# Subtitle 2 – Elected Officials’ Retirement System

Current through 2026-07-17. Source: City of Balt., Md., Ord. 26-129. Published by the Baltimore City Department of Legislative Reference.

## § 17A Definitions.

Balt., Md., Code art. 22, § 17A (2026)

(1) “Retirement System” shall mean the Elected Officials’ Retirement System of the City of Baltimore as defined in <cite data-path="|22|§18">§ 18 of this subtitle</cite>.

(2) “Elected official” shall mean the Mayor, the Comptroller, the President of the City Council and the members of the City Council.

(3) “Member” shall mean any person included in the membership of the system as provided in <cite data-path="|22|§19">§ 19 of this subtitle</cite>.

(4) “Board of Trustees” shall mean the Board provided in <cite data-path="|22|§21">§ 21 of this subtitle</cite>, to administer the retirement system.

(5) “Service” shall mean service as an elected official as described in paragraph (2) of this section, and paid for by the City of Baltimore, while a member of the Elected Officials’ Retirement System; and any service purchased, or repurchased or transferred, by appropriate deposit or redeposit of funds, plus interest, to cover such period, or any service credited under any other section of this subtitle and under Maryland State Law, including any past service rendered as a member of the General Assembly of Maryland.

(6) “Beneficiary” shall mean any person in receipt of a pension, an annuity, a retirement allowance, or other benefit as provided by this subtitle.

(7)

  (i) “Regular interest” for the accumulation of member contributions means:

    (A) effective on or before December 31, 2016, interest at 5.25% per year, compounded annually; and

    (B) effective on or after January 1, 2017, interest at 3.0% per year, compounded annually.

  (ii) “Regular interest” for valuation purposes means:

    (A) for fiscal years beginning on or before July 1, 2015, interest at 7.25% per year, compounded annually;

    (B) for fiscal years beginning on July 1, 2016, and on July 1, 2017, interest at 7.0% per year, compounded annually; and

    (C) for fiscal years beginning on or after July 1, 2018, interest at 6.75% per year, compounded annually.

  (iii) “Regular interest” for the purposes of determining actuarial equivalents means interest at 4½% per year, compounded annually.

(8) “Accumulated contributions” means the sum of all the amounts deducted from the compensation of a member, together with regular interest as provided in paragraph (7) of this section and pursuant to the provisions of §§ 23 and 24 of this subtitle.

(9) “Annual earnable compensation” means the annual salary authorized for the highest-paying elected position held by the member.

(10) “Annuity” shall mean payments for life derived from the “accumulated contributions” of a member.

(11) “Pensions” shall mean payments for life derived from money provided by the City of Baltimore.

(12) All retirement allowances or other benefits that are calculated on an annual basis shall be payable for each month in a year.  Payments shall be made in periodic installments, as determined from time to time by the Board of Trustees, and the monthly  allowance shall be computed by dividing the annual allowance by 12.  All retirement dates shall fall on the 1<sup>st</sup> day of a month.

(13) “Retirement” shall mean withdrawal from active service with a retirement allowance or pension granted or deferred under the provisions of this subtitle.  However, the deferment of the receipt of the retirement allowance or pension must be at the option of the member and said member must not be on “continued membership”.

(14) “Retirement allowance” shall mean the sum of the “annuity” and the “pensions”.

(15) “Annuity reserve” shall mean the present value of all payments to be made on account of any annuity or benefit in lieu of any annuity computed upon the basis of such mortality tables as shall be adopted by the Board of Trustees, and regular interest.

(16) “Pension reserve” shall mean the present value of all payments to be made on account of any pension or benefit in lieu of any pension, computed upon the basis of such mortality tables as shall be adopted by the Board of Trustees, and regular interest.

(17)

(18) “Actuarial equivalent”, for purposes of determining the amount of an optional retirement benefit under this subtitle, means a benefit of equivalent value when calculated using:

  (i) regular interest for actuarial equivalent purposes; and

  (ii) mortality assumptions based on the following tables:

    (A) for retirements effective on or before June 30, 2016, the UP-84 mortality table with no set forward, except that in the case of disability retirements under this subtitle, the table is set forward 9 years; and

    (B) for retirements effective on or after July 1, 2016, the RP-2000 mortality tables for males and females set forward 2 years and projected 15 years using 50% of Scale AA and then blended 50% for males and females.

(19) “Actuary” shall mean the person or persons designated as hereinafter provided.

(20) The male pronoun shall include the female pronoun or vice versa.

(21) “Actuarial reserve” shall mean the present value of a benefit due the member, based on such interest and mortality tables as are adopted by the Board of Trustees upon advice of the actuary for the Retirement System.

(22) “Minor child” means the child of a member, former member, or retiree who has not attained age 22.

(23) “Fiscal year” shall be the 12-month period beginning on July 1 of each year and ending on June 30 of the following year, both these dates included therein, or such alternate dates as shall be mandated by law for the Mayor and City Council.

(24) “Present value” means the amount determined using:

  (i) regular interest for valuation purposes under paragraph (7)(ii) of this section; and

  (ii) mortality assumptions based on the table in effect under the definition of “actuarial equivalent” in paragraph (18) of this section.

*History: Ord. 83-1105*

*History: Ord. 91-791*

*History: Ord. 92-090*

*History: Ord. 93-249*

*History: Ord. 98-290A*

*History: Ord. 05-173*

*History: Ord. 07-422*

*History: Ord. 12-044*

*History: Ord. 16-488*

*History: Ord. 16-576*

*History: Ord. 20-459*

## § 18 Name and date operative.

Balt., Md., Code art. 22, § 18 (2026)

A Retirement System is hereby established and placed under the management of the Board of Trustees for the purpose of providing retirement allowances, pensions and other incidental benefits under the provisions of this subtitle for elected officials of the City of Baltimore who become members of this Retirement System.  It shall be known as the “Elected Officials’ Retirement System of the City of Baltimore”.  The Retirement System so created shall begin operation on the date of passage of this ordinance.  However, the benefits and provisions therein shall be applicable only to elected officials after taking the oath in December 1983, for the new term of office, and thereafter.

*History: Ord. 83-1105*

## § 19 Membership.

Balt., Md., Code art. 22, § 19 (2026)

(a)

  (1) “<em>(An)other City retirement plan defined</em>”.
In this section, “(an)other City retirement plan” means:

    (i) the Fire and Police Employees’ Retirement System of the City of Baltimore; or

    (ii) the Employees’ Retirement System of the City of Baltimore.

  (2) An elected official, upon taking the oath of office, shall automatically become a member of this System.

  (3) An elected official is entitled to purchase credit for prior service as an elected official or other prior City employment, regardless of retirement plan membership, as long as:

    (i) the provisions of the <cite data-doc="Md. Code" data-path="gsp">State Personnel and Pensions Article of the Annotated Code of Maryland</cite> governing transfers do not apply;

    (ii) the prior employment did not result in the elected official’s being entitled to any current or future benefits for that employment in another City retirement plan; and

    (iii) the elected official pays to this System, by a single payment or periodic payments over a period not to exceed the official’s remaining term of office, an amount equal to:

      (A) the annual earnable compensation of the elected official in the year of purchase, multiplied by

      (B) the sum of the employer rate for the normal cost and the member contribution rate under <cite data-path="|22|§24|(a)">§ 24(a) of this subtitle</cite> for the year of purchase, multiplied by

      (C) the number of years, or part of a year, being purchased.

  (4)

    (i) An elected official who satisfies the applicable requirements of the <cite data-doc="Md. Code" data-path="gsp">State Personnel and Pensions Article of the Annotated Code of Maryland</cite> may transfer service from a State or local retirement or pension system within Maryland, including another City retirement plan.

    (ii) The service so transferred will be credited as service under this System.

(b)

  (1) Except as provided in paragraph (2) of this subsection, an elected official may not make contributions to, receive any pension or retirement benefit from, or accrue any service credit in another City retirement plan while at the same time accruing service credit in this System.

  (2) Notwithstanding paragraph (1) of this subsection, and pursuant to <cite data-path="|22|§48">§ 48 of this article</cite>, the following may become members of this System and accrue service credit in this System while  an elected official:

    (i) members of another City retirement plan who were eligible to begin receiving retirement benefits from that other plan but who, on becoming an elected official, postponed receipt of those benefits; or

    (ii) retirees who were receiving retirement benefits form another City retirement plan but who, on becoming an elected official, suspended receipt of those benefits.

(c) An elected official who takes the oath of office within one week after the date his or her term of office is deemed to have started under <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite> (“deemed term start date”) may elect to receive service credit for the period between the deemed term start date and the date he or she took the oath of office and thus became a member of this System.  To receive the service credit, the elected official must, by the last day of the month in which he or she leaves office, make a single payment to this System.  The amount of the payment will be determined by the System’s actuary and will equal the employee contributions and City contributions that would have been made on the official’s behalf had he or she been a member of this System as of the deemed term start date.

*History: Ord. 83-1105*

*History: Ord. 91-791*

*History: Ord. 97-168*

*History: Ord. 16-576*

## § 20 Military service creditable.

Balt., Md., Code art. 22, § 20 (2026)

(a)

  (1) This subsection applies only to a member of this system who:

    (i) on account of military service, as defined in paragraph (8) of this subsection, is on unpaid leave of absence from paid City employment;

    (ii) does not withdraw any of his or her accumulated contributions, unless he or she redeposits the sum withdrawn as provided under paragraph (2) of this subsection;

    (iii) within 1 year after he or she leaves military service, or any longer period during which his or her employment rights are protected by federal law, is reemployed by the City of Baltimore as a regular and permanent employee;

    (iv) does not take any employment, other than employment described in item (iii) of this paragraph or temporary employment after the member:

      (A) applied for reemployment in his or her former classification or position in the City service; and

      (B) was refused immediate reemployment for causes beyond his or her control; and

    (v) applies for service credit with the system.

  (2)

    (i) If a member of this system who is absent from employment for military service withdraws any of his or her accumulated contributions and redeposits into the system the sum withdrawn, with regular interest at the rate for the accumulation of member constributions from the date of withdrawal to the date that the redeposit is completed, the member, if otherwise qualified, is entitled to the benefits of this section as if the withdrawal had not been made.

    (ii) The redeposit of accumulated contributions:

      (A) may be made by a single payment or an increased rate of contribution; but

      (B) must be completed before the member’s retirement date.

    (iii) The redeposit of accumulated contributions shall be credited pro rata at the time each payment is made.

  (3) Except as otherwise provided in this subsection, a member of this system who is reemployed under paragraph (1)(iii) of this subsection retains the status and rights as a member during a period of absence from employment for military service.

  (4) A member of this system shall receive service credit for a period of absence from employment while in military service if:

    (i) the reemployment of the member under paragraph (1)(iii) of this section is paid employment; and

    (ii) membership in this system is a requirement of that employment.

  (5) A member of this system who receives service credit for military service under this subsection may transfer the credit to another state or local retirement or pension system.

  (6)

    (i) Except as otherwise provided in subparagraph (ii) of this paragraph, a member of this system who is reemployed under paragraph (1)(iii) of this subsection and is otherwise qualified to retain the status and rights of a member during a period of absence from employment for military service, shall be credited with, at the City’s sole account and expense:

      (A) the contributions, if any, that the City would have made on behalf of the member if the member had not been absent; and

      (B) the contributions that the member would have made on his or her own behalf if the member had not been absent.

    (ii) On a member’s terminating City employment, the member is not entitled to withdraw any part of the contributions credited to his or her account under this paragraph, including the annuity portion attributable to City contributions made under this paragraph, except in the case of death while in City service or retirement from City service.

    (iii) The Board of Trustees shall refund to a member any contributions made to the System during a period of absence from employment for military service when the member is otherwise exempted under this paragraph from paying contributions into the system.

    (iv) On termination of a member’s employment during or after a leave of absence for military service, the member, member’s beneficiary, or member’s estate is entitled to a refund of the member’s accumulated contributions, plus interest, in lieu of any other system benefit, excluding contributions made by the City under subparagraph (i) of this paragraph.

  (7) A member of this system, the member’s beneficiary, or the member’s estate is not entitled to line-of-duty disability benefits or line-of-duty death benefits arising from the member’s death or disability during a period that the member is absent from employment for military service.

  (8)

    (i) In this subsection, “military service” means any:

      (A) “service in the uniformed services”, as defined by and interpreted under 38 U.S.C. § 4303(13); or

      (B) “military service”, as defined by and interpreted under State Personnel and Pension Article §38-101(d);

    (ii) “Military service” includes active duty, active duty for training, initial active duty for training, and inactive duty training (such as drills), under competent authority, on a voluntary or involuntary basis, in the Army, Navy, Marine Corps, Air Force, Coast Guard, Public Health Service Commissioned Corps, the Army National Guard, the Air National Guard, the Maryland National Guard, as well as the reserve components of each of these services, and any other category of persons designated by the President or the Governor of the State of Maryland in time of war or national or state emergency.

  (9) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Board of Trustees may adopt rules, resolutions, and regulations to carry out this subsection.

(b)

  (1) Notwithstanding any other provision of this subtitle, on proper application to the Retirement System, credit for military service, as defined in subsection (a) of this section, shall be granted to any member who has served in the military prior to employment with the City.

  (2) However, a member may not be awarded credit if the member has received credit for a period of military service under any other retirement system, for which retirement benefits have been or will be received by him.  This exclusion, however, does not apply to any credit provided through Federal Old-Age and Survivors Insurance (Social Security), or to any benefits provided under Title 3 or Title 10, Chapter 67, §§ 1331 through 1337 of the U.S. Code.

  (3) The military service credit provided by this subsection may not exceed 3 years.

*History: Ord. 83-1105*

*History: Ord. 86-768*

*History: Ord. 05-173*

*History: Ord. 12-044*

*History: Text Conformed 02/22/21*

## § 21 Board of Trustees.

Balt., Md., Code art. 22, § 21 (2026)

(a) The Elected Officials’ Retirement System shall be administered by the Board of Trustees of the Employees’ Retirement System:

  (1) in the same manner as is provided in <cite data-path="|22|§5">§ 5 of this article</cite>; and

  (2) subject to the same limitations as are imposed by <cite data-path="|22|§5|(b)|(5)">§ 5(b)(5) of this article</cite>.

(b) All claims shall be administered by the panel of hearing examiners in the same manner as provided in <cite data-path="|22|§9">§ 9 of this article</cite> for members of the Employees’ Retirement System.

*History: Ord. 83-1105*

*History: Ord. 86-768*

*History: Ord. 05-173*

*History: Ord. 11-566*

## § 22 Benefits.

Balt., Md., Code art. 22, § 22 (2026)

(a)

  (1)

    (i) An elected official who first became a member on or before December 5, 2016, is entitled to receive, commencing on the 1<sup>st</sup> day of the month following his or her retirement, a service retirement benefit, calculated as provided in paragraph (3)(i) of this subsection, if the member has:

      (A) at least 12 years of service and attained age 50; or

      (B) at least 16 years of service.

    (ii) An elected official who first became a member on or after December 6, 2016, is entitled to receive, commencing on the 1<sup>st</sup> day of the month following his or her retirement, a service retirement benefit, calculated as provided in paragraph (3)(i) of this subsection, if the member has at least 12 years of service and attained age 55.

  (2) Prior to receiving a service retirement benefit, a member must:

    (i) file the appropriate application with the Board of Trustees, in the form and containing the information that the Board requires; and

    (ii) specify on the form the date, which is not less than 30 days nor more than 90 days after the date of filing the application, on which the member desires his or her benefits to commence.

  (3)

    (i)

      (A) Subject to sub-subparagraph (B) of this subparagraph (i), the annual service retirement benefit of an elected official is equal to 2.5% of the member’s annual earnable compensation at retirement multiplied by his or her years of service.

      (B) For an elected official who first became a member on or after December 6, 2016, the annual service retirement benefit may not exceed 60% of the member’s annual earnable compensation at retirement.

    (ii) This benefit shall consist of:

      (A) an annuity equal to the actuarial equivalent of the member’s accumulated contributions at his or her retirement; and

      (B) a pension, equal to the annual service retirement benefit less the annuity described in sub-subparagraph (A) of this subparagraph (ii).

(b)

  (1) A member shall be retired on a non-line-of-duty disability retirement if:

    (i) the member has acquired at least 5 years of service, as determined by the Board of Trustees; and

    (ii) a hearing examiner determines that:

      (A) the member is mentally or physically incapacitated from the further performance of his or her duties as an elected official of Baltimore City;

      (B) the incapacity is likely to be permanent; and

      (C) the member does not qualify under subsection (c) of this § 22 for a line-of-duty disability retirement.

  (2) To retire under this subsection (b), a member must:

    (i) apply to the Board of Trustees, on a form approved by the Board; and

    (ii) submit the application to the Board no later than 1 year following the member’s last day of City employment.

  (3) A non-line-of-duty disability retirement under this subsection takes effect as follows:

    (i) if the member applied for disability retirement before terminating City employment, the retirement is effective as of the first day following the member’s last day of City employment; and

    (ii) if the member applied for disability retirement after terminating City employment, the retirement is effective 30 days after the date on which the Board received a completed application.

  (4) Upon being awarded a retirement benefit under this subsection (b), a member is entitled to receive an annual maximum retirement allowance equal to the greater of:

    (i) the member’s annual maximum service allowance as described in subsection (a)(3) of this section; or

    (ii) a retirement allowance totaling 25% of the member’s current annual earnable compensation.

(c)

  (1) A member shall be retired on a line-of-duty disability if a hearing examiner determines that:

    (i) the member is totally and permanently incapacitated from the further performance of his or her duties as an elected official of Baltimore City; and

    (ii) the member was injured:

      (A) as the natural and proximate result of an accident occurring while in the actual performance of duty at some definite time and place; and

      (B) without willful negligence on the part of the member.

  (2) To retire under this subsection (c), a member must:

    (i) apply to the Board of Trustees, on a form approved by the Board;

    (ii) submit the application to the Board no later than 1 year following the member’s last day of City employment.

  (3) A non-line-of-duty disability retirement under this subsection takes effect as follows:

    (i) if the member applied for disability retirement before terminating City employment, the retirement is effective as of the first day following the member’s last day of City employment; and

    (ii) if the member applied for disability retirement after terminating City employment, the retirement is effective 30 days after the date on which the Board received a completed application.

  (4) Upon being awarded a retirement benefit under this subsection (c), a member is entitled to receive a maximum retirement allowance consisting of:

    (i) an annuity equal to the actuarial equivalent of the member’s accumulated contributions at the time of retirement; plus

    (ii) a pension equaling 66.667% of the member’s current annual earnable compensation.

(d)

  (1)

    (i) An elected official who first became a member on or before December 5, 2016,  is entitled to receive, commencing on the 1<sup>st</sup> day of the month immediately following his or her 50<sup>th</sup> birthday, a deferred vested retirement benefit, if the member has:

      (A) at least 12 years of service but less than 16 years of service;

      (B) left office before attaining age 50; and

      (C) after leaving office, elected not to withdraw his or her accumulated contributions with this System.

    (ii) An elected official who first became a member on or after December 6, 2016, is entitled to receive, commencing on the 1<sup>st</sup> day of the month immediately following his or her 55<sup>th</sup> birthday, a deferred vested retirement benefit, if the member has:

      (A) at least 12 years of service;

      (B) left office before attaining age 55; and

      (C) after leaving office, elected not to withdraw his or her accumulated contributions with this System.

  (2) Prior to receiving a deferred vested retirement benefit, a member must:

    (i) file the appropriate application with the Board of Trustees, in the form and containing the information that the Board requires; and

    (ii) specify on the form the date, which is not less than 30 days nor more than 90 days after the date of filing the application, on which the member desires his or her benefits to commence.

  (3) The deferred vested retirement benefit is equal to the member’s accrued service retirement benefit, as calculated under subsection (a)(3) of this section.

  (4)

    (i) This paragraph will apply to a member who:

      (A) satisfies the requirements for a deferred vested retirement benefit under paragraph (1) of this subsection; and

      (B) dies before filing an application under paragraph (2) of this subsection.

    (ii) On the member’s death, his or her accumulated contributions, including regular interest to the date of death, will be paid:

      (A) to the member’s designated beneficiary;

      (B) if there is no designated beneficiary or if the designated beneficiary predeceases the member, to the member’s surviving spouse;

      (C) if there is no designated beneficiary and no surviving spouse, to the member’s children, in equal shares;

      (D) if there is no designated beneficiary, surviving spouse, or surviving child, to the member’s surviving parents, in equal shares; and

      (E) otherwise, to the member’s estate.

    (iii) Any beneficiary or estate receiving benefits under this paragraph (4) is not entitled to any other benefit under this section.

(e)

  (1)

    (i) Any member eligible to receive a retirement allowance under subsections (a), (b), (c) or (d) of this section is entitled to receive an annual maximum benefit without actuarial modification.

    (ii) On receipt of proper proof of death of a retired member receiving the maximum benefit, the Board of Trustees shall pay an amount equal to 40% of the retired member’s retirement allowance as of the date of the retired member’s death, to one of the following beneficiaries:

      (A) if the retired member is survived by a spouse to whom the retired member was married for at least 1 year immediately before the retired member’s retirement date, the benefit shall be paid to the surviving spouse, to continue for the spouse’s lifetime or until the spouse remarries before age 70; or

      (B) if there is no qualifying surviving spouse or if the surviving spouse remarries before age 70 or dies, then the benefit shall be paid to the retired member’s minor children, in equal shares, to continue until the children are no longer minors, as defined in <cite data-path="|22|§17A|(22)">§ 17A(22) of this article</cite>.

    (iii) For purposes of this paragraph (1), when a retired member’s child is no longer a minor and consequently ceases to receive benefits under this paragraph (1), each remaining minor child shall begin to receive, in addition to his or her existing benefit, an equal share of the benefit formerly paid to the other child.  This process continues until the youngest child is no longer a minor.

  (2)

    (i) Instead of the allowance provided for in paragraph (1) of this subsection, a member who is entitled to receive a retirement allowance from this system may elect to receive a lesser retirement allowance for life from among the options set forth in subparagraphs (ii) through (v) of this paragraph (2).  The lesser optional retirement allowance that the retired member will receive, when combined with the optional survivorship benefit selected by the retired member, will equal the actuarial equivalent of the retired member’s maximum retirement allowance computed as of the retired member’s retirement date.

    (ii)

      (A) As soon as administratively practicable after the death of a retired member who elected this reserve guarantee option, the balance of the present value of the retired member’s benefit at retirement, after deducting the total amount of periodic payments received by the retired member during his or her lifetime, shall be paid in the form of a lump-sum cash payment as follows:

        1. to the retired member’s designated beneficiary; or

        2. if no beneficiary has been designated or if the designated beneficiary predeceases the retired member, to the retired member’s estate.

      (B) A member who elects this option may change his or her designated beneficiary at any time throughout the member’s retirement.

    (iii)

      (A) On the retired member’s death, the member’s designated beneficiary will receive a lifetime benefit of either, as elected by the member:

        1. 100% of the periodical allowance the retired member was receiving at the time of death; or

        2. 50% of the periodical allowance the retired member was receiving at the time of death.

      (B) Within 30 days of the retired member’s retirement date, the retired member may elect to change the designated beneficiary for benefits under this subparagraph (iii).

      (C) If the designated beneficiary predeceases the retired member while still within 30 days of the retirement date, the retired member may designate a new beneficiary within 30 days of the designated beneficiary’s death.

      (D) If the designated beneficiary predeceases the retired member while within 30 days of the retirement date and the retired member does not designate a new beneficiary within 30 days of the designated beneficiary’s death or if the designated beneficiary dies on or after the 31<sup>st</sup> day following the retirement date:

        1. the retired member continues to receive a lesser retirement allowance under this survivorship option;

        2. no new beneficiary may be designated; and

        3. on the retired member’s death, no survivorship benefit is payable.

    (iv)

      (A) On the retired member’s death, the member’s designated beneficiary will receive a lifetime benefit of either, as elected by the member:

        1. 100% of the periodical allowance the retired member was receiving at the time of death; or

        2. 50% of the periodical allowance the retired member was receiving at the time of death.

      (B) Within 30 days of the retired member’s retirement date, the retired member may elect to change the designated beneficiary for benefits under this subparagraph (iv).

      (C) If the designated beneficiary predeceases the retired member while still within 30 days of the retirement date, the retired member may designate a new beneficiary within 30 days after the designated beneficiary’s death.

      (D) If the designated beneficiary predeceases the retired member while within 30 days of the retirement date and the retired member does not designate a new beneficiary within 30 days after the designated beneficiary’s death or if the designated beneficiary dies on or after the 31<sup>st</sup> day following the retirement date:

        1. the retired member receives the maximum retirement allowance, effective from the 1<sup>st</sup> day after the death of the designated beneficiary;

        2. no other beneficiary may be designated; and

        3. on the retired member’s death, no survivorship benefit is payable, whether under this survivorship option or the maximum retirement allowance.

    (v)

      (A) On the retired member’s death, the member’s designated beneficiary will receive, as elected by the member before the member’s retirement date:

        1. a specific lump-sum amount; or

        2. a specific periodical allowance, payable to the designated beneficiary for life.

      (B) This pre-determined benefit must be approved, at the time of the member’s retirement, by the Board of Trustees pursuant to the recommendation of the system’s actuary.

      (C) Within 30 days of the retired member’s retirement date, the retired member may elect to change the designated beneficiary for benefits under this subparagraph (v).

      (D) If the designated beneficiary predeceases the retired member while still within 30 days of the retirement date, the retired member may designate a new beneficiary within 30 days after the designated beneficiary’s death.

      (E) If the designated beneficiary predeceases the retired member while within 30 days of the retirement date and the retired member does not designate a new beneficiary within 30 days after the designated beneficiary’s death or if the designated beneficiary dies on or after the 31<sup>st</sup> day following the retirement date:

        1. the retired member continues to receive a lesser retirement allowance under this survivorship option;

        2. no other beneficiary may be designated; and

        3. on the retired member’s death, no survivorship benefit is payable.

  (3)

    (i) Any retired member may elect to make the changes authorized in this paragraph (3) on or before the later of:

      (A) the 30<sup>th</sup> day after the retired member’s retirement date; or

      (B) if the retired member’s designated beneficiary predeceases the retired member while within 30 days of the retirement date, the 30<sup>th</sup> day after the designated beneficiary’s death.

    (ii) Within the periods specified, a retired member may elect to change:

      (A) the retired member’s maximum allowance under paragraph (1) of this subsection to any one of the actuarially modified retirement allowances under paragraph (2) of this subsection;

      (B) the retired member’s election for an actuarially modified retirement allowance under paragraph (2) of this subsection to the maximum allowance under paragraph (1) of this subsection; or

      (C) the retired member’s election for one actuarially modified retirement allowance under paragraph (2) of this subsection to any other of the allowances under paragraph (2) of this subsection.

    (iii) Any payments made to a retired member under the original election shall be taken into account in computing the allowance to be paid under the subsequent election.

(f)

  (1) This subsection (f) applies to a member who dies while serving as an elected official for Baltimore City, but whose death does not qualify under subsection (g) as a line-of-duty death.

  (2)

    (i) On receipt of a written application and proper proof of the death of a member in service, the Board of Trustees shall pay the lump-sum amount provided in this paragraph (2), but only if no benefits are paid under paragraph (3) of this subsection.

    (ii) The lump-sum payment shall consist of:

      (A) the member’s accumulated contributions; plus

      (B) if the member has acquired 1 or more years of service, 50% of the member’s current annual compensation on the date of the member’s death.

    (iii) The lump-sum amount shall be paid:

      (A) to the member’s designated beneficiary;

      (B) if there is no designated beneficiary or if the designated beneficiary predeceases the member, to the member’s surviving spouse;

      (C) if there is no designated beneficiary and no surviving spouse, to the member’s children, in equal shares;

      (D) if there is no designated beneficiary, surviving spouse, or surviving child, to the member’s surviving parents, in equal shares; and

      (E) otherwise, to the member’s estate.

  (3)

    (i) If the member was eligible for a service retirement allowance on the date of the member’s death and a proper application is filed under subparagraph (iv) of this paragraph (3), the Board of Trustees shall pay a benefit equal to that which would have been paid to a surviving beneficiary under the 100% survivorship benefit of subsection (e)(2)(iii)(A)1 of this section had the member elected that survivorship benefit in favor of that beneficiary and retired as of the date of death.

    (ii) The benefit shall be paid:

      (A) to the member’s designated beneficiary, to continue for life, as long as that designated beneficiary is limited to:

        1. the member’s surviving spouse to whom the member was married for at least 1 year immediately before the date of the member’s death; or

        2. the member’s surviving parent; or

      (B) if the designated beneficiary is not the member’s spouse and the beneficiary predeceases the member, or if there is no designated beneficiary, then to the member’s surviving spouse, to continue for life, if the member was married to that spouse for at least 1 year immediately before the date of the member’s death.

    (iii) If a member files with the Board of Trustees a written designation that names someone other than a spouse or parent as beneficiary, and if that beneficiary does not predecease the member, the benefits of this paragraph (3) are not available to the surviving spouse or parent of the member.

    (iv) The benefit provided by this paragraph (3) is in place of all benefits provided under paragraph (2) of this subsection.

    (v) To receive the benefit provided under this paragraph (3), the surviving spouse or parent must apply in writing, on forms provided by the Board of Trustees, within 60 days after the death of the member.

  (4) The amounts that would have been paid under this subsection (f), excluding membership contribution accounts, with interest, forever remain assets of the system if:

    (i) a member dies without designating a beneficiary;

    (ii) that member has no heirs, as enumerated in §<cite data-doc="Md. Code" data-path="get|3-102">§ 3-102 through 3-104 of the Estates and Trusts Article of the Maryland Code</cite>; and

    (iii) no estate for that member is opened within 2 years of the member’s death.

  (5)

    (i) Except as specified in subparagraph (ii) below, this paragraph (5) applies to:

      (A) a retired member who:

        1. has been granted a retirement under subsection (a), (b), (c), or (d) of this section;

        2. dies within 30 days of his or her retirement date; and

        3. does not die from injuries that caused or contributed to the member being awarded a retirement pursuant to subsection (c) of this section; or

      (B) a retired member who:

        1. retires before reaching age 50;

        2. when applying for retirement, elects to postpone receipt of his or her retirement allowance until age 50 pursuant to subsection (k) of this section; and

        3. dies within 30 days after reaching age 50.

    (ii) This paragraph does not apply to a former member who terminates employment before reaching age 50 without immediate entitlement to retirement benefits.

    (iii) Any retired member described in subparagraph (i) of this paragraph (5) is deemed to have died while serving as an elected official of Baltimore City and, instead of any other service or disability benefits under this system, a death benefit under this subsection (f) will be paid as if the retired member died during active service.

    (iv) Any pension benefits paid by this system and received by the retired member or former member before he or she died shall be offset against the death benefits payable under this paragraph.

(g)

  (1) This subsection applies only to a member:

    (i) who dies while a member of this system; and

    (ii) whose death has been determined by a hearing examiner to have occurred:

      (A) from the natural and proximate result of the actual performance of duty; and

      (B) without willful negligence on the part of the member.

  (2)

    (i) On the receipt of a written application, proper proof of death, and an award by a hearing examiner of a line-of-duty death benefit, the Board of Trustees shall pay:

      (A) the member’s accumulated contributions:

        1. to the member’s designated beneficiary;

        2. if there is no designated beneficiary, or if the designated beneficiary predeceases the member, to the member’s surviving spouse;

        3. if there is no designated beneficiary and no surviving spouse, to the member’s children, in equal shares;

        4. if there is no designated beneficiary, surviving spouse, or surviving child, to the member’s surviving parents, in equal shares; and

        5. otherwise, to the member’s estate; and

      (B) a pension of 100% of the member’s current annual compensation on the date of the member’s death:

        1. to the member’s surviving spouse, to continue for the spouse’s lifetime or until the spouse remarries before age 70;

        2. if there is no surviving spouse or if the surviving spouse remarries before age 70 or dies, to the member’s minor children to be paid to each child, in equal shares, until that child is no longer a minor, as defined in <cite data-path="|22|§17A|(22            )">§ 17A(22            ) of this article</cite>;

        3. if there is no surviving spouse or minor children, to either or both of the member’s surviving dependent parents who are designated beneficiaries, to continue for life, in the percentages designated by the member; or

        4. if there is no surviving spouse or minor children and if the deceased member did not designate his or her surviving parents as beneficiaries, then to either or both of the member’s surviving dependent parents, to continue for life, as the Board of Trustees in its discretion directs.

    (ii) For purposes of subparagraph (i)(B)3. of this paragraph (2), “dependent” means the level of dependency required by Internal Revenue Code § 152.

    (iii) For purposes of this paragraph (2), when a member’s child is no longer a minor and consequently ceases to receive benefits under this paragraph (2), each remaining minor child shall begin to receive, in addition to his or her existing benefit, an equal share of the benefit formerly paid to the other child.  This process continues until the member’s youngest child is no longer a minor.

    (iv) For purposes of this paragraph (2), where a member’s line-of-duty death benefit is paid to both of the member’s surviving parents and one parent dies, the remaining parent shall then begin receiving, in addition to his or her existing benefit, the benefit formerly paid to the deceased parent.

  (3)

    (i) This paragraph (3) applies to any member who:

      (A) has been granted a retirement under subsection (c) of this section;

      (B) elects to receive maximum benefits or a lesser retirement allowance with actuarial modification; and

      (C) dies from injuries that caused or contributed to the member being awarded a retirement pursuant to subsection (c) of this section.

    (ii) A member described in subparagraph (i) of this paragraph (3) is considered, for purposes of paragraph (1)(i) of this subsection, to have died as a member in service. To the extent to which they are entitled, the beneficiaries of the member shall receive line-of-duty death benefits under paragraph (2) of this subsection (g).

    (iii) Any accumulated contributions payable to the designated beneficiary of a member whose death is governed by this paragraph (3) shall be reduced by the amount of annuity payments that the deceased member previously received through a line-of-duty disability retirement allowance.

  (4) The amounts that would have been paid under paragraph (2) of this subsection (g), excluding membership contribution accounts, with interest, forever remain assets of the system if:

    (i) a member dies without designating a beneficiary;

    (ii) that member has no heirs, as enumerated in §<cite data-doc="Md. Code" data-path="get|3-102">§ 3-102 through 3-104 of the Estates and Trusts Article of the Maryland Code</cite>; and

    (iii) no estate for that member is opened within 2 years of the member’s death.

(h)

  (1) This subsection applies to an employee or the beneficiary of an employee who:

    (i) on account of a disability or death, was awarded a benefit paid by the City under the State Workers’ Compensation Law; and

    (ii) on account of the same disability or death, was awarded a disability or death benefit from this system.

  (2) A member or beneficiary described in paragraph (1) of this subsection (h) shall have the full amount of his or her Workers’ Compensation benefit offset against any disability or death benefit payable from this system until the total amount of the Workers’ Compensation benefit has been recovered.  This offset shall be calculated using an actuarial method and appropriate annuity factors recommended by the system’s actuary and approved by the Board of Trustees.

  (3) On recovery of the full dollar amount of the Workers’ Compensation benefit through the offset described in paragraph (2) of this subsection (h), the reduced disability or death benefit payable to a member or beneficiary of a deceased member of this system shall be increased to the full, unreduced amount of the disability or death benefit payable to the member or beneficiary, as appropriate.

(i) Any member who ceases to serve as an elected official of Baltimore City before becoming eligible to receive any benefits under this section may receive a refund of his or her accumulated contributions with interest credited to the member’s last day in office.

(j)

  (1) No benefits provided under this section will be paid or payable to any elected official, or his or her beneficiary, who is convicted of a job-related offense, such offense being either a misdemeanor or felony punishable by incarceration for more than 6 months or punishable by a fine in excess of $500.00.

  (2) To be job-related, the offense must be committed by the member in the performance of his duties as an Elected Official of the City of Baltimore and committed against the City of Baltimore.

  (3) This prohibition will be applicable even though a retiree of this system or his or her beneficiary is receiving benefits under this section at the time of said conviction.  In such event, the retiree or his or her beneficiary shall forfeit said benefits and be entitled to only the return of the member’s accumulated contributions with interest less any benefit payments made under this section.

(k)

  (1) This subsection (k) applies to members who are no longer employed in a permanent full-time or permanent part-time position with the City and were either:

    (i) members of this System who were eligible to retire but chose to postpone receipt of retirement benefits to begin employment in a position covered by another City system; or

    (ii) retirees who were receiving retirement benefits from this System but chose to suspend receipt of those benefits to begin employment in a position covered by another City system.

  (2) Pursuant to <cite data-path="|22|§48">§ 48 of this article</cite>, members described in paragraph (1) of this subsection, on ceasing all permanent full-time and permanent part-time employment with the City, shall receive benefits calculated to include all increases in current annual earnable compensation set by this System under § 17A(9) that the member or retiree would have been eligible to receive as a retiree had retirement benefits not been Postponed or suspended.

(l) Notwithstanding any other provision of this subtitle, no benefits are provided under this subtitle to the extent that they exceed the limitations applicable to governmental plans in Internal Revenue Code § 415 and the regulations adopted under it.

(m)

  (1) Distributions under this subtitle shall be made in accordance with a reasonable good faith interpretation of Internal Revenue Code § 401(a)(9), as applicable to this System.  This subsection is intended to comply with a reasonable good faith interpretation of Internal Revenue Code § 401(a)(9) to the extent applicable to this System, and may not be interpreted to impose any requirements on this System or on any member or beneficiary of this System beyond those required to comply with a reasonable good faith interpretation of § 401(a)(9).  This subsection only specifies the latest permissible time by which distributions must begin and the longest permissible period over which distributions may be made, and in no way precludes any earlier commencement or more rapid distribution provided for in this subtitle.

  (2) Distribution of a member’s retirement benefit shall begin no later than the April 1 following the calendar year during which the member both has reached age 70½ and has terminated employment with the City.  Distribution shall be made over a period not extending beyond the life of the member or the joint lives of the member and his or her beneficiary.

  (3) If a member dies before distribution of his or her retirement benefit begins, the member’s entire benefit shall be distributed within 5 years after death.  This requirement is deemed satisfied by any distribution of the member’s benefit payable to his or her designated beneficiary over a period not extending beyond the life or life expectancy of the beneficiary, as long as those distributions begin no later than December 31 of the calendar year following the calendar year of the member’s death.  However, if the designated beneficiary is the member’s surviving spouse, the date on which the distributions are required to begin is December 31 of the calendar year in which the member would have attained age 70½.  This paragraph (3) does not apply if distribution of the member’s benefit began before his or her death and the remaining portion of the member’s benefit is distributed at least as rapidly as under the method of distribution being used at the date of the member’s death.  Any amount paid to a child is treated as if it had been paid to a surviving spouse if that amount is paid to the surviving spouse when that child reaches the age of majority.

(n)

  (1) The annual compensation of each member taken into account under this subtitle shall not exceed the federal Omnibus Budget Reconciliation Act of 1993 (“OBRA ’93") annual compensation limit.  The OBRA ’93 annual compensation limit is $150,000, adjusted for cost of living increases under Internal Revenue Code § 401(a)(17)(B) and subject to the fresh start provisions set forth in paragraph (2) of this subsection.  The cost of living adjustment in effect for a calendar year applies to any period not exceeding 12 months over which compensation is determined (the “determination period”) beginning in that calendar year.  If a determination period consists of fewer than 12 months, the annual compensation limit will be multiplied by a fraction, the numerator of which is the number of months in the short determination period and the denominator of which is 12.  If compensation for any prior determination period is taken into account in determining a member’s retirement benefit in the current year, the compensation for that prior determination period is subject to the OBRA ’93 annual compensation limit for that prior determination period.  For this purpose, for determination periods beginning before July 1, 1994, the OBRA ’93 annual compensation limit is $150,000.

  (2)

    (i) In this paragraph, “§ 401(a)(17) member” means any member on or after July 1, 1994, whose annual compensation for any year before 1994 exceeded $150,000.

    (ii) This paragraph (2) applies to determine the retirement benefit of a § 401(a)(17) member.

    (iii) The retirement benefit of a § 401(a)(17) member shall be the greater of (A) or (B) below:

      (A) the member’s retirement benefit on June 30, 1994, determined as though the member terminated service with the City on that date, without regard to any amendments to this subtitle enacted after that date and taking into account annual compensation up to the applicable § 401(a)(17) limitation for each year before July 1, 1994; or

      (B) the member’s retirement benefit, determined without regard to this paragraph (2).

(o)

  (1)

    (i) In this subsection, the following terms have the meanings indicated:

    (ii)

      (A) “Eligible rollover distribution” means any distribution of all or any portion of the balance to the credit of the distributee.

      (B) “Eligible rollover distribution” does not include:

        1. any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee’s designated beneficiary, or for a specified period of 10 years or more;

        2. any distribution to the extent that it is required under Internal Revenue Code § 401(a)(9); and

        3. the portion of any distribution that is not includible in gross income, determined without regard to the exclusion for net unrealized appreciation with respect to employer securities.

      (C)

        1. A portion of a distribution does not fail to be an “eligible rollover distribution” merely because the portion consists of after-tax employee contributions that are not includible in gross income.

        2. However, the portion may be transferred only to:

          i. an individual retirement account or annuity described in Internal Revenue Code § 408(a) or (b);

          ii. for taxable years beginning after December 31, 2001, and before January 1, 2007, to a qualified trust that is part of a defined contribution plan that agrees to separately account for amounts so transferred, including separately accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not so includible; or

          iii. for taxable years beginning after December 31, 2006, to a qualified trust or to an annuity contract described in Internal Revenue Code § 403(B), if the trust or contract provides for separate accounting for amounts so transferred (including interest on those amounts), including separately accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not so includible.

    (iii) “Eligible retirement plan” means any of the following that accepts the distributee’s eligible rollover distribution:

      (A) an individual retirement account described in Internal Revenue Code § 408(a);

      (B) an individual retirement annuity described in Internal Revenue Code § 408(b);

      (C) an annuity plan described in Internal Revenue Code § 403(a);

      (D) a qualified trust described in Internal Revenue Code § 401(a);

      (E) an annuity contract described in Internal Revenue Code § 403(b);

      (F) an eligible plan described in Internal Revenue Code § 457(b), if it is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and it agrees to separately account for amounts transferred into that plan from this System; or

      (G) for distributions made on or after January 1, 2008, a Roth IRA  described in Internal Revenue Code § 408A, subject to the restrictions that apply to rollovers to a Roth IRA.

    (iv)

      (A) “Distributee” means an employee or former employee.

      (B) In addition, the employee’s or former employee’s surviving spouse and the employee’s or former employee’s spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in Internal Revenue Code § 414(p), are “distributees” with regard to the interest of the spouse or former spouse.  Effective July 1, 2010, a “distributee” also includes the  employee’s or former employee’s nonspouse designated  beneficiary.  In the case of a nonspouse beneficiary, the direct  rollover may be made only to an individual retirement account or  annuity described in Internal Revenue Code § 408(a) or (B)  (“IRA”) that is established on behalf of the designated beneficiary and that will be treated as an inherited IRA under § 402(c)(11).

    (v) “Direct rollover” means a payment under this subtitle to the eligible retirement plan specified by the distributee.

  (2) Notwithstanding any provision of this subtitle that would otherwise limit a distributee’s election under this section, a distributee may elect, at the time and in the manner prescribed by the Board of Trustees, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover.

(p) Notwithstanding any other provision of this subtitle, on the effective date of a termination or partial termination of this System, as determined under applicable Internal Revenue Service regulations and rulings, all affected members who are not already vested in their accrued benefits become immediately vested in those  benefits, to the extent the benefits are funded.

*History: Ord. 83-1105*

*History: Ord. 86-768*

*History: Ord. 91-701*

*History: Ord 91-791, Ord. 93-249*

*History: Ord. 95-651*

*History: Ord. 97-168*

*History: Ord. 98-290A*

*History: Ord. 99-451*

*History: Ord. 05-173*

*History: Ord. 12-043*

*History: Ord. 13-191*

*History: Ord. 16-488*

*History: Ord. 16-576*

*History: Ord. 20-459*

## § 23 Management of Funds.

Balt., Md., Code art. 22, § 23 (2026)

(a) The Board of Trustees shall be the trustees of the several funds of the Elected Officials’ Retirement System of Baltimore created under the provisions of this subtitle.  The Board shall have the power to invest and reinvest such funds as provided for in <cite data-path="|22|§7">§ 7 of this Article 22</cite>.

(b) The provisions of <cite data-path="|22|§7|(a)|(1)">§ 7(a)(1) of this article</cite>, concerning the investment of funds in companies doing business in or with Sudan, apply to all funds of the Elected Officials’ Retirement System.

(c) The provisions of <cite data-path="|22|§7|(a)|(2)">§ 7(a)(2) of this article</cite>, concerning the investment of funds in fossil fuel companies, apply to all funds of the Elected Officials’ Retirement System.

*History: Ord. 83-1105*

*History: Ord. 86-792*

*History: Ord. 90-466*

*History: Ord. 93-210*

*History: Ord. 93-265*

*History: Ord. 07-570*

*History: Ord. 12-044*

*History: Ord.  21-043*

## § 24 Method of financing.

Balt., Md., Code art. 22, § 24 (2026)

<em>Assets</em>.  All of the assets of this Retirement System shall be credited toward meeting the aggregate obligations of this Retirement System.

(a)

  (1) Member contributions shall be accumulated from the compensation of members to provide for their annuities.  The contributions by a member to the Retirement System shall equal 5% of his or her current annual earnable compensation, these contributions to continue throughout the member’s entire period of service.  However, no contributions may be made by the member after the member has attained age 60 and has acquired 35 years of service credit in this system.

  (2) The deductions provided for in this subsection (a) shall be made notwithstanding that the minimum compensation provided for by law for any member is reduced by the deduction.  Every member is deemed to consent and agree to the deductions made and provided for in this subsection, and the receipt of his or her full salary or compensation, and payment of salary or compensation, less this deduction, shall be a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by that person during the period covered by the payment, except as to the benefits provided under this subtitle.

  (3) The accumulated contributions of a member withdrawn by him or her, or paid to his or her estate or to his or her designated beneficiary in event of death shall be paid from the Retirement System.

(b)

  (1)

    (i) On the basis of regular interest and of the mortality and other tables and assumptions adopted by the Board of Trustees, the actuary engaged by the Board shall make a valuation to determine the required contribution by the City of Baltimore for the System.

    (ii) Through the year ending June 30. 2014, the normal cost and accrued liability shall be determined by the projected unit credit cost method.  Effective with the year beginning July 1, 2014, the normal cost and accrued liability shall be determined by the entry age normal cost method.

  (2) The assets of the System shall be applied against the total accrued liability, computed above for all members, retirees, and beneficiaries, to determine the amount of unfunded accrued liability.  An accrued liability contribution is the amount determined by the Board of Trustees to be sufficient to meet regular interest on the unfunded accrued liability and to amortize the principal of that unfunded accrued liability over the period of time determined by the Board of Trustees.

  (3) The required contribution by the City of Baltimore shall be the sum of the normal cost and accrued liability contribution determined above.  However, the aggregate payment by the City of Baltimore must be sufficient, when combined with the assets of the System, to provide the pensions and other benefits payable out of the fund during the year then current.

(c)

  (1) On or before January 1 of each year, the Board of Trustees shall certify to the Board of Estimates the amount of the appropriation necessary to pay to this Retirement System the amounts payable by the City of Baltimore, as enumerated in <cite data-path="|22">this article</cite>, for the fiscal year beginning on the ensuing July 1.

  (2) The amount so certified is due to the System  on  July 1 of the fiscal year, and appropriations for that amount shall be included in the Ordinance of Estimates for that fiscal year.

(d)

*History: Ord. 83-1105 Ord. 92-090*

*History: Ord. 13-191*

*History: Ord. 16-576*

## § 25 Exemption from assignment and execution.

Balt., Md., Code art. 22, § 25 (2026)

Any current or future benefit provided by this system and any money in a fund or an account created by this system is exempt from attachment, assignment, or execution as provided in <cite data-path="|22|§11">§ 11 of this article</cite>, subject to the exceptions delineated in that section.

*History: Ord. 04-882*

## § 26 Appeal and judicial review.

Balt., Md., Code art. 22, § 26 (2026)

(a) Any person aggrieved by a determination made or action taken with respect to a person’s eligibility for membership in or benefits under this System may appeal that determination or action to the Board of Trustees under the procedures set forth in <cite data-path="|22|§15|(a)">§ 15(a) of this article</cite>.

(b)

  (1) A party aggrieved by a final decision of the Board of Trustees under subsection (a) of this section may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure.

  (2) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure.

*History: Ord. 16-488*

## § 27 Post-retirement benefit increases.

Balt., Md., Code art. 22, § 27 (2026)

(a)

  (1)

    (i) A retiree who first became a member on or before December 5, 2016, or a beneficiary of a retiree who first became a member on or before December 5, 2016, is  entitled to receive an annual increase in his or her monthly benefit equal to the percentage increase in the annual earnable compensation authorized for the highest-paying elected official position held by the retiree while a member.

    (ii)

      (A) If the position of an elected official is abolished and a replacement position is created, percentage increases in the annual earnable compensation authorized for the replacement position will be used to calculate increases in monthly benefits under subparagraph (i) of this paragraph.

      (B) If the position of an elected official is abolished and a replacement position is not created, percentage increases in the annual earnable compensation authorized for the position of Mayor of the City of Baltimore will be used to calculate increases in monthly benefits  under subparagraph (i) of this paragraph.

  (2) A retiree who first became a member on or after December 6, 2016, or a beneficiary of a retiree who first became a member on or after December 6,  2016,  is  entitled to receive an annual increase in his or her monthly benefit equal to the greater of:

    (i) 1.5%, or

    (ii) the amount of any corresponding post-retirement benefit  increase provided by the Fire and Police Employees’ Retirement System of the City of Baltimore to its members.

(b)

  (1) A retiree who first began receiving retirement benefits on or before February 1, 2017, or a beneficiary of a retiree who first began receiving retirement benefits on or before February 1, 2017, will receive the benefit increase beginning in January of the year following the year in which his or her retirement benefits began.

  (2)

    (i) A retiree who first began receiving retirement benefits on or after March 1, 2017, or a beneficiary of a retiree who first began receiving retirement benefits on or after March 1, 2017,  is eligible for the benefit increase as of the 1<sup>st</sup> June 30 as of which the retiree and the beneficiary, whether individually or in combination with the other, have been receiving benefit payments for at least 12 consecutive months.

    (ii) A retiree who first began receiving retirement benefits on or after March 1, 2017, or a beneficiary of a retiree who first began receiving retirement benefits on or after March 1, 2017, will receive the benefit increase beginning in January of the year following the June 30 on which he or she became eligible under subparagraph (i) of this paragraph (2).

(c)

  (1) each benefit increase will continue for the lifetime of the retiree and any beneficiary, consistent with the option elected under § 22(e)  of this subtitle.

  (2) the  benefit increases provided by this section are effective regardless of the investment performance of this System.

  (3) the benefit increases provided by this section are payable in the same form as the post-retirement benefit payments being received by the eligible retiree or beneficiary.

*History: Ord. 16-576*

## § 28

Balt., Md., Code art. 22, § 28 (2026)

Reserved
