# § 19 Membership.

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

## § 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*