN THE APPOINTING AUTHORITY
PROVIDED THE EMPLOYEE WITH THE ELECTION FORM TO BE COMPLETED.
(III) AN AFFIDAVIT UNDER THIS PARAGRAPH IS NECESSARY
DOCUMENTATION THAT AN ELIGIBLE GOVERNMENTAL UNIT IS REQUIRED TO
SUBMIT UNDER THIS SUBSECTION TO JOIN THE CORRECTIONAL OFFICERS’
RETIREMENT SYSTEM.
31–2B–04.
If a local detention center officer joins the Correctional Officers’ Retirement System
on the effective date, the member [is entitled to] SHALL RECEIVE 100% SERVICE credit
for THE MEMBER’S employment with the participating governmental unit before the
effective date.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June
1, 2026.
Approved by the Governor, April 28, 2026.
– 16 –Every fact on this page links to its source, starting with the official bill record.