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<section article="gsp" article_name="State Personnel and Pensions" number="21-305.5" title_number="21" title_name="State Retirement and Pension System" subtitle_number="3" subtitle_name="Funding">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <text>“Complement of the participant funding ratio” is a ratio equal to 100% minus the participant funding ratio, and may not be less than zero.</text>
    </level>
    <level label="3">
      <text>“Employees’ systems” means the Employees’ Pension System and the Employees’ Retirement System.</text>
    </level>
    <level label="4">
      <text>“Noncontributory participating governmental unit” means a participating governmental unit that did not elect to provide its employees with the contributory pension benefit or the Alternate Contributory Pension Selection as provided in § 31–116 of this article.</text>
    </level>
    <level label="5">
      <text>“Noncontributory system funding ratio” means the ratio determined by the actuary as provided under subsection (e) of this section.</text>
    </level>
    <level label="6">
      <text>“Participant funding ratio” means the ratio determined under subsection (d) of this section.</text>
    </level>
    <level label="7">
      <text>“Transition amount” means the amount determined by the actuary as provided under subsection (i) of this section.</text>
    </level>
  </level>
  <level label="b">
    <text>This section applies only to a participating governmental unit that on or after July 1, 2001, elects to withdraw from participation in the employees’ systems and transfer to a local pension system all employees of the participating governmental unit who consent to the withdrawal.</text>
  </level>
  <level label="c">
    <level label="1">
      <text>On and after the date of a participating governmental unit’s withdrawal from the employees’ systems under § 31–302(1) of this article, the participating governmental unit and its employees are not required to make any further contributions to the employees’ systems for those employees who elect to withdraw from the employees’ systems.</text>
    </level>
    <level label="2">
      <text>As of the effective date of withdrawal, the participating governmental unit shall continue to make any contributions required under § 21–305(b)(1) and (2) of this subtitle on behalf of those employees who do not elect to withdraw from the employees’ systems.</text>
    </level>
    <level label="3">
      <text>As of the effective date of withdrawal of a participating governmental unit, the Board of Trustees shall transfer to the administrative board of the local pension system the assets that are allocable to the employees of the participating governmental unit who elect to withdraw from the employees’ systems as determined under either subsection (f) or (g) of this section.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>This subsection applies to a participating governmental unit that elected to provide its employees with the contributory pension benefit or the Alternate Contributory Pension Selection as provided in § 31–116 of this article.</text>
    </level>
    <level label="2">
      <text>As of June 30 of each fiscal year, the actuary shall determine the participant funding ratio for the participating governmental units as provided in this subsection.</text>
    </level>
    <level label="3">
      <text>The participant funding ratio shall be a fraction that has:</text>
      <level label="i">
        <text>as its numerator, the assets to the credit of the participating governmental units in the accumulation fund and the annuity savings fund of the employees’ systems as adjusted under paragraph (4) of this subsection; and</text>
      </level>
      <level label="ii">
        <text>as its denominator, the actuarial liabilities of the participating governmental units.</text>
      </level>
    </level>
    <level label="4">
      <text>The assets to the credit of the participating governmental units as of the valuation date shall be:</text>
      <level label="i">
        <text>increased by the sum of the outstanding balances of:</text>
        <level label="1">
          <text>the special accrued liability attributable to each participating governmental unit under § 21–305.3 of this subtitle;</text>
        </level>
        <level label="2">
          <text>the deficit allocated to each participating governmental unit under § 21–305.4(c) of this subtitle; and</text>
        </level>
        <level label="3">
          <text>the withdrawal liability contribution attributable to each participating governmental unit under subsection (h) of this section; and</text>
        </level>
      </level>
      <level label="ii">
        <text>decreased by the sum of the outstanding balances of the surplus allocated to each participating governmental unit under § 21–305.4(b) of this subtitle.</text>
      </level>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>This subsection applies to a noncontributory participating governmental unit.</text>
    </level>
    <level label="2">
      <text>As of June 30 of each fiscal year, the actuary shall determine the noncontributory system funding ratio for the noncontributory participating governmental units as provided in this subsection.</text>
    </level>
    <level label="3">
      <text>The noncontributory system funding ratio shall be a fraction that has:</text>
      <level label="i">
        <text>as its numerator, the assets to the credit of the participating governmental units in the accumulation fund and the annuity savings fund of the employees’ systems as adjusted under paragraph (4) of this subsection; and</text>
      </level>
      <level label="ii">
        <text>as its denominator, the actuarial liabilities of the participating governmental units calculated as if all of the participating governmental units are noncontributory participating governmental units.</text>
      </level>
    </level>
    <level label="4">
      <text>The assets to the credit of the participating governmental units as of the valuation date shall be:</text>
      <level label="i">
        <text>increased by the sum of the outstanding balances of:</text>
        <level label="1">
          <text>the special accrued liability attributable to each participating governmental unit under § 21–305.3 of this subtitle;</text>
        </level>
        <level label="2">
          <text>the deficit allocated to each participating governmental unit under § 21–305.4(c) of this subtitle; and</text>
        </level>
        <level label="3">
          <text>the withdrawal liability contribution attributable to each participating governmental unit under subsection (h) of this section; and</text>
        </level>
      </level>
      <level label="ii">
        <text>decreased by the sum of the outstanding balances of the surplus allocated to each participating governmental unit under § 21–305.4(b) of this subtitle.</text>
      </level>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>This subsection applies to a participating governmental unit that elected to provide its employees with the contributory pension benefit or the Alternate Contributory Pension Selection as provided in § 31–116 of this article.</text>
    </level>
    <level label="2">
      <text>The assets that are allocable to the employees of a participating governmental unit who elect to withdraw from the employees’ systems shall be computed by the actuary as provided in this subsection.</text>
    </level>
    <level label="3">
      <text>If the participant funding ratio for the fiscal year preceding the effective date of withdrawal of the participating governmental unit is less than 100%, the actuary shall multiply the participant funding ratio for the fiscal year preceding the effective date of withdrawal of the participating governmental unit by the actuarial liability allocable to the employees of the participating governmental unit who elect to withdraw.</text>
    </level>
    <level label="4">
      <text>If the participant funding ratio for the fiscal year preceding the effective date of withdrawal of the participating governmental unit is 100% or greater and less than 110%, the actuary shall multiply the actuarial liability allocable to the employees of the participating governmental unit who elect to withdraw by 100%.</text>
    </level>
    <level label="5">
      <text>If the participant funding ratio for the fiscal year preceding the effective date of withdrawal of the participating governmental unit is 110% or greater, the actuary shall multiply the actuarial liability allocable to the employees of the participating governmental unit who elect to withdraw by the difference between the participant funding ratio and 10%.</text>
    </level>
    <level label="6">
      <text>Any assets computed under paragraph (3), (4), or (5) of this subsection shall be reduced by the sum of:</text>
      <level label="i">
        <text>the outstanding balance of the deficit allocable to the participating governmental unit as of the effective date of withdrawal;</text>
      </level>
      <level label="ii">
        <text>the outstanding balance of the special accrued liability contribution allocable to the participating governmental unit as of the effective date of withdrawal; and</text>
      </level>
      <level label="iii">
        <text>any transition amount as determined under subsection (i) of this section.</text>
      </level>
    </level>
  </level>
  <level label="g">
    <level label="1">
      <text>This subsection applies to a noncontributory participating governmental unit.</text>
    </level>
    <level label="2">
      <text>The assets that are allocable to the employees of a noncontributory participating governmental unit who elect to withdraw from the employees’ systems shall be computed by the actuary as provided in this subsection.</text>
    </level>
    <level label="3">
      <text>If the noncontributory system funding ratio for the fiscal year preceding the effective date of withdrawal of the noncontributory participating governmental unit is less than 100%, the actuary shall multiply the noncontributory system funding ratio for the fiscal year preceding the effective date of withdrawal of the noncontributory participating governmental unit by the actuarial liability allocable to the employees of the noncontributory participating governmental unit who elect to withdraw.</text>
    </level>
    <level label="4">
      <text>If the noncontributory system funding ratio for the fiscal year preceding the effective date of withdrawal of the noncontributory participating governmental unit is 100% or greater and less than 110%, the actuary shall multiply the actuarial liability allocable to the employees of the noncontributory participating governmental unit who elect to withdraw by 100%.</text>
    </level>
    <level label="5">
      <text>If the noncontributory system funding ratio for the fiscal year preceding the effective date of withdrawal of the noncontributory participating governmental unit is 110% or greater, the actuary shall multiply the actuarial liability allocable to the employees of the noncontributory participating governmental unit who elect to withdraw by the difference between the noncontributory system funding ratio and 10%.</text>
    </level>
    <level label="6">
      <text>Any assets computed under paragraph (3), (4), or (5) of this subsection shall be reduced by the sum of:</text>
      <level label="i">
        <text>the outstanding balance of the deficit allocable to the noncontributory participating governmental unit as of the effective date of withdrawal;</text>
      </level>
      <level label="ii">
        <text>the outstanding balance of the special accrued liability contribution allocable to the noncontributory participating governmental unit as of the effective date of withdrawal; and</text>
      </level>
      <level label="iii">
        <text>any transition amount as determined under subsection (i) of this section.</text>
      </level>
    </level>
  </level>
  <level label="h">
    <level label="1">
      <text>The withdrawal liability contribution of a participating governmental unit shall be computed by the actuary as provided in this subsection.</text>
    </level>
    <level label="2">
      <text>The actuary shall:</text>
      <level label="i">
        <text>multiply the complement of the participant funding ratio for the fiscal year preceding the effective date of withdrawal of the participating governmental unit by the actuarial liability allocable to the employees of the participating governmental unit who elect to remain members of the employees’ systems; and</text>
      </level>
      <level label="ii">
        <text>reduce the amount determined under subparagraph (i) of this paragraph by the outstanding balance of the surplus allocable to the participating governmental unit as of the effective date of withdrawal.</text>
      </level>
    </level>
    <level label="3">
      <text>The amount determined under paragraph (2) of this subsection may not be less than zero.</text>
    </level>
    <level label="4">
      <level label="i">
        <text>Except as provided in subparagraph (ii) of this paragraph, the annual withdrawal liability contribution of a participating governmental unit shall be the annual payment that is sufficient to liquidate, over not more than 25 years, the withdrawal liability contribution by means of annual payments that increase each year based on the actuarial assumptions adopted by the Board of Trustees on the recommendation of the actuary.</text>
      </level>
      <level label="ii">
        <text>Subject to the approval of the Board of Trustees and the actuary’s concurrence, a participating governmental unit:</text>
        <level label="1">
          <text>may liquidate the withdrawal liability contribution by means of level annual payments or over a term of less than 25 years; or</text>
        </level>
        <level label="2">
          <text>prepay all or a portion of the withdrawal liability contribution.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="i">
    <level label="1">
      <text>This section applies only to a participating governmental unit with a deficit as determined under § 21–305.4(c) of this subtitle.</text>
    </level>
    <level label="2">
      <text>The transition amount of a participating governmental unit shall be computed by the actuary as provided in this subsection.</text>
    </level>
    <level label="3">
      <text>The actuary shall determine the pre–June 30, 1995 status and the post–June 30, 1995 status of a participating governmental unit using the assumptions that:</text>
      <level label="i">
        <text>the participating governmental unit elects to withdraw from the employees’ systems as of June 30, 1995;</text>
      </level>
      <level label="ii">
        <text>the employees of the withdrawing participating governmental unit who are members of the Employees’ Retirement System elect to remain in the employees’ systems; and</text>
      </level>
      <level label="iii">
        <text>the employees of the withdrawing participating governmental unit who are members of the Employees’ Pension System elect to withdraw from the employees’ systems.</text>
      </level>
    </level>
    <level label="4">
      <text>The pre–June 30, 1995 status of a participating governmental unit is an amount equal to the difference between:</text>
      <level label="i">
        <text>the assets transferable to a participating governmental unit that are allocable to the employees of the participating governmental unit who elect to withdraw from the employees’ systems as determined by the actuary applying the provisions of former § 21–305(f) of this subtitle as of June 30, 1995; and</text>
      </level>
      <level label="ii">
        <text>the withdrawal liability of a participating governmental unit that is attributable to the employees of the participating governmental unit who elect to remain members of the employees’ systems as determined by the actuary applying the provisions of former § 21–305(f) of this subtitle as of June 30, 1995.</text>
      </level>
    </level>
    <level label="5">
      <text>The post–June 30, 1995 status of a participating governmental unit is an amount equal to the difference between:</text>
      <level label="i">
        <text>the assets transferable to a participating governmental unit that are allocable to the employees who elect to withdraw from the employees’ systems as determined under subsection (d) of this section as of June 30, 1995; and</text>
      </level>
      <level label="ii">
        <text>the withdrawal liability of a participating governmental unit that is attributable to the employees of the participating governmental unit who elect to remain in the employees’ systems as determined under subsection (f) of this section as of June 30, 1995.</text>
      </level>
    </level>
    <level label="6">
      <level label="i">
        <text>Subject to subparagraph (ii) of this paragraph, the transition amount of a participating governmental unit is the amount determined by the actuary as of June 30, 1995, equal to the difference between:</text>
        <level label="1">
          <text>the post–June 30, 1995 status of the participating governmental unit as determined under paragraph (4) of this subsection; and</text>
        </level>
        <level label="2">
          <text>the pre–June 30, 1995 status of the participating governmental unit as determined under paragraph (3) of this subsection.</text>
        </level>
      </level>
      <level label="ii">
        <text>The transition amount of a participating governmental unit may not be less than zero.</text>
      </level>
    </level>
    <level label="7">
      <text>As of June 30 of each fiscal year, the transition amount of a participating governmental unit shall decrease by writing down the transition amount in equal annual installments over the 25–year term beginning on July 1, 1995.</text>
    </level>
    <level label="8">
      <text>On the recommendation of the actuary, the Board of Trustees shall adopt regulations that are necessary to carry out this section, and that set forth a schedule reflecting:</text>
      <level label="i">
        <text>any transition amount allocable to a participating governmental unit; and</text>
      </level>
      <level label="ii">
        <text>the outstanding balance of the transition amount each year.</text>
      </level>
    </level>
  </level>
</section>
