2013 Maryland Code
STATE PERSONNEL AND PENSIONS
§ 26-203 - Continuation of membership

§26-203.

Membership continues for a member who is:

(1) on leave of absence approved by the Board of Trustees; or

(2) in military service within the periods specified in Title 38 of this article.

§ 26-203 - 1. Transfer of employer contributions; local pension fund transfers

(a) In general. -- For members who transfer from the Employees' Pension System or the Employees' Retirement System, the Board of Trustees shall transfer to the accumulation fund of the Law Enforcement Officers' Pension System the employer contributions that were made to the Employees' Retirement System and the Employees' Pension System on behalf of those members who transferred, plus the interest earned on those contributions through the date of transfer.

(b) BWI Airport Fire & Rescue employees; Law Enforcement Officers' Pension System; fund transfers. -- For those full-time employees of the BWI Airport Fire & Rescue Department who were employed on or after October 1, 1993 and who elect membership in the Law Enforcement Officers' Pension System on or before December 31, 2000, the Board of Trustees shall transfer to the accumulation fund of the Law Enforcement Officers' Pension System the employer contributions made to the Employees' Retirement System and the Employees' Pension System on behalf of those transferring members, plus the interest earned on those contributions through the date of transfer.

(c) Local pension fund transfers. --

(1) For members who transfer from a local pension system, the local pension system shall transfer to the Board of Trustees the employer contributions that were made to the local pension system on behalf of those members who transferred, plus the interest earned on those contributions through the date of transfer.

(2) The Board of Trustees shall deposit any funds transferred under paragraph (1) of this subsection in the accumulation fund of the Law Enforcement Officers' Pension System.

(d) Maryland Transit Administration Pension System. --

(1) On or before January 1, 2006, for members who transfer from the Maryland Transit Administration Pension System established under § 7-603 of the Transportation Article, the Maryland Transit Administration shall transfer to the Board of Trustees the employer contributions made to the pension system established under § 7-603 of the Transportation Article on behalf of those members who transfer, plus the interest earned on those contributions through July 1, 2005.

(2) The Board of Trustees shall deposit any funds transferred under paragraph (1) of this subsection in the Accumulation Fund of the Law Enforcement Officers' Pension System.

(e) Department of Public Safety and Correctional Services Internal Investigative Unit. --

(1) This subsection applies to members of the Department of Public Safety and Correctional Services Internal Investigative Unit who:

(i) have the powers granted to a police officer under § 10-701 of the Correctional Services Article; and

(ii) transfer to the Law Enforcement Officers' Pension System on or before December 31, 2007.

(2) The Board of Trustees shall transfer to the accumulation fund of the Law Enforcement Officers' Pension System the employer contributions made to the Correctional Officers' Retirement System or the Employees' Pension System on behalf of those members under paragraph (1) of this subsection, plus the interest earned on those contributions through the date of transfer.

§ 26-203 - 2. Maryland Transit Administration Police Force

(a) Applicability of section. -- This section applies to a member of the Maryland Transit Administration Police Force who:

(1) has the powers granted to a police officer under § 7-207 of the Transportation Article; and

(2) who transfers to the Law Enforcement Officers' Pension System on or before December 31, 2005.

(b) Calculations, information and documentation. -- Before the transfer of a member to the Law Enforcement Officers' Pension System, The Maryland Transit Administration shall perform all calculations and compile all necessary information and documentation as directed or required by the State Retirement and Pension System for the transfer of each individual account.

(c) Election to pay member contribution. --

(1) At least 60 days before transferring to the Law Enforcement Officers' Pension System, a member of the Maryland Transit Administration Police Force may elect to pay all or a portion of the member contribution that would have been paid by a member of the Law Enforcement Officers' Pension System for the period of time the member of the Maryland Transit Administration Police Force was employed with the Maryland Transit Administration from July 1, 2000 through December 31, 2005.

(2) A member who elects to pay all or a portion of the member contributions under paragraph (1) of this subsection, shall pay the Maryland Transit Administration in accordance with subsection (e)(1) of this section.

(3) The member shall complete and file with the Maryland Transit Administration a form stating the member's intent to pay all or a portion of the member contributions under this subsection.

(4) The Maryland Transit Administration shall coordinate and manage the member's election to pay all or a portion of the member contributions under this subsection.

(d) Election not to pay member contribution under subsection (c). -- If a member elects not to pay all or a portion of the member contributions as provided in subsection (c) of this section:

(1) the Maryland Transit Administration may not pay any amount of member contributions due for prior service credit for that member to the Board of Trustees; and

(2) on retirement from the Law Enforcement Officers' Pension System, the member's retirement allowance shall be reduced by the actuarial equivalent of the member contributions that would have been deducted if the member had earned the service credit under the Law Enforcement Officers' Pension System, including interest on those contributions.

(e) Election to pay member contribution per subsection (d). --

(1) If a member elects to pay for all or a portion of the member contributions as provided in subsection (d) of this section, the member shall pay the Maryland Transit Administration 4% of the member's Maryland Transit Administration annual salary on February 23, 2005, multiplied by 50% of the member's number of years of service, including partial years, from July 1, 2000 through July 1, 2005.

(2) Payments made under this subsection shall begin the first pay period of 2006 and continue until the total amount owed by the member is paid.

(3) The Maryland Transit Administration shall administer and manage the payments as follows:

(i) the member shall pay to the Maryland Transit Administration, through payroll deductions, the sum of $ 30 per week until the amount as calculated by the Maryland Transit Administration is paid;

(ii) the member shall pay the Maryland Transit Administration any remaining balance due at the time of separation from service with the Maryland Transit Administration; and

(iii) any amount remaining to be paid by a member who dies while still employed by the Maryland Transit Administration shall be forgiven by the Maryland Transit Administration.

(4) For a member who elects to pay a portion of the member contributions under this section, the State Retirement and Pension System shall bill the Maryland Transit Administration, and the Maryland Transit Administration shall pay, the entire amount of member contributions due for the period of July 1, 2000 through July 1, 2005, including interest, no later than January 1, 2006, as specified by the State Retirement and Pension System.

(f) Set-off. --

(1) If a member participated in the Maryland Transit Administration's Supplemental Pension Plan in addition to the Maryland Transit Administration's Pension System, the member's retirement allowance shall be reduced by the set-off amount that was fixed upon termination of the supplemental pension plan in December 2003.

(2) The Maryland Transit Administration shall provide the names and set-off amounts for all members to the State Retirement and Pension System at the time of retirement.

§ 26-203 - 3. Department of Public Safety and Correctional Services Internal Investigative Unit

(a) Applicability of section. -- This section applies to members of the Department of Public Safety and Correctional Services Internal Investigative Unit who:

(1) have the powers granted to a police officer under § 10-701 of the Correctional Services Article; and

(2) transfer to the Law Enforcement Officers' Pension System on or before December 31, 2007.

(b) Deposit of contributions. -- A member shall deposit in the annuity savings fund of the Law Enforcement Officers' Pension System contributions at the rate of 4% of the individual's earnable compensation after July 1, 2000, including regular interest on the contributions at the rate of 5% per year compounded annually.