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<section article="gsp" article_name="State Personnel and Pensions" number="21-306" title_number="21" title_name="State Retirement and Pension System" subtitle_number="3" subtitle_name="Funding">
  <level label="a">
    <level label="1">
      <text>Each fiscal year, on behalf of its employees who are members of the Local Fire and Police System, a participating governmental unit shall pay an amount equal to or greater than the product of multiplying:</text>
      <level label="i">
        <text>the aggregate annual earnable compensation of those members; and</text>
      </level>
      <level label="ii">
        <text>the sum of the normal contribution rate and the accrued liability contribution rate, as determined under this section.</text>
      </level>
    </level>
    <level label="2">
      <text>Each fiscal year, in addition to the amounts required to be paid under paragraph (1) of this subsection, a participating governmental unit shall pay:</text>
      <level label="i">
        <text>the special accrued liability contribution required by subsection (d) of this section; and</text>
      </level>
      <level label="ii">
        <text>any withdrawal liability contribution required by subsection (e) of this section.</text>
      </level>
    </level>
    <level label="3">
      <text>The amounts determined under paragraphs (1) and (2) of this subsection shall be based on an actuarial determination of the amounts that are required to preserve the integrity of the accumulation fund of the Local Fire and Police System, using:</text>
      <level label="i">
        <text>the entry-age actuarial cost method;</text>
      </level>
      <level label="ii">
        <text>actuarial assumptions adopted by the Board of Trustees; and</text>
      </level>
      <level label="iii">
        <text>the asset valuation method recommended by the actuary and adopted by the Board of Trustees.</text>
      </level>
    </level>
    <level label="4">
      <text>The actuary shall compute the contributions payable under this section.</text>
    </level>
    <level label="5">
      <text>The amounts computed under this section are a charge against the participating governmental unit to be paid in accordance with § 21-309 of this subtitle.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>As part of each actuarial valuation, the actuary shall determine the normal contributions, net of member contributions, on account of members of the Local Fire and Police System.</text>
    </level>
    <level label="2">
      <text>Except as provided in paragraph (3) of this subsection, the normal contribution rate for the Local Fire and Police System equals the fraction that has:</text>
      <level label="i">
        <text>as its numerator, the sum of the normal contributions determined under this subsection; and</text>
      </level>
      <level label="ii">
        <text>as its denominator, the aggregate annual earnable compensation of the members of the Local Fire and Police System.</text>
      </level>
    </level>
    <level label="3">
      <text>On the recommendation of the actuary, the Board of Trustees may adjust the normal contribution rate determined under this section to provide for:</text>
      <level label="i">
        <text>experience gains and losses;</text>
      </level>
      <level label="ii">
        <text>the effect of changes in actuarial assumptions; and</text>
      </level>
      <level label="iii">
        <text>the effect of legislation enacted after July 1, 1989.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>The accrued liability contribution rate for the Local Fire and Police System shall be computed as the percent of the aggregate earnable compensation of the members of the Local Fire and Police System that is sufficient to liquidate over 40 years beginning July 1, 1989, the amount, as of June 30, 1989, by which the total liabilities of the Local Fire and Police System exceeded the sum of:</text>
      <level label="i">
        <text>the assets in the accumulation fund and the annuity savings fund of the Local Fire and Police System; and</text>
      </level>
      <level label="ii">
        <text>the present value of future normal contributions, future special accrued liability contributions, future withdrawal liability contributions, and future member contributions.</text>
      </level>
    </level>
    <level label="2">
      <text>On the recommendation of the actuary, the Board of Trustees may adjust the accrued liability contribution rate to reflect:</text>
      <level label="i">
        <text>experience gains and losses;</text>
      </level>
      <level label="ii">
        <text>the effect of changes in actuarial assumptions; and</text>
      </level>
      <level label="iii">
        <text>the effect of legislation enacted after July 1, 1989.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>In this subsection, “special accrued liability” means, as to any participating governmental unit, the liability of the Local Fire and Police System on account of the employees of the participating governmental unit who elect to become members under § 28–202(b) of this article.</text>
    </level>
    <level label="2">
      <text>Each participating governmental unit shall make a special accrued liability contribution on account of the participation of its employees in the Local Fire and Police System.</text>
    </level>
    <level label="3">
      <text>The special accrued liability contribution shall be determined by an actuarial valuation of the special accrued liability as of the date of approval of participation by the legislative body of the participating governmental unit.</text>
    </level>
    <level label="4">
      <text>Except as provided in paragraph (5) of this subsection, the annual special accrued liability contribution of each participating governmental unit shall be the level annual payment that is sufficient to liquidate, over 25 years beginning on the date of approval by the legislative body of the participating governmental unit, the amount by which the special accrued liability of the participating governmental unit exceeds the sum of:</text>
      <level label="i">
        <text>the present value, as of the date of approval, of future normal contributions, future accrued liability contributions, and future member contributions on behalf of or by members who are employees of the participating governmental unit; and</text>
      </level>
      <level label="ii">
        <text>any cash and securities transferred to the Local Fire and Police System from the local pension system on or before December 31, 2004.</text>
      </level>
    </level>
    <level label="5">
      <text>Subject to the approval of the Board of Trustees, a participating governmental unit may liquidate its unfunded special accrued liability:</text>
      <level label="i">
        <text>over a period not to exceed 40 years; or</text>
      </level>
      <level label="ii">
        <text>subject to the actuary’s concurrence, by means of annual payments other than level annual payments.</text>
      </level>
    </level>
    <level label="6">
      <text>The expense of making the initial special accrued liability actuarial valuation shall be assessed against and paid by the participating governmental unit on whose account it is necessary.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <level label="i">
        <text>In this subsection the following words have the meanings indicated.</text>
      </level>
      <level label="ii">
        <text>“Active participant funding ratio” means the ratio determined by the actuary as provided under paragraph (3) of this subsection.</text>
      </level>
      <level label="iii">
        <text>“Complement of the active participant funding ratio” is a ratio equal to 1 minus the active participant funding ratio.</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <text>On and after the date of a participating governmental unit’s withdrawal from the Local Fire and Police System under § 31–302 of this article, the participating governmental unit and its employees are not required to make any further contributions to the Local Fire and Police System.</text>
      </level>
      <level label="ii">
        <text>As of the effective date of withdrawal of a participating governmental unit from the Local Fire and Police System, 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 as determined under paragraph (4) of this subsection.</text>
      </level>
    </level>
    <level label="3">
      <level label="i">
        <text>As of June 30 of each fiscal year, the actuary shall determine the active participant funding ratio for the participating governmental units as provided in this section.</text>
      </level>
      <level label="ii">
        <text>The active participant funding ratio shall be a fraction, not to exceed 1, that has:</text>
        <level label="1">
          <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 Local Fire and Police System as adjusted under subparagraph (iii) of this paragraph, decreased by the sum of the actuarial liabilities allocable to retirees of the Local Fire and Police System who retired from the service of the participating governmental unit and the designated beneficiaries of those retirees, former members of the Local Fire and Police System who are eligible for a vested allowance who separated from employment with the participating governmental unit, and members of the Local Fire and Police System who separated from employment with the participating governmental unit but who may become eligible to receive prior eligibility service credit under § 28–303 of this article; and</text>
        </level>
        <level label="2">
          <text>as its denominator, the actuarial liabilities that are allocable to the employees of the participating governmental units who are members of the Local Fire and Police System.</text>
        </level>
      </level>
      <level label="iii">
        <text>The assets to the credit of the participating governmental units as of the valuation date shall be increased by the outstanding balance of the special accrued liability attributable to the participating governmental units under subsection (d) of this section.</text>
      </level>
    </level>
    <level label="4">
      <level label="i">
        <text>The assets that are allocable to the employees of a participating governmental unit who withdraw from the Local Fire and Police System shall be computed by the actuary as provided in this paragraph.</text>
      </level>
      <level label="ii">
        <text>The actuary shall first multiply the active 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 withdraw.</text>
      </level>
      <level label="iii">
        <text>The actuary shall reduce the amount determined under subparagraph (ii) of this paragraph by the outstanding balance of the special accrued liability contribution attributable to the participating governmental unit as of the effective date of withdrawal.</text>
      </level>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>This subsection only applies to a former vested member, retiree, or surviving beneficiary of a deceased member, former vested member, or retiree, who while a member of the Local Fire and Police System was employed by a participating governmental unit that withdrew from the Local Fire and Police System on or before December 31, 2004.</text>
    </level>
    <level label="2">
      <text>The Board of Trustees shall transfer to the Employees’ Pension System:</text>
      <level label="i">
        <text>the liabilities allocable to the former vested members, retirees, or surviving beneficiaries of deceased members, former vested members, or retirees that are accrued on or before June 30, 2005, as determined by an actuarial valuation of these liabilities as of June 30, 2005, based on assumptions that will be used in the actuarial valuation of the several systems as of June 30, 2005; and</text>
      </level>
      <level label="ii">
        <text>the actuarial value of assets for the former vested members, retirees, or surviving beneficiaries of deceased members, former vested members, or retirees that is equal to the liabilities as of the date their employer withdrew from the Local Fire and Police System adjusted to reflect:</text>
        <level label="1">
          <text>any benefit payments attributable to the former vested members, retirees, or surviving beneficiaries of deceased members, former vested members, or retirees; and</text>
        </level>
        <level label="2">
          <text>the actual investment experience based on the actuarial valuation of assets.</text>
        </level>
      </level>
    </level>
    <level label="3">
      <level label="i">
        <text>A transfer made under paragraph (2) of this subsection shall be completed on or before December 31, 2005.</text>
      </level>
      <level label="ii">
        <text>After the transfer has been completed, the former vested members, retirees, or surviving beneficiaries of deceased members, former vested members, or retirees shall become former vested members, retirees, or surviving beneficiaries of deceased members, former vested members, or retirees of the Employees’ Pension System.</text>
      </level>
    </level>
  </level>
  <level label="g">
    <level label="1">
      <text>This subsection applies only to a former vested member, retiree, or surviving beneficiary of a deceased member, former vested member, or retiree, who while a member of the Local Fire and Police System was employed by a participating governmental unit participating in the Local Fire and Police System on or after June 30, 2005.</text>
    </level>
    <level label="2">
      <text>If a participating governmental unit withdraws from the Local Fire and Police System on or after June 30, 2005, as provided under § 31-302 of this article, the Board of Trustees shall transfer to the Employees’ Pension System:</text>
      <level label="i">
        <text>the liabilities allocable to the former vested members, retirees, or surviving beneficiaries of deceased members, former vested members, or retirees that are accrued on or before the date the participating governmental unit elects to withdraw, as determined by an actuarial valuation of these liabilities as of the date the participating governmental unit elects to withdraw, based on assumptions that will be used in the actuarial valuation of the several systems as of the date the participating governmental unit elects to withdraw; and</text>
      </level>
      <level label="ii">
        <text>the actuarial value of assets for the former vested members, retirees, or surviving beneficiaries of deceased members, former vested members, or retirees that is equal to the liabilities as of the date the participating governmental unit elects to withdraw from the Local Fire and Police System adjusted to reflect:</text>
        <level label="1">
          <text>any benefit payments attributable to the former vested members, retirees, or surviving beneficiaries of deceased members, former vested members, or retirees; and</text>
        </level>
        <level label="2">
          <text>the actual investment experience based on the actuarial valuation of assets.</text>
        </level>
      </level>
    </level>
    <level label="3">
      <level label="i">
        <text>A transfer made under paragraph (2) of this subsection shall be completed within 1 year of the date the participating governmental unit elects to withdraw.</text>
      </level>
      <level label="ii">
        <text>After the transfer has been completed, the former vested members, retirees, or surviving beneficiaries of deceased members, former vested members, or retirees shall become former vested members, retirees, or surviving beneficiaries of deceased members, former vested members, or retirees of the Employees’ Pension System.</text>
      </level>
    </level>
  </level>
</section>
