# State Personnel and Pensions (GSP)

## Title 26. Law Enforcement Officers' Pension System

### Subtitle 2. Membership

#### Section 26-201

(a) Except as provided in subsection (b) of this section, this subtitle applies only to:

  (1) an employee of the Department of Natural Resources commissioned by the Secretary of Natural Resources as:

    (i) a Natural Resources police officer; or

    (ii) a law enforcement officer, other than a Natural Resources police officer;

  (2) a law enforcement officer employed by:

    (i) the Field Enforcement Bureau; or

    (ii) the Field Enforcement Division of the Alcohol, Tobacco, and Cannabis Commission;

  (3) a member of the Maryland Transportation Authority Police Force who has the powers granted to a police officer under Sec. 4-208 of the Transportation Article;

  (4) a deputy sheriff employed by the Baltimore City Sheriff's Department;

  (5) a member of the University System of Maryland Police Force who has the powers granted to a police officer under Sec. 13-601 of the Education Article;

  (6) a law enforcement officer or firefighter employed by a participating governmental unit that on or after July 1, 1999, has elected to participate in the Law Enforcement Officers' Pension System;

  (7) the State Fire Marshal or a Deputy State Fire Marshal;

  (8) a member of the Morgan State University Police Force who has the powers granted to a police officer under Sec. 14-106 of the Education Article;

  (9) a member of the BWI Airport Fire & Rescue Department;

  (10) a member of the Maryland Capitol Police of the Department of General Services who has the powers granted to a police officer under Sec. 4-605 of the State Finance and Procurement Article;

  (11) an employee of the Maryland Department of Health commissioned by the Secretary of Health as a Maryland Department of Health police officer;

  (12) an employee of the Motor Vehicle Administration commissioned by the Secretary of Transportation as a Motor Vehicle Administration police officer;

  (13) a firefighter or law enforcement officer for the Martin State Airport employed by the Military Department;

  (14) a police officer employed by the Division of Rehabilitation Services in the Department of Education, certified in accordance with the Maryland Police and Correctional Training Commissions;

  (15) a firefighter or paramedic employed by the Salisbury Fire Department who is eligible to be a member as provided in Title 31, Subtitle 2A of this article;

  (16) an aviator employed by the Department of State Police to operate an aircraft for the State Emergency Medical System;

  (17) a member of the Maryland Transit Administration Police Force who has the powers granted to a police officer under Sec. 7-207 of the Transportation Article;

  (18) an individual who is elected or appointed as the Baltimore City Sheriff and who does not elect to join the Employees' Pension System under Title 23 of this article within 6 months of the date the individual begins serving as the Baltimore City Sheriff;

  (19) a member of the Department of Public Safety and Correctional Services Intelligence and Investigative Division who has the powers granted to a police officer under Sec. 10-701 of the Correctional Services Article;

  (20) a police officer employed by the Baltimore City Community College who has the power granted to a police officer under Sec. 16-513 of the Education Article;

  (21) an employee of the Warrant Apprehension Unit of the Intelligence and Investigative Division in the Department of Public Safety and Correctional Services who has the powers granted to a peace officer or police officer under Sec. 10-702 of the Correctional Services Article;

  (22) the Executive Director of the Alcohol, Tobacco, and Cannabis Commission, only if the Executive Director is a sworn police officer with the powers granted to an officer or employee of the Field Enforcement Division under Sec. 1-313 of the Alcoholic Beverages and Cannabis Article; and

  (23) an emergency medical technician employed by a participating governmental unit who is eligible to be a member as provided in Title 31, Subtitle 2A of this article.

(b) This subtitle does not apply to:

  (1) a Maryland Transportation Authority police officer who transferred from the Employees' Retirement System to the Employees' Pension System on or after December 1, 1996;

  (2) a deputy sheriff employed by the Baltimore City Sheriff's Department who transferred from the Employees' Retirement System to the Employees' Pension System on or after December 1, 1996;

  (3) a member of the University System of Maryland Police Force who transferred from the Employees' Retirement System to the Employees' Pension System on or after December 1, 1997;

  (4) a law enforcement officer, firefighter, or emergency medical technician employed by a participating governmental unit who transferred from the Employees' Retirement System to the Employees' Pension System on or after December 1, 1997;

  (5) a Maryland Port Administration police officer who transferred from the Employees' Retirement System to the Employees' Pension System on or after December 1, 1997;

  (6) a State Fire Marshal or Deputy State Fire Marshal who transferred from the Employees' Retirement System to the Employees' Pension System on or after December 1, 1996;

  (7) a member of the Morgan State University Police Force who transferred from the Employees' Retirement System to the Employees' Pension System on or after December 1, 1997;

  (8) a member of the BWI Airport Fire & Rescue Department who transferred from the Employees' Retirement System to the Employees' Pension System on or after April 1, 1998;

  (9) a member of the Maryland Capitol Police of the Department of General Services, Maryland Department of Health, or Motor Vehicle Administration who transferred from the Employees' Retirement System to the Employees' Pension System on or after April 1, 1998;

  (10) a firefighter or law enforcement officer for the Martin State Airport employed by the Military Department who transferred from the Employees' Retirement System to the Employees' Pension System on or after April 1, 1998;

  (11) a police officer employed by the Division of Rehabilitation Services in the Department of Education who:

    (i) is certified in accordance with the Maryland Police and Correctional Training Commissions; and

    (ii) transferred from the Employees' Retirement System to the Employees' Pension System on or after April 1, 1998;

  (12) a firefighter or paramedic employed by the Salisbury Fire Department who transferred from the Employees' Retirement System to the Employees' Pension System on or after April 1, 1998;

  (13) an aviator employed by the Department of State Police to operate an aircraft for the State Emergency Medical System who transferred from the Employees' Retirement System to the Employees' Pension System on or after April 1, 1998; or

  (14) a police officer employed by the Baltimore City Community College who transferred from the Employees' Retirement System to the Employees' Pension System on or after December 1, 1996.

#### Section 26-202

(a) Except as provided in subsection (b) of this section, an individual described in Sec. 26-201 of this subtitle is a member of the Law Enforcement Officers' Pension System as a condition of employment.

(b)

  (1) Subject to paragraph (2) of this subsection, membership in the Law Enforcement Officers' Pension System is optional for an individual described in Sec. 26-201 of this subtitle:

    (i) who was employed by the Department of Natural Resources on July 1, 1990, and who elects membership on or before December 31, 2002;

    (ii) who was employed by the Field Enforcement Division on June 30, 1995, and who elects membership on or before December 31, 2002;

    (iii) who was employed by the Maryland Transportation Authority on June 30, 1997, and who elects membership on or before December 31, 2002;

    (iv) who was employed by the Baltimore City Sheriff's Department on June 30, 1997, and who elects membership on or before December 31, 2002;

    (v) who was employed by the University System of Maryland Police Force on June 30, 1999, and who elects membership on or before December 31, 2002;

    (vi) who is employed by a participating governmental unit on the effective date of participation:

      (1) on or after July 1, 1999, but before July 1, 2017, for that participating governmental unit and who elects membership within 6 months of the effective date of participation; or

      (2) on or after July 1, 2017, for that participating governmental unit and who elects membership before the effective date of participation;

    (vii) who was employed by the Maryland Port Administration Police Force and was subsequently transferred to and employed by the Maryland Transportation Authority Police Force on July 1, 1998, and who elects membership on or before December 31, 2002;

    (viii) who was employed by the office of the State Fire Marshal on June 30, 1998, and who elects membership on or before December 31, 2002;

    (ix) who was employed by the Morgan State University Police Force on June 30, 1999, and who elects membership on or before December 31, 2002;

    (x) who was employed by the BWI Airport Fire & Rescue Department on June 30, 2000, and who elects membership on or before December 31, 2002;

    (xi) who was employed by the Department of General Services, Maryland Department of Health, or Motor Vehicle Administration on June 30, 2000, and who elects membership on or before December 31, 2002;

    (xii) who was employed by the Military Department as a firefighter at Martin State Airport on June 30, 2001, and who elects membership on or before December 31, 2002;

    (xiii) who was employed on June 30, 2002, by the Division of Rehabilitation Services in the Department of Education as a police officer certified in accordance with the Maryland Police and Correctional Training Commissions, and who elects membership on or before December 31, 2002;

    (xiv) who was employed on June 30, 2004, by the Salisbury Fire Department as a firefighter or paramedic and who elects membership on or before December 31, 2004, if eligible under Title 31, Subtitle 2A of this article;

    (xv) who was employed on June 30, 2005, by the Department of State Police as an aviator operating an aircraft for the State Emergency Medical System, and who elects membership on or before December 31, 2005;

    (xvi) who was employed by the Military Department as a law enforcement officer at Martin State Airport on June 30, 2007, and who elects membership on or before December 31, 2007;

    (xvii) who was a member of the Department of Public Safety and Correctional Services Intelligence and Investigative Division who has powers granted to a police officer under Sec. 10-701 of the Correctional Services Article on June 30, 2007, and who elects membership on or before December 31, 2007;

    (xviii) who was employed on July 1, 2008, as a police officer by the Baltimore City Community College Police Force and who elects membership on or before December 31, 2008; or

    (xix) who was an employee of the Warrant Apprehension Unit, formerly of the Division of Parole and Probation in the Department of Public Safety and Correctional Services, who had powers granted to a peace officer or police officer under the former Sec. 6-106 of the Correctional Services Article on June 30, 2015, and who elected membership on or before December 31, 2015.

  (2) To elect to be a member of the Law Enforcement Officers' Pension System, an individual shall file a written application with the State Retirement Agency on a form that the State Retirement Agency provides.

  (3)

    (i) An election to join the Law Enforcement Officers' Pension System under this subsection is a one-time, irrevocable election.

    (ii) If an individual does not elect membership during the applicable period specified under paragraph (1) of this subsection, the individual may not subsequently become a member of the Law Enforcement Officers' Pension System.

#### Section 26-203

Membership continues for a member who is:

(1) on leave of absence approved by the Board of Trustees; or

(2) in military service within the periods specified in Title 38 of this article.

#### Section 26-203.1

(a) For members who transfer from the Employees' Pension System or the Employees' Retirement System, the Board of Trustees shall transfer to the accumulation fund of the Law Enforcement Officers' Pension System the employer contributions that were made to the Employees' Retirement System and the Employees' Pension System on behalf of those members who transferred, plus the interest earned on those contributions through the date of transfer.

(b) For those full-time employees of the BWI Airport Fire & Rescue Department who were employed on or after October 1, 1993, and who elect membership in the Law Enforcement Officers' Pension System on or before December 31, 2000, the Board of Trustees shall transfer to the accumulation fund of the Law Enforcement Officers' Pension System the employer contributions made to the Employees' Retirement System and the Employees' Pension System on behalf of those transferring members, plus the interest earned on those contributions through the date of transfer.

(c)

  (1) For members who transfer from a local pension system, the local pension system shall transfer to the Board of Trustees the employer contributions that were made to the local pension system on behalf of those members who transferred, plus the interest earned on those contributions through the date of transfer.

  (2) The Board of Trustees shall deposit any funds transferred under paragraph (1) of this subsection in the accumulation fund of the Law Enforcement Officers' Pension System.

(d)

  (1) On or before January 1, 2006, for members who transfer from the Maryland Transit Administration Pension System established under Sec. 7-603 of the Transportation Article, the Maryland Transit Administration shall transfer to the Board of Trustees the employer contributions made to the pension system established under Sec. 7-603 of the Transportation Article on behalf of those members who transfer, plus the interest earned on those contributions through July 1, 2005.

  (2) The Board of Trustees shall deposit any funds transferred under paragraph (1) of this subsection in the accumulation fund of the Law Enforcement Officers' Pension System.

(e)

  (1) This subsection applies to members of the Department of Public Safety and Correctional Services Intelligence and Investigative Division who:

    (i) have the powers granted to a police officer under Sec. 10-701 of the Correctional Services Article; and

    (ii) transfer to the Law Enforcement Officers' Pension System on or before December 31, 2007.

  (2) The Board of Trustees shall transfer to the accumulation fund of the Law Enforcement Officers' Pension System the employer contributions made to the Correctional Officers' Retirement System or the Employees' Pension System on behalf of those members under paragraph (1) of this subsection, plus the interest earned on those contributions through the date of transfer.

(f)

  (1) This subsection applies to a member of the Warrant Apprehension Unit, formerly of the Division of Parole and Probation in the Department of Public Safety and Correctional Services, who:

    (i) had the powers granted to a peace officer or police officer under the former Sec. 6-106 of the Correctional Services Article; and

    (ii) transferred to the Law Enforcement Officers' Pension System on or before December 31, 2015.

  (2) The Board of Trustees shall transfer to the accumulation fund of the Law Enforcement Officers' Pension System the employer contributions made to the Employees' Pension System on behalf of those members under paragraph (1) of this subsection, plus the interest earned on those contributions through the date of transfer.

#### Section 26-203.2

(a) This section applies to a member of the Maryland Transit Administration Police Force who:

  (1) has the powers granted to a police officer under Sec. 7-207 of the Transportation Article; and

  (2) transfers to the Law Enforcement Officers' Pension System on or before December 31, 2005.

(b) Before the transfer of a member to the Law Enforcement Officers' Pension System, the Maryland Transit Administration shall perform all calculations and compile all necessary information and documentation as directed or required by the State Retirement and Pension System for the transfer of each individual account.

(c)

  (1) At least 60 days before transferring to the Law Enforcement Officers' Pension System, a member of the Maryland Transit Administration Police Force may elect to pay all or a portion of the member contribution that would have been paid by a member of the Law Enforcement Officers' Pension System for the period of time the member of the Maryland Transit Administration Police Force was employed with the Maryland Transit Administration from July 1, 2000, through December 31, 2005.

  (2) A member who elects to pay all or a portion of the member contributions under paragraph (1) of this subsection, shall pay the Maryland Transit Administration in accordance with subsection (e)(1) of this section.

  (3) The member shall complete and file with the Maryland Transit Administration a form stating the member's intent to pay all or a portion of the member contributions under this subsection.

  (4) The Maryland Transit Administration shall coordinate and manage the member's election to pay all or a portion of the member contributions under this subsection.

(d) If a member elects not to pay all or a portion of the member contributions as provided in subsection (c) of this section:

  (1) the Maryland Transit Administration may not pay any amount of member contributions due for prior service credit for that member to the Board of Trustees; and

  (2) on retirement from the Law Enforcement Officers' Pension System, the member's retirement allowance shall be reduced by the actuarial equivalent of the member contributions that would have been deducted if the member had earned the service credit under the Law Enforcement Officers' Pension System, including interest on those contributions.

(e)

  (1) If a member elects to pay for all or a portion of the member contributions as provided in subsection (d) of this section, the member shall pay the Maryland Transit Administration 4% of the member's Maryland Transit Administration annual salary on February 23, 2005, multiplied by 50% of the member's number of years of service, including partial years, from July 1, 2000, through July 1, 2005.

  (2) Payments made under this subsection shall begin the first pay period of 2006 and continue until the total amount owed by the member is paid.

  (3) The Maryland Transit Administration shall administer and manage the payments as follows:

    (i) the member shall pay to the Maryland Transit Administration, through payroll deductions, the sum of $30 per week until the amount as calculated by the Maryland Transit Administration is paid;

    (ii) the member shall pay the Maryland Transit Administration any remaining balance due at the time of separation from service with the Maryland Transit Administration; and

    (iii) any amount remaining to be paid by a member who dies while still employed by the Maryland Transit Administration shall be forgiven by the Maryland Transit Administration.

  (4) For a member who elects to pay a portion of the member contributions under this section, the State Retirement and Pension System shall bill the Maryland Transit Administration, and the Maryland Transit Administration shall pay, the entire amount of member contributions due for the period of July 1, 2000, through July 1, 2005, including interest, no later than January 1, 2006, as specified by the State Retirement and Pension System.

(f)

  (1) If a member participated in the Maryland Transit Administration's Supplemental Pension Plan in addition to the Maryland Transit Administration's Pension System, the member's retirement allowance shall be reduced by the set-off amount that was fixed upon termination of the Supplemental Pension Plan in December 2003.

  (2) The Maryland Transit Administration shall provide the names and set-off amounts for all members to the State Retirement and Pension System at the time of retirement.

#### Section 26-203.3

(a) This section applies to members of the Department of Public Safety and Correctional Services Intelligence and Investigative Division who:

  (1) have the powers granted to a police officer under Sec. 10-701 of the Correctional Services Article; and

  (2) transfer to the Law Enforcement Officers' Pension System on or before December 31, 2007.

(b) A member shall deposit in the annuity savings fund of the Law Enforcement Officers' Pension System contributions at the rate of 4% of the individual's earnable compensation after July 1, 2000, including regular interest on the contributions at the rate of 5% per year compounded annually.

#### Section 26-203.4

(a) This section applies to an employee of the Warrant Apprehension Unit, formerly of the Division of Parole and Probation in the Department of Public Safety and Correctional Services, who:

  (1) had the powers granted to a peace officer or police officer under the former Sec. 6-106 of the Correctional Services Article; and

  (2) transferred to the Law Enforcement Officers' Pension System on or before December 31, 2015.

(b) A member shall deposit in the annuity savings fund of the Law Enforcement Officers' Pension System:

  (1) contributions at the rates specified under Sec. 26-204 of this subtitle; and

  (2) regular interest on the contributions required under item (1) of this subsection at the rate of 5% per year compounded annually.

(c)

  (1) The Board of Trustees shall transfer a member's accumulated contributions from the annuity savings fund of the Employees' Pension System to the annuity savings fund of the Law Enforcement Officers' Pension System.

  (2) The amount a member is required to deposit under subsection (b) of this section shall be reduced by the amount of accumulated contributions transferred under this subsection.

#### Section 26-204

(a)

  (1) Except as provided in subsection (b) of this section, a member's contribution rate is:

    (i) 4% of the member's earnable compensation received before July 1, 2011;

    (ii) 6% of the member's earnable compensation received from July 1, 2011, to June 30, 2012, both inclusive; and

    (iii) 7% of the member's earnable compensation received on or after July 1, 2012.

  (2) Notwithstanding paragraph (1) of this subsection, after 32 years and 6 months of service as a member, a member does not make any further contributions.

(b)

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

    (i) transferred to the Law Enforcement Officers' Pension System from the Employees' Retirement System on or after January 1, 2001, and on or before December 31, 2004; or

    (ii)

      (1) transferred to the Law Enforcement Officers' Pension System from the Employees' Retirement System on or before December 31, 2000; and

      (2) did not elect to participate in the Law Enforcement Officers' Modified Pension Benefit on or before December 31, 2000, as provided in Sec. 26-211 of this subtitle.

  (2) The contribution rate for a member who has transferred from the Employees' Retirement System is the rate set under:

    (i) Section 22-214(a) of this article, for a member who had elected Selection A (Additional member contributions) under Sec. 22-219 of this article; or

    (ii) Section 22-214(b) of this article, for a member who had elected Selection B (Limited cost-of-living adjustment) under Sec. 22-220 of this article.

#### Section 26-205

(a) Except as provided in subsection (b) of this section, regular interest is payable on member contributions until retirement or withdrawal of accumulated contributions at the rate of:

  (1) 4% a year, compounded annually, for a member who has transferred from the Employees' Retirement System on or before December 31, 2004; or

  (2) 5% a year, compounded annually, for each other member.

(b) Except as provided in subsection (c) of this section, no further interest shall be paid on member contributions after membership ends if the former member is not eligible to receive a vested allowance under Title 29, Subtitle 3 of this article.

(c)

  (1) In this subsection, "active member" means a member who is not separated from employment with the State or a participating employer of one of the several systems.

  (2) This subsection applies only to an individual who:

    (i) is a former member of the Law Enforcement Officers' Pension System;

    (ii) is not eligible to receive a vested allowance from the Law Enforcement Officers' Pension System under Title 29, Subtitle 3 of this article;

    (iii) has not withdrawn the individual's member contributions from the Law Enforcement Officers' Pension System; and

    (iv) is an active member of one of the several systems.

  (3) An individual described in paragraph (2) of this subsection shall receive regular interest at the rate described under subsection (a) of this section on the individual's member contributions in a nonvested account in the Law Enforcement Officers' Pension System while the individual is an active member of one of the several systems.

#### Section 26-206

Membership ends if the member:

(1) is separated from employment for more than 4 years;

(2) withdraws the member's accumulated contributions;

(3) becomes a retiree; or

(4) dies.

#### Section 26-206.1

(a) This section applies to an individual who:

  (1) on or before June 30, 2011, was a member of the Law Enforcement Officers' Pension System;

  (2)

    (i) is separated from employment for 4 years or less;

    (ii)

      (1) is separated from employment for military service that meets the requirements of the federal Uniformed Services Employment and Reemployment Rights Act; and

      (2) resumes employment within 1 year of leaving military service in a position that is included in the Correctional Officers' Retirement System; or

    (iii) is separated from employment with the minimum eligibility service needed to be eligible for a vested allowance under Title 29, Subtitle 3 of this article;

  (3) does not withdraw the member's accumulated contributions; and

  (4) does not become a retiree.

(b) An individual described in subsection (a) of this section who resumes employment in a position that is included in the Law Enforcement Officers' Pension System is subject to the same requirements to which an individual who was a member of the Law Enforcement Officers' Pension System on June 30, 2011, and remains a member on July 1, 2011, is subject.

#### Section 26-207

If an individual was a member of any one of the several systems on June 30, 2011, and without incurring a break in employment of more than 30 days, becomes a member of the Law Enforcement Officers' Pension System on or after July 1, 2011, the individual:

(1) shall be considered to be a new member of the Law Enforcement Officers' Pension System as of the date the individual joins the system; and

(2) is subject to the same requirements to which an individual who was a member of the Law Enforcement Officers' Pension System on June 30, 2011, and remains a member on July 1, 2011, is subject.

#### Section 26-209

(a) Except as provided in subsection (b) of this section, this Part II of this subtitle applies to an individual who is a member of the Law Enforcement Officers' Pension System.

(b) This Part II of this subtitle does not apply to an individual who:

  (1) is a member of the Law Enforcement Officers' Pension System;

  (2) transferred to the Law Enforcement Officers' Pension System from the Employees' Retirement System; and

  (3) did not elect to participate in the Contributory Law Enforcement Officers' Modified Pension Benefit as provided in Sec. 26-211 of this subtitle.

#### Section 26-210

(a) A member who is subject to this Part II of this subtitle shall:

  (1) receive an allowance for all creditable service as follows:

    (i) for normal service retirement as provided in Sec. 26-401(b) of this title;

    (ii) for ordinary disability retirement as provided in Sec. 29-108 of this article; and

    (iii) for accidental disability retirement as provided in Sec.Sec. 29-109(c) and 29-110 of this article;

  (2) have the allowance adjusted as provided in Sec.Sec. 29-401, 29-402, 29-406, and 29-408 of this article; and

  (3) make member contributions at the rate specified in Sec. 26-204(a) of this subtitle.

(b) A member who is not subject to this Part II of this subtitle shall receive an allowance for accidental disability retirement as provided in Sec.Sec. 29-109(c) and 29-110 of this article.

#### Section 26-211

(a) This section applies only to a member of the Law Enforcement Officers' Pension System who transferred to the Law Enforcement Officers' Pension System from the Employees' Retirement System.

(b) On or before December 31, 2000, a member may elect to participate in the Law Enforcement Officers' Modified Pension Benefit under this part by submitting an election on a form provided by the State Retirement Agency.

(c)

  (1) An election by a member under this section is irrevocable.

  (2) Subject to Sec. 26-401(a)(2) of this title, an election by a member under this section shall be effective on the date that it is filed with the State Retirement Agency.

  (3) The Board of Trustees may not accept an election to participate in the Law Enforcement Officers' Modified Pension Benefit that is filed with the State Retirement Agency after 5 p.m. on December 29, 2000.

#### Section 26-212

A member of the Law Enforcement Officers' Pension System who did not elect to participate in the Law Enforcement Officers' Modified Pension Benefit as provided in Sec. 26-211 of this subtitle, shall receive each benefit enhancement added on or after July 1, 2001, to the Law Enforcement Officers' Modified Pension Benefit.

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Md. Code Ann., State Pers. & Pens. (as displayed at mgaleg.maryland.gov, October 16, 2026)