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WES MOORE, Governor Ch. 306
Chapter 306
(Senate Bill 647)
AN ACT concerning
Law Enforcement Officers’ Pension System and State Police Retirement
System – Line–of–Duty Catastrophic Injury Disability
FOR the purpose of requiring a certain line–of–duty disability allowance to be paid to a
member of the Law Enforcement Officers’ Pension System or the State Police
Retirement System who is found to be disabled and unable to engage in any
substantial gainful activity; and generally relating to line–of–duty disability
allowances provided in the State Retirement and Pension System.
BY repealing and reenacting, without amendments,
Article – State Personnel and Pensions
Section 24–401.1(a) and 26–401.1(a)
Annotated Code of Maryland
(2024 Replacement Volume and 2025 Supplement)
BY repealing and reenacting, with amendments,
Article – State Personnel and Pensions
Section 24–401.1(k), 26–401.1(k), 29–109(c), 29–110, and 29–111
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
24–401.1.
(a) (1) In this section the following words have the meanings indicated.
(2) “DROP” means the Deferred Retirement Option Program established
under this section.
(3) “DROP member” means a member of the State Police Retirement
System who:
(i) is eligible to participate in the DROP as provided in subsection
(c) of this section; and
this section. (ii) elects to participate in the DROP as provided in subsection (e) of
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Ch. 306 2026 LAWS OF MARYLAND
(k) (1) A DROP member is eligible to apply for a special disability retirement
allowance under § 29–111 of this article if after the DROP member commences
participation in the DROP:
[(i) the member is totally and permanently incapacitated for duty
arising out of or in the course of the actual performance of duty that occurs while
participating in DROP, and without willful negligence of the member; and
(ii) the medical board certifies that:
1. the member is totally incapacitated, either mentally or
physically, for the further performance of duty by the occurrence described under item (i)
of this paragraph;
2. the incapacity is likely to be permanent; and
3. the member should be retired.]
(I) THE MEDICAL BOARD CERTIFIES THAT:
1. THE MEMBER IS TOTALLY INCAPACITATED FOR THE
FURTHER PERFORMANCE OF DUTY;
2. THE INCAPACITY IS LIKELY TO BE PERMANENT; AND
3. THE MEMBER SHOULD BE RETIRED; AND
(II) THE MEMBER IS:
1. TOTALLY AND PERMANENTLY INCAPACITATED,
EITHER MENTALLY OR PHYSICALLY, FOR THE FURTHER PERFORMANCE OF DUTY
ARISING OUT OF AND IN THE COURSE OF THE ACTUAL PERFORMANCE OF DUTY
WITHOUT WILLFUL NEGLIGENCE BY THE MEMBER; OR
2. TOTALLY AND PERMANENTLY UNABLE TO ENGAGE IN
ANY SUBSTANTIAL GAINFUL ACTIVITY BECAUSE OF A MEDICALLY DETERMINABLE
PHYSICAL IMPAIRMENT THAT IS THE NATURAL AND PROXIMATE RESULT OF AN
ACCIDENT THAT OCCURRED IN THE ACTUAL PERFORMANCE OF DUTY AT A DEFINITE
TIME AND PLACE WITHOUT WILLFUL NEGLIGENCE BY THE MEMBER.
(2) (i) If a DROP member is granted a special disability retirement
allowance, the DROP member shall:
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WES MOORE, Governor Ch. 306
1. submit an application to the Board of Trustees, on the
form the Board of Trustees provides, to receive payment of the amount accrued in the DROP
in accordance with subsection (i) of this section;
2. execute a written waiver of any benefits to which the
DROP member may be entitled under the DROP; and
3. submit an application to retire with a special disability
retirement allowance, on the form the Board of Trustees provides, stating the effective date
of the DROP member’s retirement as a special disability retiree.
(ii) On acceptance of the application for payment and application to
retire, the Board of Trustees shall commence payment of a special disability allowance to
the DROP member as provided in § 29–111(c) of this article, except that the DROP
member’s average final compensation shall be computed as of the effective date of the
DROP member’s application for a special disability retirement allowance.
26–401.1.
(a) (1) In this section the following words have the meanings indicated.
(2) “DROP” means the Deferred Retirement Option Program established
under this section.
(3) “DROP member” means a member of the Law Enforcement Officers’
Pension System who:
(i) is eligible to participate in the DROP as provided in subsection
(c) of this section; and
(ii) elects to participate in the DROP as provided in subsection (e) of
this section.
(k) (1) A DROP member is eligible to apply for an accidental disability
retirement allowance under § 29–109 of this article if after the DROP member commences
participation in the DROP:
[(i) the member is totally and permanently incapacitated for duty
arising out of or in the course of the actual performance of duty that occurs while
participating in the DROP, and without willful negligence of the member; and
(ii) the medical board certifies that:
1. the member is totally incapacitated, either mentally or
physically, for the further performance of duty by the occurrence described under item (i)
of this paragraph;
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Ch. 306 2026 LAWS OF MARYLAND
2. the incapacity is likely to be permanent; and
3. the member should be retired.]
(I) THE MEDICAL BOARD CERTIFIES THAT:
1. THE MEMBER IS TOTALLY INCAPACITATED FOR THE
FURTHER PERFORMANCE OF DUTY;
2. THE INCAPACITY IS LIKELY TO BE PERMANENT; AND
3. THE MEMBER SHOULD BE RETIRED; AND
(II) THE MEMBER IS:
1. TOTALLY AND PERMANENTLY INCAPACITATED,
EITHER MENTALLY OR PHYSICALLY, FOR THE FURTHER PERFORMANCE OF DUTY
ARISING OUT OF AND IN THE COURSE OF THE ACTUAL PERFORMANCE OF DUTY
WITHOUT WILLFUL NEGLIGENCE BY THE MEMBER; OR
2. TOTALLY AND PERMANENTLY UNABLE TO ENGAGE IN
ANY SUBSTANTIAL GAINFUL ACTIVITY BECAUSE OF A MEDICALLY DETERMINABLE
PHYSICAL IMPAIRMENT THAT IS THE NATURAL AND PROXIMATE RESULT OF AN
ACCIDENT THAT OCCURRED IN THE ACTUAL PERFORMANCE OF DUTY AT A DEFINITE
TIME AND PLACE WITHOUT WILLFUL NEGLIGENCE BY THE MEMBER.
(2) (i) If a DROP member is granted an accidental disability retirement
allowance, the DROP member shall:
1. submit an application to the Board of Trustees, on the
form the Board of Trustees provides, to receive payment of the amount accrued in the DROP
in accordance with subsection (i) of this section;
2. execute a written waiver of any benefits to which the
DROP member may be entitled under the DROP; and
3. submit an application to retire with an accidental
disability retirement allowance, on the form the Board of Trustees provides, stating the
effective date of the DROP member’s retirement as an accidental disability retiree.
(ii) On acceptance of the application for payment and application to
retire, the Board of Trustees shall commence payment of an accidental disability allowance
to the DROP member as provided in § 29–110 of this article, except that the DROP
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WES MOORE, Governor Ch. 306
member’s average final compensation shall be computed as of the effective date of the
DROP member’s application for an accidental disability retirement allowance.
29–109.
(c) The Board of Trustees shall grant an accidental disability retirement
allowance to a member of the Law Enforcement Officers’ Pension System if:
(1) [the member is totally and permanently incapacitated for duty arising
out of or in the course of the actual performance of duty without willful negligence by the
member; and
(2)] the medical board certifies that:
(i) the member is totally incapacitated[, either mentally or
physically,] for the further performance of duty;
(ii) the incapacity is likely to be permanent; and
(iii) the member should be retired; AND
(2) THE MEMBER IS:
(I) TOTALLY AND PERMANENTLY INCAPACITATED, EITHER
MENTALLY OR PHYSICALLY, FOR THE FURTHER PERFORMANCE OF DUTY ARISING
OUT OF AND IN THE COURSE OF THE ACTUAL PERFORMANCE OF DUTY WITHOUT
WILLFUL NEGLIGENCE BY THE MEMBER; OR
(II) TOTALLY AND PERMANENTLY UNABLE TO ENGAGE IN ANY
SUBSTANTIAL GAINFUL ACTIVITY BECAUSE OF A MEDICALLY DETERMINABLE
PHYSICAL IMPAIRMENT THAT IS THE NATURAL AND PROXIMATE RESULT OF AN
ACCIDENT THAT OCCURRED IN THE ACTUAL PERFORMANCE OF DUTY AT A DEFINITE
TIME AND PLACE WITHOUT WILLFUL NEGLIGENCE BY THE MEMBER.
29–110.
(a) This section does not apply to the State Police Retirement System.
(b) Except as provided in [subsection (c)] SUBSECTIONS (C) AND (E) of this
section, an accidental disability retirement allowance equals the lesser of:
(1) the member’s average final compensation; or
(2) the sum of:
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Ch. 306 2026 LAWS OF MARYLAND
(i) an annuity that is the actuarial equivalent of the member’s
accumulated contributions at retirement; and
(ii) a pension equal to two–thirds of the member’s average final
compensation.
(c) (1) This subsection applies to a member of a State system other than the
Law Enforcement Officers’ Pension System who is at least normal retirement age.
(2) An accidental disability retirement allowance equals the greater of:
(i) a normal service retirement allowance; or
(ii) an accidental disability retirement allowance computed in
accordance with subsection (b) of this section.
(d) (1) This subsection applies only to a member of the Employees’ Pension
System who:
(i) is promoted within the Department of Corrections to a position
that no longer is eligible for membership in the Correctional Officers’ Retirement System
as provided in § 25–201 of this article;
(ii) elects not to transfer the years of creditable service the individual
accrued in the Correctional Officers’ Retirement System to the Employees’ Pension System;
and
(iii) is eligible to receive a vested allowance from the Correctional
Officers’ Retirement System.
(2) A member may receive an accidental disability retirement allowance
under this section if the member:
(i) does not elect to receive a vested allowance from the Correctional
Officers’ Retirement System; and
(ii) transfers the member’s accumulated contributions in the
Correctional Officers’ Retirement System to the Employees’ Pension System.
(E) (1) THIS SUBSECTION APPLIES ONLY TO A MEMBER OF THE LAW
ENFORCEMENT OFFICERS’ PENSION SYSTEM.
(2) THIS SUBSECTION APPLIES TO A MEMBER WHO THE MEDICAL
BOARD CERTIFIES IS DISABLED, AS DETERMINED UNDER § 29–109(C)(2)(II) OF THIS
SUBTITLE.
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WES MOORE, Governor Ch. 306
(3) AN ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE FOR AN
INDIVIDUAL CERTIFIED AS DISABLED UNDER § 29–109(C)(2)(II) OF THIS SUBTITLE
EQUALS THE SUM OF:
(I) AN ANNUITY THAT IS THE ACTUARIAL EQUIVALENT OF THE
MEMBER’S ACCUMULATED CONTRIBUTIONS AT RETIREMENT; AND
(II) A PENSION EQUAL TO 100% OF THE MEMBER’S AVERAGE
FINAL COMPENSATION.
(4) EXCEPT AS PROVIDED UNDER PARAGRAPHS (5) AND (6) OF THIS
SUBSECTION, IF A BENEFIT IS PAID TO AN INDIVIDUAL UNDER PARAGRAPH (3) OF
THIS SUBSECTION, A BENEFIT UNDER SUBSECTION (B) OF THIS SECTION MAY NOT
BE PAID TO THE INDIVIDUAL.
(5) (I) A BENEFIT PROVIDED UNDER THIS SUBSECTION SHALL BE
REDUCED TO THE BENEFIT PROVIDED UNDER SUBSECTION (B) OF THIS SECTION IF
THE INDIVIDUAL:
1. IS EMPLOYED AT ANY TIME BY A PARTICIPATING
EMPLOYER; OR
2. ENGAGES IN ANY SUBSTANTIAL GAINFUL ACTIVITY.
(II) AN INDIVIDUAL WHO HAS A BENEFIT REDUCED UNDER
SUBPARAGRAPH (I) OF THIS PARAGRAPH IS NO LONGER ELIGIBLE FOR A BENEFIT
UNDER THIS SUBSECTION.
(6) (I) EACH YEAR, AN INDIVIDUAL RECEIVING A BENEFIT UNDER
PARAGRAPH (3) OF THIS SUBSECTION SHALL PROVIDE TO THE STATE RETIREMENT
AGENCY THE INDIVIDUAL’S ANNUAL FEDERAL TAX RETURN WITH SUPPORTING
DOCUMENTATION AND ANY OTHER ADDITIONAL INFORMATION THAT THE STATE
RETIREMENT AGENCY REQUIRES FOR THE ADMINISTRATION OF THIS SUBSECTION.
(II) AN INDIVIDUAL MAY REQUEST AND THE STATE
RETIREMENT AGENCY MAY GRANT AN EXTENSION TO PROVIDE THE INFORMATION
REQUIRED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH.
(III) 1. IF AN INDIVIDUAL FAILS TO SUBMIT THE
INFORMATION REQUIRED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH WITHIN
45 DAYS AFTER IT IS DUE, THE INDIVIDUAL SHALL BE NOTIFIED THAT THE
INDIVIDUAL’S BENEFIT SHALL BE SUSPENDED.
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Ch. 306 2026 LAWS OF MARYLAND
2. IF THE INDIVIDUAL DOES NOT PROVIDE THE
INFORMATION REQUIRED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH WITHIN
45 DAYS AFTER THE STATE RETIREMENT AGENCY SENDS THE NOTICE REQUIRED
UNDER SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH, THE INDIVIDUAL’S BENEFIT
SHALL BE SUSPENDED.
3. IF THE INDIVIDUAL PROVIDES THE REQUIRED
INFORMATION AFTER THE SUSPENSION IN BENEFITS UNDER SUBSUBPARAGRAPH 2
OF THIS SUBPARAGRAPH, THE INDIVIDUAL’S BENEFIT UNDER PARAGRAPH (3) OF
THIS SUBSECTION SHALL BE RESTORED, UNLESS THE BENEFIT IS REQUIRED TO BE
REDUCED UNDER PARAGRAPH (5) OF THIS SUBSECTION.
(IV) IF AN INDIVIDUAL’S BENEFIT IS RESTORED UNDER
SUBPARAGRAPH (III) OF THIS PARAGRAPH, THE INDIVIDUAL SHALL RECEIVE A
LUMP–SUM PAYMENT IN THE AMOUNT EQUAL TO ANY BENEFITS SUSPENDED IN
ACCORDANCE WITH SUBPARAGRAPH (III) OF THIS PARAGRAPH.
(7) ON OR BEFORE NOVEMBER 1, 2028, AND EACH NOVEMBER 1
THEREAFTER, THE STATE RETIREMENT AGENCY SHALL REPORT, IN ACCORDANCE
WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE TO THE JOINT COMMITTEE
ON PENSIONS THE NUMBER OF:
(I) DISABILITY APPLICATIONS IN THE PRIOR FISCAL YEAR
SUBMITTED UNDER § 29–109(C)(2)(II) OF THIS SUBTITLE;
(II) DISABILITY APPLICATIONS GRANTED IN THE PRIOR FISCAL
YEAR UNDER § 29–109(C)(2)(II) OF THIS SUBTITLE;
(III) RETIREES RECEIVING A DISABILITY BENEFIT UNDER THIS
SUBSECTION;
(IV) BENEFITS REDUCED IN THE PRIOR FISCAL YEAR IN
ACCORDANCE WITH PARAGRAPH (5) OF THIS SUBSECTION; AND
(V) BENEFITS SUSPENDED IN THE PRIOR FISCAL YEAR IN
ACCORDANCE WITH PARAGRAPH (6) OF THIS SUBSECTION.
29–111.
(a) This section applies to the State Police Retirement System.
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WES MOORE, Governor Ch. 306
(b) Except as provided in § 24–401.1(k) of this article, the Board of Trustees shall
grant a special disability retirement allowance to a member if:
(1) [the member is totally and permanently incapacitated for duty arising
out of or in the course of the actual performance of duty without willful negligence by the
member; and
(2)] the medical board certifies that:
(i) the member is totally incapacitated[, either mentally or
physically,] for the further performance of duty;
(ii) the incapacity is likely to be permanent; and
(iii) the member should be retired; AND
(2) THE MEMBER IS:
(I) TOTALLY AND PERMANENTLY INCAPACITATED, EITHER
MENTALLY OR PHYSICALLY, FOR THE FURTHER PERFORMANCE OF DUTY ARISING
OUT OF AND IN THE COURSE OF THE ACTUAL PERFORMANCE OF DUTY WITHOUT
WILLFUL NEGLIGENCE BY THE MEMBER; OR
(II) TOTALLY AND PERMANENTLY UNABLE TO ENGAGE IN ANY
SUBSTANTIAL GAINFUL ACTIVITY BECAUSE OF A MEDICALLY DETERMINABLE
PHYSICAL IMPAIRMENT THAT IS THE NATURAL AND PROXIMATE RESULT OF AN
ACCIDENT THAT OCCURRED IN THE ACTUAL PERFORMANCE OF DUTY AT A DEFINITE
TIME AND PLACE WITHOUT WILLFUL NEGLIGENCE BY THE MEMBER.
(c) Except as provided in [subsection (d)] SUBSECTIONS (D) AND (E) of this
section, a special disability retirement allowance equals the lesser of:
(1) the member’s average final compensation; or
(2) the sum of:
(i) an annuity that is the actuarial equivalent of the member’s
accumulated contributions at retirement; and
(ii) a pension equal to two–thirds of the member’s average final
compensation.
(d) (1) (I) This subsection applies to a member who is at least normal
retirement age.
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Ch. 306 2026 LAWS OF MARYLAND
(II) THIS SUBSECTION DOES NOT APPLY TO A MEMBER WHO THE
MEDICAL BOARD CERTIFIES IS DISABLED, AS DETERMINED UNDER SUBSECTION
(B)(2)(II) OF THIS SECTION.
(2) A special disability retirement allowance equals the greater of:
(i) a normal service retirement allowance; or
(ii) a special disability retirement allowance computed in accordance
with subsection (c) of this section.
(E) (1) THIS SUBSECTION APPLIES TO A MEMBER WHO THE MEDICAL
BOARD CERTIFIES IS DISABLED, AS DETERMINED UNDER SUBSECTION (B)(2)(II) OF
THIS SECTION.
(2) A SPECIAL DISABILITY RETIREMENT ALLOWANCE FOR AN
INDIVIDUAL CERTIFIED AS DISABLED UNDER SUBSECTION (B)(2)(II) OF THIS
SECTION EQUALS THE SUM OF:
(I) AN ANNUITY THAT IS THE ACTUARIAL EQUIVALENT OF THE
MEMBER’S ACCUMULATED CONTRIBUTIONS AT RETIREMENT; AND
(II) A PENSION EQUAL TO 100% OF THE MEMBER’S AVERAGE
FINAL COMPENSATION.
(3) EXCEPT AS PROVIDED UNDER PARAGRAPHS (4) AND (5) OF THIS
SUBSECTION, IF A BENEFIT IS PAID TO AN INDIVIDUAL UNDER PARAGRAPH (2) OF
THIS SUBSECTION, A BENEFIT UNDER SUBSECTION (C) OR (D) OF THIS SECTION MAY
NOT BE PAID TO THE INDIVIDUAL.
(4) (I) A BENEFIT PROVIDED UNDER THIS SUBSECTION SHALL BE
REDUCED TO THE BENEFIT PROVIDED UNDER SUBSECTION (C) OR (D) OF THIS
SECTION IF THE INDIVIDUAL:
1. IS EMPLOYED AT ANY TIME BY A PARTICIPATING
EMPLOYER; OR
2. ENGAGES IN ANY SUBSTANTIAL GAINFUL ACTIVITY.
(II) AN INDIVIDUAL WHO HAS A BENEFIT REDUCED UNDER
SUBPARAGRAPH (I) OF THIS PARAGRAPH IS NO LONGER ELIGIBLE FOR A BENEFIT
UNDER THIS SUBSECTION.
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WES MOORE, Governor Ch. 306
(5) (I) EACH YEAR, AN INDIVIDUAL RECEIVING A BENEFIT UNDER
PARAGRAPH (2) OF THIS SUBSECTION SHALL PROVIDE TO THE STATE RETIREMENT
AGENCY THE INDIVIDUAL’S ANNUAL FEDERAL TAX RETURN WITH SUPPORTING
DOCUMENTATION AND ANY OTHER ADDITIONAL INFORMATION THAT THE STATE
RETIREMENT AGENCY REQUIRES FOR THE ADMINISTRATION OF THIS SUBSECTION.
(II) AN INDIVIDUAL MAY REQUEST AND THE STATE
RETIREMENT AGENCY MAY GRANT AN EXTENSION TO PROVIDE THE INFORMATION
REQUIRED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH.
(III) 1. IF AN INDIVIDUAL FAILS TO SUBMIT THE
INFORMATION REQUIRED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH WITHIN
45 DAYS AFTER IT IS DUE, THE INDIVIDUAL SHALL BE NOTIFIED THAT THE
INDIVIDUAL’S BENEFIT SHALL BE SUSPENDED.
2. IF THE INDIVIDUAL DOES NOT PROVIDE THE
INFORMATION REQUIRED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH WITHIN
45 DAYS AFTER THE STATE RETIREMENT AGENCY SENDS THE NOTICE REQUIRED
UNDER SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH, THE INDIVIDUAL’S BENEFIT
SHALL BE SUSPENDED.
3. IF THE INDIVIDUAL PROVIDES THE REQUIRED
INFORMATION AFTER THE SUSPENSION IN BENEFITS UNDER SUBSUBPARAGRAPH 2
OF THIS SUBPARAGRAPH, THE INDIVIDUAL’S BENEFIT UNDER PARAGRAPH (2) OF
THIS SUBSECTION SHALL BE RESTORED, UNLESS THE BENEFIT IS REQUIRED TO BE
REDUCED UNDER PARAGRAPH (4) OF THIS SUBSECTION.
(IV) IF AN INDIVIDUAL’S BENEFIT IS RESTORED UNDER
SUBPARAGRAPH (III) OF THIS PARAGRAPH, THE INDIVIDUAL SHALL RECEIVE A
LUMP–SUM PAYMENT IN THE AMOUNT EQUAL TO ANY BENEFITS SUSPENDED IN
ACCORDANCE WITH SUBPARAGRAPH (III) OF THIS PARAGRAPH.
(6) ON OR BEFORE NOVEMBER 1, 2028, AND EACH NOVEMBER 1
THEREAFTER, THE STATE RETIREMENT AGENCY SHALL REPORT, IN ACCORDANCE
WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE TO THE JOINT COMMITTEE
ON PENSIONS THE NUMBER OF:
(I) DISABILITY APPLICATIONS IN THE PRIOR FISCAL YEAR
SUBMITTED UNDER SUBSECTION (B)(2)(II) OF THIS SECTION;
(II) DISABILITY APPLICATIONS GRANTED IN THE PRIOR FISCAL
YEAR UNDER (B)(2)(II) OF THIS SECTION;
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Ch. 306 2026 LAWS OF MARYLAND
(III) RETIREES RECEIVING A DISABILITY BENEFIT UNDER THIS
SUBSECTION;
(IV) BENEFITS REDUCED IN THE PRIOR FISCAL YEAR IN
ACCORDANCE WITH PARAGRAPH (4) OF THIS SUBSECTION; AND
(V) BENEFITS SUSPENDED IN THE PRIOR FISCAL YEAR IN
ACCORDANCE WITH PARAGRAPH (5) OF THIS SUBSECTION.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to
apply only prospectively and may not be applied or interpreted to have any effect on or
application to any accident that occurred before the effective date of this Act.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2027.
Approved by the Governor, April 28, 2026.
– 12 –Every fact on this page links to its source, starting with the official bill record.