<section article="gsp" article_name="State Personnel and Pensions" number="28-101" title_number="28" title_name="Local Fire and Police System" subtitle_number="1" subtitle_name="General Provisions"> <text>This title applies to the Local Fire and Police System.</text> </section> <section article="gsp" article_name="State Personnel and Pensions" number="28-102" title_number="28" title_name="Local Fire and Police System" subtitle_number="1" subtitle_name="General Provisions"> <text>Except as otherwise provided in this title, the operation of the Local Fire and Police System shall be the same as the operation of the Employees’ Pension System.</text> </section> <section article="gsp" article_name="State Personnel and Pensions" number="28-201" title_number="28" title_name="Local Fire and Police System" subtitle_number="2" subtitle_name="Membership"> <level label="a"> <text>This subtitle applies only to an employee of a participating governmental unit who is:</text> <level label="1"> <text>a law enforcement officer who is certified by the Maryland Police Training and Standards Commission as a law enforcement officer; or</text> </level> <level label="2"> <text>a firefighter who is:</text> <level label="i"> <text>a paid firefighter, as determined by the eligible governmental unit; or</text> </level> <level label="ii"> <text>a paid paramedic, as determined by the eligible governmental unit.</text> </level> </level> </level> <level label="b"> <text>This subtitle does not apply to an employee of a participating governmental unit who is a volunteer firefighter or volunteer paramedic.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="28-202" title_number="28" title_name="Local Fire and Police System" subtitle_number="2" subtitle_name="Membership"> <level label="a"> <text>Except as provided in subsection (b) of this section, an individual described in § 28-201 of this subtitle is a member of the Local Fire and Police System as a condition of employment.</text> </level> <level label="b"> <text>Membership in the Local Fire and Police System is optional for an individual who was employed by a participating governmental unit on the date the participating governmental unit begins to participate in the Local Fire and Police System.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="28-203" title_number="28" title_name="Local Fire and Police System" subtitle_number="2" subtitle_name="Membership"> <text>Membership continues for a member who is:</text> <level label="1"> <text>on a leave of absence approved by the Board of Trustees; or</text> </level> <level label="2"> <text>in the military service within the periods specified in Title 38 of this article.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="28-204" title_number="28" title_name="Local Fire and Police System" subtitle_number="2" subtitle_name="Membership"> <level label="a"> <text>Except as provided in subsection (b) of this section, a member’s contribution rate is 5% of the part of the member’s earnable compensation that exceeds the taxable wage base for each year.</text> </level> <level label="b"> <text>The contribution rate for a member who has transferred from the Employees’ Retirement System is 7% of the member’s earnable compensation.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="28-205" title_number="28" title_name="Local Fire and Police System" subtitle_number="2" subtitle_name="Membership"> <level label="a"> <text>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:</text> <level label="1"> <text>4% a year, compounded annually, for a member who has transferred from the Employees’ Retirement System; or</text> </level> <level label="2"> <text>5% a year, compounded annually, for each other member.</text> </level> </level> <level label="b"> <text>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.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="28-206" title_number="28" title_name="Local Fire and Police System" subtitle_number="2" subtitle_name="Membership"> <text>Membership ends if the member is separated from employment for more than 4 years.</text> </section> <section article="gsp" article_name="State Personnel and Pensions" number="28-301" title_number="28" title_name="Local Fire and Police System" subtitle_number="3" subtitle_name="Service Credit"> <text>A member of the Local Fire and Police System is entitled to:</text> <level label="1"> <text>eligibility service as provided in §§ 28-302 through 28-307 of this subtitle; and</text> </level> <level label="2"> <text>creditable service as provided in § 28-308 of this subtitle.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="28-302" title_number="28" title_name="Local Fire and Police System" subtitle_number="3" subtitle_name="Service Credit"> <level label="a"> <text>Subject to subsection (b) of this section, a member is entitled to eligibility service for periods of employment while a member of the Local Fire and Police System.</text> </level> <level label="b"> <level label="1"> <text>If a member completes at least 500 hours of employment while a member in any fiscal year, the member is entitled to 1 year of eligibility service.</text> </level> <level label="2"> <text>Except in the first and last fiscal years, a member may not receive any eligibility service for a fiscal year in which the member completes less than 500 hours of employment while a member.</text> </level> <level label="3"> <text>In the first and last fiscal years, if a member completes less than 500 hours of employment while a member, the Board of Trustees shall prorate the eligibility service based on the number of hours worked.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="28-303" title_number="28" title_name="Local Fire and Police System" subtitle_number="3" subtitle_name="Service Credit"> <level label="a"> <text>In this section, “break in service” means a period of separation from employment in a fiscal year after the one in which a member first becomes employed, if during that fiscal year the member does not complete more than 350 hours of employment while a member.</text> </level> <level label="b"> <text>A former member is entitled to the eligibility service to which the former member was entitled before the separation from employment if:</text> <level label="1"> <text>the former member has not incurred a break in service;</text> </level> <level label="2"> <text>the former member was entitled to a vested allowance at the time of separation from employment; or</text> </level> <level label="3"> <level label="i"> <text>the former member has completed 1 year of eligibility service after a break in service; and</text> </level> <level label="ii"> <text>the number of consecutive years in which the member incurred a break in service is less than the years of eligibility service as a member before the break in service.</text> </level> </level> </level> <level label="c"> <text>To determine if a former member is eligible for prior eligibility service under subsection (b)(3)(ii) of this section, the Board of Trustees shall determine the number of years of prior eligibility service:</text> <level label="1"> <text>as of the day the former member separated from employment; but</text> </level> <level label="2"> <text>excluding any eligibility service lost because of a prior break in service.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="28-304" title_number="28" title_name="Local Fire and Police System" subtitle_number="3" subtitle_name="Service Credit"> <text>A member is entitled to eligibility service that equals:</text> <level label="1"> <text>the member’s service credit transferred from a retirement or pension system under Title 37 of this article; and</text> </level> <level label="2"> <text>the member’s service credit transferred from a retirement or pension system on or before December 31, 2005.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="28-305" title_number="28" title_name="Local Fire and Police System" subtitle_number="3" subtitle_name="Service Credit"> <text>A member is entitled to eligibility service equal to the military service credit granted under Title 38 of this article.</text> </section> <section article="gsp" article_name="State Personnel and Pensions" number="28-306" title_number="28" title_name="Local Fire and Police System" subtitle_number="3" subtitle_name="Service Credit"> <level label="a"> <text>A member is entitled to eligibility service during a leave of absence if the leave of absence:</text> <level label="1"> <text>is approved by the Board of Trustees under regulations that apply to all members similarly situated; and</text> </level> <level label="2"> <text>is not otherwise recognized as eligibility service under this subtitle.</text> </level> </level> <level label="b"> <text>To receive service credit for a leave of absence described under subsection (a) of this section, a member shall pay the member contributions with regular interest, if any, as determined by the Board of Trustees under regulations that apply to all members similarly situated.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="28-306.1" title_number="28" title_name="Local Fire and Police System" subtitle_number="3" subtitle_name="Service Credit"> <level label="a"> <text>Except as provided in subsection (b) of this section, a member may not purchase service credit under this title if the member is separated from employment.</text> </level> <level label="b"> <text>A member who is separated from employment may purchase service credit under this title for a leave of absence approved by the Board of Trustees under regulations that apply to all members, if the member purchases the service credit within 60 days after the expiration of the leave of absence.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="28-307" title_number="28" title_name="Local Fire and Police System" subtitle_number="3" subtitle_name="Service Credit"> <level label="a"> <level label="1"> <text>In the year of retirement, a member may purchase service credit for eligibility service of up to 10 years for periods of employment for which the member:</text> <level label="i"> <text>would have been entitled to purchase service credit under the Employees’ Pension System; and</text> </level> <level label="ii"> <text>is not otherwise entitled to service credit under the Local Fire and Police System.</text> </level> </level> <level label="2"> <text>To purchase service credit under this section, a member must:</text> <level label="i"> <text>complete a claim for the service credit and file it with the Board of Trustees on the form that the Board of Trustees provides; and</text> </level> <level label="ii"> <text>pay to the Board of Trustees an amount equal to the annuity reserve and pension reserve required to fund the additional allowance.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>A member may purchase credit for eligibility service for previous service in a position described in § 23-204(a) of this article.</text> </level> <level label="2"> <text>To purchase the service credit, the member must pay, in a single payment, the contributions, with interest, that the Board of Trustees considers appropriate.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="28-308" title_number="28" title_name="Local Fire and Police System" subtitle_number="3" subtitle_name="Service Credit"> <level label="a"> <text>For the purpose of computing benefits under this title, creditable service consists of:</text> <level label="1"> <text>eligibility service as adjusted under subsection (b) of this section; and</text> </level> <level label="2"> <text>credit for unused sick leave as provided in § 20-206 of this article.</text> </level> </level> <level label="b"> <level label="1"> <text>This subsection does not apply to eligibility service that consists of:</text> <level label="i"> <text>service credit transferred from another retirement or pension system;</text> </level> <level label="ii"> <text>military service credit granted under Title 38 of this article; or</text> </level> <level label="iii"> <text>service credit purchased under this subtitle.</text> </level> </level> <level label="2"> <text>The Board of Trustees shall adjust a member’s eligibility service as provided in this subsection.</text> </level> <level label="3"> <level label="i"> <text>The Board of Trustees shall adopt regulations to determine for any fiscal year the amount of creditable service that equals the eligibility service for a member who has completed less than the normal hours of employment for the member’s position.</text> </level> <level label="ii"> <text>The normal hours of employment for a position equals the minimum number of hours to be completed by a full-time employee serving in the member’s position.</text> </level> <level label="iii"> <text>The creditable service recognized for a fiscal year may not be less than the eligibility service for the member multiplied by a fraction, not to exceed one, that has:</text> <level label="1"> <text>as its numerator, the number of hours of employment as a member that the member has completed during that year; and</text> </level> <level label="2"> <text>as its denominator, the normal number of hours for the member’s position.</text> </level> </level> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="28-401" title_number="28" title_name="Local Fire and Police System" subtitle_number="4" subtitle_name="Service Retirement Benefits"> <level label="a"> <level label="1"> <text>Subject to paragraphs (2) and (3) of this subsection, a member may retire with a normal service retirement allowance if, on or before the date of retirement, the member:</text> <level label="i"> <text>has at least 25 years of eligibility service;</text> </level> <level label="ii"> <text>is at least 62 years old; or</text> </level> <level label="iii"> <text>is at least 60 years old and has transferred to the Local Fire and Police System from the Employees’ Retirement System.</text> </level> </level> <level label="2"> <text>To retire under this subsection, a member shall complete and submit a written application to the Board of Trustees on the form that the Board of Trustees provides stating the date when the member desires to retire.</text> </level> <level label="3"> <text>A member may not retire before the first day of the month after employment ends.</text> </level> </level> <level label="b"> <text>Except as provided in subsections (c) and (d) of this section, on retirement under this section, a member is entitled to receive a normal service retirement allowance that equals the number of years of the member’s creditable service multiplied by:</text> <level label="1"> <text>1% of the member’s average final compensation that is not in excess of the Social Security integration level; and</text> </level> <level label="2"> <level label="1"> <text>5% of the member’s average final compensation that exceeds the Social Security integration level.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>This subsection applies to a member:</text> <level label="i"> <text>who has not transferred from the Employees’ Retirement System; and</text> </level> <level label="ii"> <text>whose employer does not contribute to Social Security.</text> </level> </level> <level label="2"> <text>On retirement under this section, a member is entitled to receive a normal service retirement allowance that equals the number of years of the member’s creditable service multiplied by 1.5% of the member’s average final compensation.</text> </level> </level> <level label="d"> <level label="1"> <text>This subsection applies to a member who has transferred from the Employees’ Retirement System.</text> </level> <level label="2"> <text>On retirement under this section, a member is entitled to receive a normal service retirement allowance that equals:</text> <level label="i"> <text>2% of the member’s average final compensation multiplied by each year of the member’s first 30 years of creditable service; and</text> </level> <level label="ii"> <text>1% of the member’s average final compensation multiplied by each year of creditable service in excess of 30 years.</text> </level> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="28-402" title_number="28" title_name="Local Fire and Police System" subtitle_number="4" subtitle_name="Service Retirement Benefits"> <level label="a"> <text>Except as provided in subsection (g) of this section, an individual who is receiving a service retirement allowance or vested allowance may accept employment with a participating employer on a permanent, temporary, or contractual basis, without any reduction in the allowance, if:</text> <level label="1"> <text>the individual immediately notifies the Board of Trustees of the individual’s intention to accept the employment; and</text> </level> <level label="2"> <text>the individual specifies the compensation to be received.</text> </level> </level> <level label="b"> <level label="1"> <text>The Board of Trustees shall reduce the allowance of an individual who accepts employment as provided under subsection (a) of this section if the individual’s current employer is a participating employer other than the State and is the same participating employer that employed the individual at the time of the individual’s last separation from employment with a participating employer before the individual commenced receiving a service retirement allowance or vested allowance.</text> </level> <level label="2"> <text>The reduction required under paragraph (1) of this subsection shall equal the amount that the sum of the individual’s initial annual basic allowance and the individual’s annual compensation exceeds the average final compensation used to compute the basic allowance.</text> </level> <level label="3"> <text>Except for an individual whose allowance is subject to a reduction as provided under paragraph (1) of this subsection, the reduction of an allowance under this subsection does not apply to:</text> <level label="i"> <text>an individual whose average final compensation was less than $25,000 and who is reemployed on a temporary or contractual basis;</text> </level> <level label="ii"> <text>an individual who is serving in an elected position as an official of a participating governmental unit or as a constitutional officer for a county that is a participating governmental unit; or</text> </level> <level label="iii"> <text>an individual who has been retired for 5 years, beginning on January 1 after the date the individual retires.</text> </level> </level> </level> <level label="c"> <text>An individual who is receiving a service retirement allowance or a vested allowance and who is reemployed by a participating employer may not receive creditable service or eligibility service during the period of reemployment.</text> </level> <level label="d"> <text>The individual’s compensation during the period of reemployment may not be subject to the employer pickup provisions of § 21-303 of this article or any reduction or deduction as a member contribution for pension or retirement purposes.</text> </level> <level label="e"> <text>The State Retirement Agency shall institute appropriate reporting procedures with the affected payroll systems to ensure compliance with this section.</text> </level> <level label="f"> <level label="1"> <text>Immediately on the employment of any individual receiving a service retirement allowance or a vested allowance, a participating employer shall notify the State Retirement Agency of the type of employment and the anticipated earnings of the individual.</text> </level> <level label="2"> <text>At least once each year, in a format specified by the State Retirement Agency, each participating employer shall provide the State Retirement Agency with a list of all employees included on any payroll of the employer, the Social Security numbers of the employees, and their earnings for that year.</text> </level> </level> <level label="g"> <text>An individual who is receiving a service retirement allowance under this title may not be employed by the State or other participating employer on a permanent, temporary, or contractual basis within 45 days of the date the individual retired.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="28-403" title_number="28" title_name="Local Fire and Police System" subtitle_number="4" subtitle_name="Service Retirement Benefits"> <text>A member may be entitled to benefits under Title 29 of this article other than, or in addition to, the benefits provided under this subtitle.</text> </section>