# Local Government (GLG)

## Title 12. Other Powers of Counties -- Generally

### Subtitle 2. Pensions; Group Insurance

#### Section 12-201

(a) This subtitle applies to all counties except:

  (1) Anne Arundel County;

  (2) Baltimore City;

  (3) Baltimore County;

  (4) Howard County;

  (5) Prince George's County;

  (6) Queen Anne's County; and

  (7) Worchester County.

(b) The provisions of Sec.Sec. 9-105 and 9-106 of this article apply to an act, an ordinance, or a resolution adopted by a commission county under this section.

(c) The governing body of a county may:

  (1) establish a pension plan or group insurance program for the benefit of its officers and employees; and

  (2) establish classifications and eligibility criteria for each pension plan or group insurance program.

#### Section 12-202

(a) The provisions of Sec.Sec. 9-105 and 9-106 of this article apply to an act, an ordinance, or a resolution adopted under this section.

(b) The County Commissioners of Calvert County may establish a separate fully funded pension plan for the Calvert County Sheriff's department.

(c)

  (1) A pension plan established under subsection (b) of this section may provide for participation by:

    (i) Calvert County deputy sheriffs who are actively engaged in law enforcement;

    (ii) Calvert County correctional officers assigned to the county detention center; and

    (iii) the Calvert County detention center administrator.

  (2) A pension plan established under subsection (b) of this section may not be applied to an individual whose term of office ended before January 1, 1971, if that individual is eligible to receive pension benefits under Sec. 2-318(e) of the Courts Article.

(d) A pension plan established under subsection (b) of this section shall include provisions for:

  (1) retirement age eligibility;

  (2) retirement based on years of active service, regardless of age;

  (3) early retirement eligibility;

  (4) disability retirement;

  (5) death benefits for a spouse or children;

  (6) cost-of-living adjustments; and

  (7) cash refund of contributions for participants terminating employment.

(e) An individual who participates in a pension plan established under subsection (b) of this section is not eligible to receive pension benefits under Sec. 2-318(e) of the Courts Article.

(f)

  (1) Subject to paragraph (2) of this subsection, the County Commissioners of Calvert County shall determine the effective date for any pension plan established under subsection (b) of this section.

  (2) The effective date shall conform to the provisions of Title 31, Subtitle 3 of the State Personnel and Pensions Article.

#### Section 12-203

(a) The County Commissioners of Charles County may provide retirement funds for employees who reach retirement age before the establishment of a pension plan under Sec. 12-201 of this subtitle.

(b)

  (1) The County Commissioners of Charles County shall establish a separate pension plan for sworn employees of the Charles County Sheriff's department who:

    (i) are actively engaged in law enforcement; and

    (ii) were working in law enforcement within the department on or before June 30, 1986.

  (2)

    (i) A member may retire if the member has at least 30 years of active service regardless of age.

    (ii) On retirement under this paragraph, a member is entitled to receive a retirement allowance equal to 80% of the member's average base salary for the 3 highest years preceding retirement.

  (3)

    (i) A member may retire with an early retirement allowance if the member has at least 20 years but less than 30 years of active service.

    (ii) On retirement under this paragraph, a member is entitled to receive a retirement allowance under paragraph (2)(ii) of this subsection, reduced by 2% for each year that the member's early retirement date precedes the date the member would have had 30 years of active service.

  (4) The contribution rate of a member may not exceed 8% of the member's base salary.

  (5) The pension plan shall include disability provisions and death benefits for the spouse of a member, minor children of a member, or both.

  (6) The pension plan shall provide for cost-of-living adjustments and a cash refund of member contributions, plus interest, for a member who terminates employment with the Charles County Sheriff's department before retirement.

  (7) The pension plan shall provide for a credit of 2% for each year of active duty in the armed forces of the United States, for up to 3 years, to be added to the member's retirement after reaching minimum retirement.

  (8) For each member, the provisions of the pension plan shall apply retroactively to the member's original date of employment.

  (9) The pension plan is effective on or after July 1, 1995.

(c)

  (1) The County Commissioners of Charles County shall establish a separate pension plan for sworn employees of the Charles County Sheriff's department who:

    (i) are actively engaged in law enforcement; and

    (ii) were hired by the Sheriff's department on or after July 1, 1986.

  (2)

    (i) A member may retire if the member has at least 30 years of active service regardless of age.

    (ii) On retirement under this paragraph, a member is entitled to receive a retirement allowance equal to 80% of the member's average base salary for the 3 highest years preceding retirement.

  (3)

    (i) A member may retire with an early retirement allowance if the member has at least 25 years but less than 30 years of active service.

    (ii) On retirement under this paragraph, a member is entitled to receive a retirement allowance under paragraph (2)(ii) of this subsection, reduced by 2% for each year that the member's early retirement date precedes the date the member would have had 30 years of active service.

  (4) The pension plan shall include provisions for early retirement after 20 years of service that:

    (i) actuarially reduce the retirement allowance depending on the member's age at the time of retirement and for each year less than 25 years of service; and

    (ii) are approved by the county commissioners.

  (5) The contribution rate of a member may not exceed 8% of the member's base salary.

  (6) The pension plan shall include disability provisions and death benefits for the spouse of a member, minor children of a member, or both.

  (7) The pension plan shall provide for cost-of-living adjustments and a cash refund of member contributions, plus interest, for a member who terminates employment with the Charles County Sheriff's department before retirement.

  (8) The pension plan shall provide for a credit of 2% for each year of active duty in the armed forces of the United States, for up to 3 years, to be added to the member's retirement after reaching minimum retirement.

  (9) The provisions of the pension plan may include any member who was working in law enforcement on July 1, 1986, and shall apply retroactively to the date of that employment.

  (10) The pension plan is effective on or after July 1, 1995.

(d) The pension plan established under subsection (b) or (c) of this section may include the Charles County Sheriff.

(e)

  (1) The County Commissioners of Charles County shall establish a separate pension plan for employees of the Charles County Sheriff's department who are classified as correctional officers.

  (2)

    (i) A member may retire if the member has at least 25 years of active service regardless of age.

    (ii) On retirement under this paragraph, a member is entitled to receive a retirement allowance equal to 2.25% of the member's average base salary for the 3 highest years preceding retirement multiplied by each year of the member's years of credited service.

    (iii) A member's retirement allowance provided under this paragraph may not exceed 75% of the member's average base salary for the 3 highest years preceding retirement.

  (3)

    (i) A member may retire with an early retirement allowance if the member has at least 20 years but less than 25 years of active service.

    (ii) The pension plan shall include provisions for early retirement after 20 years of active service that:

      (1) actuarially reduce the retirement allowance depending on the member's age at the time of retirement and for each year less than 25 years of service; and

      (2) are approved by the county commissioners.

  (4) The contribution rate of a member may not exceed 7% of the member's base salary.

  (5) The pension plan shall include disability provisions and death benefits for the spouse of a member, minor children of a member, or both.

  (6) The pension plan shall provide for cost-of-living adjustments and a cash refund of member contributions for a member who terminates employment with the Charles County Sheriff's department before retirement.

  (7) The pension plan shall provide for a credit for each year of active duty in the armed forces of the United States, for up to 3 years, to be added to the member's retirement after reaching minimum retirement.

  (8) The provisions of the pension plan may include any member who was working as a Charles County correctional officer on July 1, 1995, and shall apply retroactively to the date of that employment.

  (9) The pension plan is effective on or after July 1, 1995.

(f)

  (1) The County Commissioners of Charles County shall establish a separate pension plan for employees of Charles County who are classified as communications employees.

  (2)

    (i) A member may retire if the member has at least 25 years of active service regardless of age.

    (ii) On retirement under this paragraph, a member is entitled to receive a retirement allowance equal to 2% of the member's average base salary for the 3 highest years preceding retirement multiplied by each year of the member's years of credited service.

    (iii) A member's retirement allowance provided under this paragraph may not exceed 75% of the member's average base salary for the 3 highest years preceding retirement.

  (3)

    (i) A member may retire with an early retirement allowance if the member has at least 20 years but less than 25 years of active service.

    (ii) The pension plan shall include provisions for early retirement after 20 years of active service that:

      (1) actuarially reduce the retirement allowance depending on the member's age at the time of retirement and for each year less than 25 years of service; and

      (2) are approved by the county commissioners.

  (4) The contribution rate of a member may not exceed 7% of the member's base salary.

  (5) The pension plan shall include disability provisions and death benefits for the spouse of a member, minor children of a member, or both.

  (6) The pension plan shall provide for cost-of-living adjustments and a cash refund of member contributions for a member who terminates employment as a communications employee for Charles County before retirement.

  (7) The pension plan shall provide for a credit for each year of active duty in the armed forces of the United States, for up to 3 years, to be added to the member's retirement after reaching minimum retirement.

  (8) The provisions of the pension plan may include any member who was working as a communications employee for Charles County on July 1, 1995, and shall apply retroactively to the date of that employment.

  (9) The pension plan is effective on or after July 1, 1995.

#### Section 12-204

The governing body of Dorchester County may include the employees of the Dorchester County liquor control board and the Dorchester County Sheriff's department in any pension plan or group insurance program established by the governing body.

#### Section 12-205

(a) The provisions of Sec.Sec. 9-105 and 9-106 of this article apply to an act, an ordinance, or a resolution adopted under this section.

(b) The County Commissioners of Garrett County may provide a pension plan and group health and hospital insurance benefits for county officers and employees.

(c) The County Commissioners of Garrett County may provide group health and hospital insurance benefits for retired county officers and employees.

#### Section 12-206

(a) The County Commissioners of Kent County may provide retirement funds for employees who reach retirement age before the establishment of a pension plan under Sec. 12-201 of this subtitle.

(b) The County Commissioners of Kent County may include any official or employee of the Kent County Sheriff's department in a pension plan or group insurance program established by the county commissioners.

#### Section 12-207

(a) The provisions of Sec.Sec. 9-105 and 9-106 of this article apply to an act, an ordinance, or a resolution adopted under this section.

(b) The County Commissioners of St. Mary's County may adopt a separate pension plan or may amend an existing pension plan for:

  (1) the Sheriff;

  (2) deputy sheriffs; or

  (3) correctional officers.

(c) By resolution, the County Commissioners of St. Mary's County may:

  (1) adopt the provisions of any pension plan established under subsection (b) of this section; or

  (2) amend the provisions of any existing pension plan.

(d) The County Commissioners of St. Mary's County shall provide for the funding required to implement and support any action taken under this section.

#### Section 12-208

(a)

  (1)

    (i) This subsection does not apply to Baltimore City.

    (ii) This subsection applies to any school teacher who is:

      (1) a retiree of the Teachers' Retirement System or the Teachers' Pension System as provided for under Title 22 or Title 23 of the State Personnel and Pensions Article; and

      (2) receiving a retirement allowance less than $125 per month.

  (2) The county commissioners or county council may pay a retiree described under paragraph (1)(ii) of this subsection who retired as an employee of the county public school system the lesser of:

    (i) $50 per month; or

    (ii) $125 per month less the retirement allowance the retiree is currently receiving.

  (3) To receive an additional monthly allowance described under paragraph (2) of this subsection, the retiree shall submit an application to the county commissioner or county council.

  (4) Any county commissioners or county council that provides a monthly allowance under paragraph (2) of this subsection annually shall impose a tax in an amount sufficient to pay for the additional benefit.

(b)

  (1) This subsection applies to any Baltimore County school teacher who is:

    (i) a retiree of the Teachers' Retirement System or the Teachers' Pension System as provided for under Title 22 or Title 23 of the State Personnel and Pensions Article; and

    (ii) receiving a retirement allowance less than $125 per month.

  (2)

    (i) The County Council of Baltimore County may pay additional benefits to an individual described under paragraph (1) of this subsection.

    (ii) The amount of the additional benefit shall be as provided in subsection (a)(2) of this section.

  (3) To receive an additional monthly allowance described under paragraph (2) of this subsection, the retiree shall submit an application to the county council.

(c)

  (1) In addition to any benefit paid in accordance with subsection (a) of this section, the governing body of Frederick County may pay an additional $8 per month to any retiree described in subsection (a)(1) of this section.

  (2) The governing body shall impose a tax in an amount sufficient to pay for the additional benefit described in paragraph (1) of this subsection.

#### Section 12-209

(a) This section applies only to Carroll County.

(b) Notwithstanding any other law, the Board of County Commissioners may not establish:

  (1) a group insurance program to be offered to the county commissioners, in any year, that offers different benefits or a different county subsidy allowance than the group insurance program offered to full-time county employees for that year; or

  (2) a defined benefit or defined contribution pension plan to be offered to the county commissioners that is separate from a defined benefit or defined contribution pension plan offered to full-time county employees.

(c) A county commissioner:

  (1) each year may participate in the group insurance program offered to full-time county employees, and may receive the same county subsidy allowed to full-time county employees for that year; and

  (2) each year may participate in a defined benefit or defined contribution pension plan offered to full-time county employees, but is not eligible for any employer matching contribution.

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Md. Code Ann., Local Gov't (as displayed at mgaleg.maryland.gov, October 16, 2026)