<section article="gsp" article_name="State Personnel and Pensions" number="31-101" title_number="31" title_name="Participating Governmental Units" subtitle_number="1" subtitle_name="Participation in Employees' Systems"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Agency on aging” means:</text> <level label="1"> <text>an area agency on aging;</text> </level> <level label="2"> <text>the Dorchester County Commission on Aging, Inc.;</text> </level> <level label="3"> <text>the Somerset County Commission on Aging, Inc.;</text> </level> <level label="4"> <text>the Washington County Commission on Aging, Inc.; and</text> </level> <level label="5"> <text>the Worcester County Commission on Aging, Inc.</text> </level> </level> <level label="c"> <text>“Effective date” means the date that an eligible governmental unit commenced or commences participation in an employees’ system.</text> </level> <level label="d"> <text>“Eligible governmental unit” means a governmental unit that is eligible to participate in the employees’ systems under § 31-102 of this subtitle.</text> </level> <level label="e"> <level label="1"> <text>“Employee” means a regular employee of an eligible governmental unit.</text> </level> <level label="2"> <text>“Employee” includes an officer of an eligible governmental unit.</text> </level> <level label="3"> <text>“Employee” does not include a contractual, emergency, or temporary extra employee.</text> </level> </level> <level label="f"> <text>“Employees’ system” means the Employees’ Retirement System or the Employees’ Pension System.</text> </level> <level label="g"> <level label="1"> <text>“Legislative body” means the entity with legislative authority or control over an eligible governmental unit.</text> </level> <level label="2"> <text>“Legislative body” includes:</text> <level label="i"> <text>a board of county commissioners;</text> </level> <level label="ii"> <text>a county council;</text> </level> <level label="iii"> <text>the legislative body of a municipal corporation;</text> </level> <level label="iv"> <text>for a community action agency, a governing body as defined in § 8-101 of the Housing and Community Development Article;</text> </level> <level label="v"> <text>for an agency on aging:</text> <level label="1"> <text>the legislative body of the county that the agency on aging represents; or</text> </level> <level label="2"> <text>for an area agency on aging that represents more than one county, the legislative body of each of the counties included in the jurisdiction of the area agency on aging;</text> </level> </level> <level label="vi"> <text>for the University of Maryland Medical System Corporation, the Board of Directors of the corporation; and</text> </level> <level label="vii"> <text>for the Garrett County Office for Children, Youth and Families, the Board of County Commissioners for Garrett County.</text> </level> </level> </level> <level label="h"> <level label="1"> <text>“Local plan” means a plan or any other arrangement of an eligible governmental unit that is described in § 219(g)(5) of the Internal Revenue Code.</text> </level> <level label="2"> <text>“Local plan” does not include a plan established under § 457 of the Internal Revenue Code.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-102" title_number="31" title_name="Participating Governmental Units" subtitle_number="1" subtitle_name="Participation in Employees' Systems"> <text>Subject to § 22–202(b) of this article and § 31–109 of this subtitle, the governmental units that are eligible to participate in the employees’ systems are:</text> <level label="1"> <text>a political subdivision of the State, including:</text> <level label="i"> <text>a county;</text> </level> <level label="ii"> <text>a municipal corporation; and</text> </level> <level label="iii"> <text>a special taxing area; and</text> </level> </level> <level label="2"> <text>the following governmental units:</text> <level label="i"> <text>an agency on aging, as designated by the legislative body of the agency on aging;</text> </level> <level label="ii"> <text>the Allegany County Transit Authority;</text> </level> <level label="iii"> <text>subject to § 31–104 of this subtitle, the Baltimore Metropolitan Council;</text> </level> <level label="iv"> <text>a board or commission created by an Act of the General Assembly for public purpose and not for the profit of a private person;</text> </level> <level label="v"> <text>subject to § 31–105 of this subtitle, the Canal Place Preservation and Development Authority;</text> </level> <level label="vi"> <text>the Chesapeake Bay Commission;</text> </level> <level label="vii"> <text>a cooperative library commission;</text> </level> <level label="viii"> <text>subject to § 31–103 of this subtitle, a community action agency, as designated by the legislative body of the community action agency;</text> </level> <level label="ix"> <text>a fire department that receives any of its funds from or through a county, municipal corporation, special taxing area, or other political subdivision of the State;</text> </level> <level label="x"> <text>the Health Planning Council of Appalachia;</text> </level> <level label="xi"> <text>the Howard County Economic Development Authority;</text> </level> <level label="xii"> <text>the Interstate Commission on the Potomac River Basin;</text> </level> <level label="xiii"> <text>the Lower Shore Private Industry Council, Inc.;</text> </level> <level label="xiv"> <text>the Maryland Environmental Service;</text> </level> <level label="xv"> <text>subject to § 31–106 of this subtitle, the Maryland Stadium Authority;</text> </level> <level label="xvi"> <text>a public library association or organization;</text> </level> <level label="xvii"> <text>subject to § 31–106.2 of this subtitle, the St. Mary’s Nursing Center, Inc.;</text> </level> <level label="xviii"> <text>the Tri–County Council for Western Maryland, Inc.;</text> </level> <level label="xix"> <text>the Tri–County Council for Southern Maryland;</text> </level> <level label="xx"> <text>subject to § 31–107 of this subtitle, the University of Maryland Medical System Corporation;</text> </level> <level label="xxi"> <text>the Upper Potomac River Commission;</text> </level> <level label="xxii"> <text>subject to § 31–106.1 of this subtitle, the Maryland African American Museum Corporation;</text> </level> <level label="xxiii"> <text>the Garrett County Office for Children, Youth and Families;</text> </level> <level label="xxiv"> <text>the Somerset County Economic Development Commission; and</text> </level> <level label="xxv"> <text>the Dorchester County Sanitary Commission.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-103" title_number="31" title_name="Participating Governmental Units" subtitle_number="1" subtitle_name="Participation in Employees' Systems"> <text>A legislative body may not designate more than one community action agency as an eligible governmental unit.</text> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-104" title_number="31" title_name="Participating Governmental Units" subtitle_number="1" subtitle_name="Participation in Employees' Systems"> <text>The only employees of the Baltimore Metropolitan Council who are eligible to participate in the employees’ systems under this subtitle are those employees who were members of the Employees’ Retirement System or the Employees’ Pension System as employees of the Baltimore Regional Council of Governments on June 30, 1992.</text> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-105" title_number="31" title_name="Participating Governmental Units" subtitle_number="1" subtitle_name="Participation in Employees' Systems"> <text>The only employees of the Canal Place Preservation and Development Authority who are eligible to participate in the Employees’ Pension System under this subtitle are the Executive Director and the regular full-time employees that are employed by the Canal Place Preservation and Development Authority under § 13-1008(6) of the Financial Institutions Article.</text> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-106" title_number="31" title_name="Participating Governmental Units" subtitle_number="1" subtitle_name="Participation in Employees' Systems"> <text>The only employees of the Maryland Stadium Authority who are eligible to participate in the Employees’ Pension System under this subtitle are the Executive Director of the Stadium Authority and the regular full–time employees employed by the Maryland Stadium Authority under § 10–610 of the Economic Development Article.</text> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-106.1" title_number="31" title_name="Participating Governmental Units" subtitle_number="1" subtitle_name="Participation in Employees' Systems"> <text>The only employees of the Maryland African American Museum Corporation who are eligible to participate in the Employees’ Pension System under this subtitle are the Executive Director and the regular full-time employees employed by the Maryland African American Museum Corporation under § 9-2604 of the State Government Article.</text> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-106.2" title_number="31" title_name="Participating Governmental Units" subtitle_number="1" subtitle_name="Participation in Employees' Systems"> <text>The only employees of the St. Mary’s Nursing Center, Inc. who are eligible to participate in the employees’ systems under this subtitle are those employees who were members of the Employees’ Retirement System or the Employees’ Pension System as employees of the St. Mary’s County Nursing Home on January 17, 1996.</text> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-107" title_number="31" title_name="Participating Governmental Units" subtitle_number="1" subtitle_name="Participation in Employees' Systems"> <text>The only employees of the University of Maryland Medical System Corporation who are eligible to participate in the employees’ systems under this subtitle are employees who were:</text> <level label="1"> <text>members of an employees’ system; and</text> </level> <level label="2"> <level label="i"> <text>employees of the University of Maryland on June 30, 1988, who became Medical System Corporation employees on or before July 1, 1988;</text> </level> <level label="ii"> <text>employees of the University of Maryland System on June 30, 1990, who voluntarily became Medical System Corporation employees on or before July 1, 1991; or</text> </level> <level label="iii"> <text>Montebello University employees as defined in § 13-401(g) of the Education Article who were employees of the University of Maryland on June 30, 1992, and who became employees of the University of Maryland Medical System Corporation in accordance with § 13-404 of the Education Article.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-108" title_number="31" title_name="Participating Governmental Units" subtitle_number="1" subtitle_name="Participation in Employees' Systems"> <text>An employee of Worcester County is not eligible to participate in the employees’ systems under this subtitle if the employee:</text> <level label="1"> <text>is employed by Worcester County on July 1, 1994;</text> </level> <level label="2"> <text>was an employee of the Worcester County Sanitary Commission on October 31, 1993; and</text> </level> <level label="3"> <text>is a member of the Worcester County Sanitary District Pension Plan or its successor.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-109" title_number="31" title_name="Participating Governmental Units" subtitle_number="1" subtitle_name="Participation in Employees' Systems"> <level label="a"> <text>Subject to subsection (b) of this section, the legislative body of an eligible governmental unit may approve participation by its employees in the Employees’ Pension System if:</text> <level label="1"> <text>the legislative body adopts a resolution in the form prescribed by the Board of Trustees; and</text> </level> <level label="2"> <text>the eligible governmental unit operates a local plan, only if:</text> <level label="i"> <text>at least 60% of the members of the local plan petition to become members of the Employees’ Pension System;</text> </level> <level label="ii"> <text>the eligible governmental unit satisfies the requirements in subsection (b) of this section; and</text> </level> <level label="iii"> <text>the legislative body approves participation of the eligible governmental unit in the Employees’ Pension System as though the local plan were not in operation.</text> </level> </level> </level> <level label="b"> <text>An eligible governmental unit that operates a local plan may approve participation by its employees in the Employees’ Pension System only if:</text> <level label="1"> <text>the local plan of the eligible governmental unit requires member contributions at the same rate as the member contribution rate that would be applicable to employees of the eligible governmental unit in the Employees’ Pension System; or</text> </level> <level label="2"> <text>the eligible governmental unit:</text> <level label="i"> <text>does not provide for the employer pickup of member contributions to the local plan within the meaning of § 414(h)(2) of the Internal Revenue Code; and</text> </level> <level label="ii"> <text>certifies that it will not become an approved employer under § 21–313 of this article on or after the effective date of participation.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>If an eligible governmental unit does not satisfy the requirements under subsection (b) of this section, the eligible governmental unit may submit a request to the Board of Trustees to participate in the Employees’ Pension System.</text> </level> <level label="2"> <text>The Board of Trustees shall consider a request made under paragraph (1) of this subsection and determine whether any legislation is necessary to allow the eligible governmental unit to participate in the Employees’ Pension System.</text> </level> <level label="3"> <text>The Board of Trustees shall make recommendations to the Joint Committee on Pensions regarding any legislation that it determines is necessary to allow the eligible governmental unit to participate in the Employees’ Pension System.</text> </level> </level> <level label="d"> <text>An eligible governmental unit that satisfies the requirements under subsection (b) of this section is eligible to participate in the Employees’ Pension System only if the eligible governmental unit makes enrollment available to all eligible employees of the eligible governmental unit.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-109.1" title_number="31" title_name="Participating Governmental Units" subtitle_number="1" subtitle_name="Participation in Employees' Systems"> <level label="a"> <text>Except as provided in subsection (b) of this section, the effective date of participation for an eligible governmental unit is July 1 of the year following the fiscal year in which the eligible governmental unit elects to participate in the Employees’ Pension System.</text> </level> <level label="b"> <level label="1"> <text>If an eligible governmental unit does not provide the Board of Trustees with the necessary documentation to join the Employees’ Pension System on or before the effective date for the eligible governmental unit, the effective date shall be postponed until July 1 of the second year following the fiscal year in which the eligible governmental unit elects to participate in the Employees’ Pension System.</text> </level> <level label="2"> <text>For any employee of an eligible governmental unit who is eligible to elect to participate in the Employees’ Pension System, the necessary documentation under paragraph (1) of this subsection shall include properly completed election forms indicating either that:</text> <level label="i"> <text>the employee intends to participate in the Employees’ Pension System; or</text> </level> <level label="ii"> <text>the employee intends to opt out of participation in the Employees’ Pension System.</text> </level> </level> <level label="3"> <level label="i"> <text>An employee that does not complete the necessary documentation indicating whether the employee intends to participate in or opt out of participation in the Employees’ Pension System is deemed to have elected to participate in the Employees’ Pension System.</text> </level> <level label="ii"> <text>The appointing authority for the employee of the eligible governmental unit that does not complete the necessary documentation indicating whether the employee intends to participate in or opt out of participation in the Employees’ Pension System shall execute and submit an affidavit to the State Retirement Agency stating:</text> <level label="1"> <text>the name of the employee who did not submit the necessary documentation; and</text> </level> <level label="2"> <text>the date when the appointing authority provided the employee with the election form to be completed.</text> </level> </level> <level label="iii"> <text>An affidavit under this paragraph is necessary documentation that an eligible governmental unit is required to submit under this subsection to join the Employees’ Pension System.</text> </level> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-110" title_number="31" title_name="Participating Governmental Units" subtitle_number="1" subtitle_name="Participation in Employees' Systems"> <text>An employee who is a member of the Employees’ Retirement System may:</text> <level label="1"> <text>remain a member of the Employees’ Retirement System; or</text> </level> <level label="2"> <text>transfer to the Employees’ Pension System.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-111" title_number="31" title_name="Participating Governmental Units" subtitle_number="1" subtitle_name="Participation in Employees' Systems"> <level label="a"> <text>Except as provided in subsection (b) of this section and §§ 31–111.1, 31–111.3, 31–111.4, 31–111.5, 31–111.6, 31–111.7, and 31–111.8 of this subtitle, if an employee of a participating governmental unit joins the Employees’ Pension System on the effective date, the employee shall receive 100% service credit for the employee’s employment with the participating governmental unit before the effective date.</text> </level> <level label="b"> <text>If an employee of the Baltimore Metropolitan Council elects to become a member of the Employees’ Retirement System or the Employees’ Pension System, the employee may not receive credit for service from July 1, 1992, to the effective date unless the employee pays to the Board of Trustees the amount of the member contributions the employee would have made during that period, plus regular interest.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-111.1" title_number="31" title_name="Participating Governmental Units" subtitle_number="1" subtitle_name="Participation in Employees' Systems"> <level label="a"> <text>A supportive service employee of the Board of Education of Kent County shall receive service credit for service prior to the effective date in the amount of the employee’s credit, as certified by the Board of Education of Kent County as of the effective date.</text> </level> <level label="b"> <text>If a supportive service employee or former supportive service employee of the Board of Education of Kent County becomes a member of the Employees’ Pension System at any time after the effective date, the employee may not receive service credit for employment with the Board of Education for Kent County before the effective date.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-111.2" title_number="31" title_name="Participating Governmental Units" subtitle_number="1" subtitle_name="Participation in Employees' Systems"> <level label="a"> <text>An employee of the Town of Oakland who was an employee on June 30, 2000, and who remains an employee on June 30, 2003, shall receive additional service credit to equal the total eligibility service and creditable service accrued prior to the effective date that the Town of Oakland began participating in the Employees’ Pension System, as certified by the Town of Oakland.</text> </level> <level label="b"> <text>If an employee or a former employee of the Town of Oakland becomes a member of the Employees’ Pension System at any time after the effective date that the Town of Oakland began participating in the Employees’ Pension System, the employee may not receive service credit for employment with the Town of Oakland before the effective date that the Town of Oakland began participating in the Employees’ Pension System.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-111.3" title_number="31" title_name="Participating Governmental Units" subtitle_number="1" subtitle_name="Participation in Employees' Systems"> <level label="a"> <text>An individual who is an employee of the City of Frostburg on the effective date shall receive eligibility service and creditable service in the Employees’ Pension System equal to one-half of the individual’s period of employment with the City of Frostburg before the effective date, as certified by the City of Frostburg as of the effective date.</text> </level> <level label="b"> <text>If an employee or former employee of the City of Frostburg becomes a member of the Employees’ Pension System at any time after the effective date, the employee may not receive service credit for employment with the City of Frostburg before the effective date.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-111.4" title_number="31" title_name="Participating Governmental Units" subtitle_number="1" subtitle_name="Participation in Employees' Systems"> <level label="a"> <text>An individual who elects membership in the Employees’ Pension System under § 23–204(e) of this article and is an employee of the Town of Berwyn Heights on the effective date shall receive eligibility service and creditable service in the Employees’ Pension System equal to one–third of the individual’s period of employment with the Town of Berwyn Heights before the effective date, as certified by the Town of Berwyn Heights as of the effective date.</text> </level> <level label="b"> <text>If an employee or former employee of the Town of Berwyn Heights becomes a member of the Employees’ Pension System at any time after the effective date, the employee may not receive service credit for employment with the Town of Berwyn Heights before the effective date.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-111.5" title_number="31" title_name="Participating Governmental Units" subtitle_number="1" subtitle_name="Participation in Employees' Systems"> <level label="a"> <level label="1"> <text>An individual who is an employee of the Town of Sykesville on the effective date shall receive eligibility service and creditable service in the Employees’ Pension System equal to 75% of the individual’s period of employment with the Town of Sykesville before the effective date as certified by the Town of Sykesville as of the effective date.</text> </level> <level label="2"> <level label="i"> <text>This paragraph applies only to a member of the Employees’ Pension System who received eligibility service and creditable service in accordance with paragraph (1) of this subsection.</text> </level> <level label="ii"> <text>The Town of Sykesville may purchase additional service credit for each member so that the member’s eligibility service and creditable service for employment with the Town of Sykesville before the effective date of participation is equal to 100% of the member’s period of employment with the Town of Sykesville before the effective date of participation.</text> </level> <level label="iii"> <text>Additional service credit purchased under this paragraph shall be credited to an employee on July 1 of the fiscal year in which the additional service credit is purchased.</text> </level> <level label="iv"> <text>The new entrant valuation that is used to determine the employer contribution for the Town of Sykesville shall be adjusted in the fiscal year in which the purchase of service credit is made to reflect any change in liabilities attributable to the Town of Sykesville resulting from a purchase of service credit under this paragraph.</text> </level> </level> </level> <level label="b"> <text>If an employee or former employee of the Town of Sykesville becomes a member of the Employees’ Pension System at any time after the effective date, the employee may not receive service credit for employment with the Town of Sykesville before the effective date.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-111.6" title_number="31" title_name="Participating Governmental Units" subtitle_number="1" subtitle_name="Participation in Employees' Systems"> <level label="a"> <text>An individual who is an employee of the Town of University Park on the effective date shall receive eligibility service and creditable service in the Employees’ Pension System equal to 70% of the individual’s period of employment with the Town of University Park before the effective date as certified by the Town of University Park as of the effective date.</text> </level> <level label="b"> <text>If an employee or former employee of the Town of University Park becomes a member of the Employees’ Pension System at any time after the effective date, the employee may not receive service credit for employment with the Town of University Park before the effective date.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-111.7" title_number="31" title_name="Participating Governmental Units" subtitle_number="1" subtitle_name="Participation in Employees' Systems"> <level label="a"> <text>Subject to subsection (b) of this section, an employee of the Somerset County Economic Development Commission who was an employee on June 30, 2011, and who remains an employee through the effective date, shall receive additional service credit for eligibility service and creditable service accrued prior to the effective date that the Somerset County Economic Development Commission began participating in the Employees’ Pension System, as certified by the Somerset County Economic Development Commission.</text> </level> <level label="b"> <text>Additional service credit under subsection (a) of this section shall be awarded only for time for which employee contributions were made to the Board of Trustees prior to the effective date that the Somerset County Economic Development Commission began participating in the Employees’ Pension System.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-111.8" title_number="31" title_name="Participating Governmental Units" subtitle_number="1" subtitle_name="Participation in Employees' Systems"> <level label="a"> <text>An individual who elects membership in the Employees’ Pension System under § 23–204(f) of this article and is an employee of the City of College Park on the effective date shall receive eligibility service and creditable service in the Employees’ Pension System equal to 60% of the individual’s period of employment with the City of College Park before the effective date as certified by the City of College Park as of the effective date.</text> </level> <level label="b"> <text>If an employee or a former employee of the City of College Park becomes a member of the Employees’ Pension System at any time after the effective date, the employee may not receive service credit for employment with the City of College Park before the effective date.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-112" title_number="31" title_name="Participating Governmental Units" subtitle_number="1" subtitle_name="Participation in Employees' Systems"> <level label="a"> <text>Subject to subsection (b) of this section, an employee of a participating governmental unit who is a member of one of the employees’ systems is entitled to the benefits to which State employees are entitled under that system.</text> </level> <level label="b"> <level label="1"> <text>An employee of a participating governmental unit that has elected to participate in:</text> <level label="i"> <text>the contributory pension benefit option under § 31-116 of this subtitle shall be subject to Title 23, Subtitle 2, Part II of this article; or</text> </level> <level label="ii"> <text>the Alternate Contributory Pension Selection under § 31-116.1 of this subtitle shall be subject to Title 23, Subtitle 2, Part III of this article.</text> </level> </level> <level label="2"> <text>An employee of a participating governmental unit that has not elected to participate in:</text> <level label="i"> <text>the contributory pension benefit option under § 31-116 of this subtitle is not subject to Title 23, Subtitle 2, Part II of this article; or</text> </level> <level label="ii"> <text>the Alternate Contributory Pension Selection under § 31-116.1 of this subtitle is not subject to Title 23, Subtitle 2, Part III of this article.</text> </level> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-113" title_number="31" title_name="Participating Governmental Units" subtitle_number="1" subtitle_name="Participation in Employees' Systems"> <level label="a"> <text>This section applies only to a local plan that is a qualified plan under § 401(a) of the Internal Revenue Code and provides a defined benefit to its participants.</text> </level> <level label="b"> <text>Except as provided in subsection (c) of this section, the operation of the local plan of an eligible governmental unit terminates on the effective date.</text> </level> <level label="c"> <level label="1"> <text>An eligible governmental unit may elect to continue to operate a local plan after the effective date of participation in the Employees’ Pension System to provide benefits to an individual who:</text> <level label="i"> <text>is receiving benefits from the local plan;</text> </level> <level label="ii"> <text>is eligible to receive benefits from the local plan on account of the individual’s previous employment by the eligible governmental unit; or</text> </level> <level label="iii"> <text>did not elect to join the Employees’ Pension System under § 23–204(a) of this article.</text> </level> </level> <level label="2"> <text>An individual may not be enrolled in the local plan of a participating governmental unit electing to continue to operate its local plan under paragraph (1) of this subsection if the individual becomes employed or is rehired by the participating governmental unit on or after the effective date of participation of the participating governmental unit in the Employees’ Pension System.</text> </level> </level> <level label="d"> <text>The liability for the continuation of benefits under subsection (c) of this section shall be included in the computation of the special accrued liability as provided by § 21–305.3 of this article.</text> </level> <level label="e"> <level label="1"> <text>On the effective date:</text> <level label="i"> <text>the assets to the credit of the local plan of the participating governmental unit that are attributable to the employees of the participating governmental unit who elect to become members of the Employees’ Pension System under § 23–204(a) of this article shall be transferred to the Employees’ Pension System; and</text> </level> <level label="ii"> <text>the trustee or other administrative head of the local plan shall certify the proportion of the funds of the local plan that represents the accumulated contributions of the members as of that date.</text> </level> </level> <level label="2"> <text>The accumulated contributions shall be credited to the respective annuity savings accounts of the members in the Employees’ Pension System.</text> </level> <level label="3"> <text>Any balance of the funds transferred to the Employees’ Pension System shall be offset against the special accrued liability to be funded by the participating governmental unit as provided by § 21–305.3 of this article.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-114" title_number="31" title_name="Participating Governmental Units" subtitle_number="1" subtitle_name="Participation in Employees' Systems"> <text>The chief fiscal officer of each participating governmental unit shall:</text> <level label="1"> <text>submit to the Board of Trustees the information that the Board of Trustees requires; and</text> </level> <level label="2"> <text>with respect to each employee of the participating governmental unit, cause to be performed the duties that would be performed by the head of a State unit employing members of an employees’ system.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-115" title_number="31" title_name="Participating Governmental Units" subtitle_number="1" subtitle_name="Participation in Employees' Systems"> <level label="a"> <text>A participating governmental unit may establish, by law, a separate additional program of interim or supplemental allowances for a class of employees.</text> </level> <level label="b"> <text>A participating governmental unit shall fund any additional program of allowances separately from the funding for benefits provided under this Division II.</text> </level> <level label="c"> <level label="1"> <text>On the written request of a participating governmental unit that desires to establish an additional program authorized under this section, the State Retirement Agency may provide benefit-determination data or other technical assistance.</text> </level> <level label="2"> <text>The State Retirement Agency shall charge the participating governmental unit for the expenses of preparing the data or providing the technical assistance.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-116" title_number="31" title_name="Participating Governmental Units" subtitle_number="1" subtitle_name="Participation in Employees' Systems"> <level label="a"> <text>On or before December 31, 2002, a participating governmental unit may elect to provide its employees with the contributory pension benefit under Title 23 of this article as provided in this section by submitting its election on a form provided by the State Retirement Agency.</text> </level> <level label="b"> <level label="1"> <text>If a participating governmental unit elects to provide its employees with the contributory pension benefit under Title 23 of this article, an employee of the participating governmental unit who is a member of the Employees’ Pension System shall be entitled to the benefits as provided in § 23-218 of this article, effective on the later of July 1, 1998, or the date the employee became a member of the Employees’ Pension System, unless the employee transferred to the Employees’ Pension System after April 1, 1998.</text> </level> <level label="2"> <text>If an employee of a participating governmental unit transferred to the Employees’ Pension System after April 1, 1998, the employee is not subject to Title 23, Subtitle 2, Part II of this article and is not entitled to the benefits as provided in § 23-218 of this article.</text> </level> </level> <level label="c"> <text>An election by a participating governmental unit under this section is irrevocable.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-116.1" title_number="31" title_name="Participating Governmental Units" subtitle_number="1" subtitle_name="Participation in Employees' Systems"> <level label="a"> <text>On or before June 30, 2007, a participating governmental unit may elect to provide its employees with the Alternate Contributory Pension Selection under Title 23, Subtitle 2, Part III of this article by submitting its election on a form provided by the State Retirement Agency.</text> </level> <level label="b"> <text>An election by a participating governmental unit under this section is irrevocable.</text> </level> <level label="c"> <level label="1"> <text>If a participating governmental unit elects to provide its employees with the Alternate Contributory Pension Selection under Title 23, Subtitle 2, Part III of this article, an employee of the participating governmental unit who is a member of the Employees’ Pension System shall be entitled to the benefits as provided in § 23-222 of this article, effective on the later of July 1, 2006, or the date the employee became a member of the Employees’ Pension System, unless the employee transferred to the Employees’ Pension System from the Employees’ Retirement System or Teachers’ Retirement System after April 1, 1998.</text> </level> <level label="2"> <text>If an employee of a participating governmental unit transferred to the Employees’ Pension System from the Employees’ Retirement System or Teachers’ Retirement System after April 1, 1998, the employee is not subject to Title 23, Subtitle 2, Part III of this article and is not entitled to the benefits as provided in § 23-222 of this article.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-116.2" title_number="31" title_name="Participating Governmental Units" subtitle_number="1" subtitle_name="Participation in Employees' Systems"> <level label="a"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, this section applies to an individual who becomes an employee of a participating governmental unit on or after July 1, 2011.</text> </level> <level label="2"> <text>This section does not apply to an individual who becomes an employee of:</text> <level label="i"> <text>a participating governmental unit that on July 1, 2011, is participating in the Employees’ Pension System and has not elected to participate in the Alternate Contributory Pension Selection under § 31–116.1 of this subtitle; or</text> </level> <level label="ii"> <text>a former participating governmental unit, other than Frederick County, that has withdrawn from the Employees’ Pension System on or before June 30, 2011.</text> </level> </level> </level> <level label="b"> <text>An individual described in subsection (a) of this section is subject to the reformed contributory pension benefit under Title 23, Subtitle 2, Part IV of this article.</text> </level> <level label="c"> <level label="1"> <text>This subsection applies to an individual who:</text> <level label="i"> <text>was an employee of the Somerset County Economic Development Commission on June 30, 2011, and who remains an employee through the effective date of participation for the Somerset County Economic Development Commission as a participating governmental unit; or</text> </level> <level label="ii"> <level label="1"> <text>was an employee of the Dorchester County Council working for the Dorchester County Sanitary Commission on June 30, 2011;</text> </level> <level label="2"> <text>continues working for the Dorchester County Sanitary Commission without incurring a break in employment of more than 30 days; and</text> </level> <level label="3"> <text>becomes an employee of the Dorchester County Sanitary Commission before the effective date of participation for the Dorchester County Sanitary Commission as a participating governmental unit and remains an employee through the effective date of participation.</text> </level> </level> </level> <level label="2"> <text>An individual described in paragraph (1) of this subsection shall be considered subject to the alternate contributory pension benefit under Title 23, Subtitle 2, Part III of this article in the same manner as an individual who was a member of the Employees’ Pension System on June 30, 2011.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-2A-01" title_number="31" title_name="Participating Governmental Units" subtitle_number="2A" subtitle_name="Participation in the Law Enforcement Officers' Pension System"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Effective date” means the date that an eligible governmental unit commenced or commences participation in the Law Enforcement Officers’ Pension System.</text> </level> <level label="c"> <text>“Eligible governmental unit” means a governmental unit that is eligible to participate in the Law Enforcement Officers’ Pension System under § 31–2A–02 of this subtitle.</text> </level> <level label="d"> <level label="1"> <text>“Emergency medical technician” means a paid emergency medical technician, as determined by the eligible governmental unit.</text> </level> <level label="2"> <text>“Emergency medical technician” does not include a volunteer emergency medical technician.</text> </level> </level> <level label="e"> <level label="1"> <text>“Firefighter” means:</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 label="2"> <text>“Firefighter” does not include:</text> <level label="i"> <text>a volunteer firefighter; or</text> </level> <level label="ii"> <text>a volunteer paramedic.</text> </level> </level> </level> <level label="f"> <text>“Law enforcement officer” means an individual certified by the Maryland Police Training and Standards Commission as a law enforcement officer.</text> </level> <level label="g"> <level label="1"> <text>“Local plan” means a plan or any other arrangement of an eligible governmental unit that is described in § 219(g)(5) of the Internal Revenue Code.</text> </level> <level label="2"> <text>“Local plan” does not include a plan established under § 457 of the Internal Revenue Code.</text> </level> </level> <level label="h"> <text>“State system” has the meaning stated in § 20–101(pp) of this article.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-2A-02" title_number="31" title_name="Participating Governmental Units" subtitle_number="2A" subtitle_name="Participation in the Law Enforcement Officers' Pension System"> <text>Subject to § 31-2A-03 of this subtitle, the governmental units that are eligible to participate in the Law Enforcement Officers’ Pension System are:</text> <level label="1"> <text>counties; and</text> </level> <level label="2"> <text>municipal corporations.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-2A-03" title_number="31" title_name="Participating Governmental Units" subtitle_number="2A" subtitle_name="Participation in the Law Enforcement Officers' Pension System"> <level label="a"> <text>Subject to subsection (b) of this section, the legislative body of an eligible governmental unit may approve participation by its law enforcement officers, firefighters, or emergency medical technicians in the Law Enforcement Officers’ Pension System if:</text> <level label="1"> <text>the legislative body adopts a resolution in the form prescribed by the Board of Trustees; and</text> </level> <level label="2"> <text>the eligible governmental unit participates in a State system or operates a local plan, only if:</text> <level label="i"> <text>at least 60% of the law enforcement officers, firefighters, or emergency medical technicians of the eligible governmental unit petition to become members of the Law Enforcement Officers’ Pension System;</text> </level> <level label="ii"> <text>the eligible governmental unit satisfies the requirements in subsection (b) of this section; and</text> </level> <level label="iii"> <text>the legislative body approves participation of its law enforcement officers, firefighters, or emergency medical technicians in lieu of participation in the State system or local plan.</text> </level> </level> </level> <level label="b"> <text>An eligible governmental unit that operates a local plan or participates in a State system may approve participation of its law enforcement officers, firefighters, or emergency medical technicians in the Law Enforcement Officers’ Pension System only if:</text> <level label="1"> <text>the State system or local plan of the eligible governmental unit requires member contributions at the same rate as the member contribution rate that would be applicable to the law enforcement officers, firefighters, or emergency medical technicians of the eligible governmental unit in the Law Enforcement Officers’ Pension System; or</text> </level> <level label="2"> <text>the eligible governmental unit:</text> <level label="i"> <text>does not provide for the employer pickup of member contributions to the State system or local plan within the meaning of § 414(h)(2) of the Internal Revenue Code; and</text> </level> <level label="ii"> <text>certifies that it will not become an approved employer under § 21–313 of this article on or after the effective date of participation.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>If an eligible governmental unit does not satisfy the requirements under subsection (b) of this section, the eligible governmental unit may submit a request to the Board of Trustees to participate in the Law Enforcement Officers’ Pension System.</text> </level> <level label="2"> <text>The Board of Trustees shall consider a request made under paragraph (1) of this subsection and determine whether any legislation is necessary to allow the eligible governmental unit to participate in the Law Enforcement Officers’ Pension System.</text> </level> <level label="3"> <text>The Board of Trustees shall make recommendations to the Joint Committee on Pensions regarding any legislation that it determines is necessary to allow the eligible governmental unit to participate in the Law Enforcement Officers’ Pension System.</text> </level> </level> <level label="d"> <text>An eligible governmental unit that satisfies the requirements under subsection (b) of this section is eligible to participate in the Law Enforcement Officers’ Pension System only if the eligible governmental unit makes enrollment available to all eligible law enforcement officers, firefighters, or emergency medical technicians of the eligible governmental unit.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-2A-03.1" title_number="31" title_name="Participating Governmental Units" subtitle_number="2A" subtitle_name="Participation in the Law Enforcement Officers' Pension System"> <level label="a"> <text>Except as provided in subsection (b) of this section, the effective date of participation for an eligible governmental unit is July 1 of the year following the fiscal year in which the eligible governmental unit elects to participate in the Law Enforcement Officers’ Pension System.</text> </level> <level label="b"> <level label="1"> <text>If an eligible governmental unit does not provide the Board of Trustees with the necessary documentation to join the Law Enforcement Officers’ Pension System on or before the effective date for the eligible governmental unit, the effective date shall be postponed until July 1 of the second year following the fiscal year in which the eligible governmental unit elects to participate in the Law Enforcement Officers’ Pension System.</text> </level> <level label="2"> <text>For any employee of an eligible governmental unit who is eligible to elect to participate in the Law Enforcement Officers’ Pension System, the necessary documentation under paragraph (1) of this subsection shall include properly completed election forms indicating either that:</text> <level label="i"> <text>the employee intends to participate in the Law Enforcement Officers’ Pension System; or</text> </level> <level label="ii"> <text>the employee intends to opt out of participation in the Law Enforcement Officers’ Pension System.</text> </level> </level> <level label="3"> <level label="i"> <text>An employee that does not complete the necessary documentation indicating whether the employee intends to participate in or opt out of participation in the Law Enforcement Officers’ Pension System is deemed to have elected to participate in the Law Enforcement Officers’ Pension System.</text> </level> <level label="ii"> <text>The appointing authority for the employee of the eligible governmental unit that does not complete the necessary documentation indicating whether the employee intends to participate in or opt out of participation in the Law Enforcement Officers’ Pension System shall execute and submit an affidavit to the State Retirement Agency stating:</text> <level label="1"> <text>the name of the employee who did not submit the necessary documentation; and</text> </level> <level label="2"> <text>the date when the appointing authority provided the employee with the election form to be completed.</text> </level> </level> <level label="iii"> <text>An affidavit under this paragraph is necessary documentation that an eligible governmental unit is required to submit under this subsection to join the Law Enforcement Officers’ Pension System.</text> </level> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-2A-04" title_number="31" title_name="Participating Governmental Units" subtitle_number="2A" subtitle_name="Participation in the Law Enforcement Officers' Pension System"> <text>If a law enforcement officer, firefighter, emergency medical technician, or paramedic joins the Law Enforcement Officers’ Pension System on the effective date, the member shall receive 100% service credit for the member’s employment with the participating governmental unit before the effective date.</text> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-2A-05" title_number="31" title_name="Participating Governmental Units" subtitle_number="2A" subtitle_name="Participation in the Law Enforcement Officers' Pension System"> <level label="a"> <text>This section applies only to a local plan that is a qualified plan under § 401(a) of the Internal Revenue Code and provides a defined benefit to its participants.</text> </level> <level label="b"> <text>If an eligible governmental unit approves participation in the Law Enforcement Officers’ Pension System, the operation of the local plan or State system with respect to the law enforcement officers, firefighters, emergency medical technicians, or paramedics terminates on the effective date.</text> </level> <level label="c"> <level label="1"> <text>On the effective date:</text> <level label="i"> <text>the assets to the credit of the local plan or State system that relate to the law enforcement officers, firefighters, emergency medical technicians, or paramedics who elect to become members shall be transferred to the Law Enforcement Officers’ Pension System; and</text> </level> <level label="ii"> <text>the trustee or other administrative head of the local plan or State system shall certify the proportion of the funds of the local plan or State system that represents the accumulated contributions of the members as of that date.</text> </level> </level> <level label="2"> <text>The accumulated contributions shall be credited to the respective annuity savings accounts of the members in the Law Enforcement Officers’ Pension System.</text> </level> <level label="3"> <text>The balance of the funds transferred to the Law Enforcement Officers’ Pension System shall be offset against the special accrued liability to be funded by the participating governmental unit as provided by § 21–306.1(d) of this article.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-2A-06" title_number="31" title_name="Participating Governmental Units" subtitle_number="2A" subtitle_name="Participation in the Law Enforcement Officers' Pension System"> <level label="a"> <text>This section applies to an individual who is a local law enforcement officer of the Crisfield Police Department:</text> <level label="1"> <text>in a permanent full–time position before the effective date, and who remains a local law enforcement officer of the Crisfield Police Department in a permanent full–time position through the effective date; or</text> </level> <level label="2"> <text>in a permanent full–time position after the effective date.</text> </level> </level> <level label="b"> <text>Notwithstanding any other provision of law, if the Crisfield Police Department becomes a participating governmental unit in the Law Enforcement Officers’ Pension System, membership in the Law Enforcement Officers’ Pension System is mandatory for an individual described under subsection (a) of this section.</text> </level> <level label="c"> <text>If the Crisfield Police Department commences participation in the Law Enforcement Officers’ Pension System in accordance with subsection (b) of this section, an individual described under subsection (a)(1) of this section is entitled to eligibility service and creditable service in the Law Enforcement Officers’ Pension System for employment with the Crisfield Police Department before the effective date.</text> </level> <level label="d"> <text>On joining the Law Enforcement Officers’ Pension System and receiving service credit as provided under subsection (c) of this section, an individual described under subsection (a)(1) of this section shall:</text> <level label="1"> <text>no longer be a member of the Employees’ Pension System; and</text> </level> <level label="2"> <text>have no further rights to any benefit in the Employees’ Pension System.</text> </level> </level> <level label="e"> <text>The transfer of creditable service for an individual described in subsection (a)(1) of this section who is a member of the Employees’ Pension System through the effective date, and who transfers to the Law Enforcement Officers’ Pension System under this section, is not governed by Title 37 of this article.</text> </level> <level label="f"> <text>If the Crisfield Police Department becomes a participating governmental unit in the Law Enforcement Officers’ Pension System, § 31–2A–05(c) of this subtitle shall govern the transfer and crediting of assets on the effective date.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-2A-07" title_number="31" title_name="Participating Governmental Units" subtitle_number="2A" subtitle_name="Participation in the Law Enforcement Officers' Pension System"> <level label="a"> <text>This section applies to an individual who is a local law enforcement officer of the Frostburg City Police Department:</text> <level label="1"> <text>in a permanent full–time position before the effective date and who remains a local law enforcement officer of the Frostburg City Police Department in a permanent full–time position through the effective date; or</text> </level> <level label="2"> <text>in a permanent full–time position after the effective date.</text> </level> </level> <level label="b"> <text>Notwithstanding any other provision of law, if the Frostburg City Police Department becomes a participating governmental unit in the Law Enforcement Officers’ Pension System, membership in the Law Enforcement Officers’ Pension System is mandatory for an individual described under subsection (a) of this section.</text> </level> <level label="c"> <text>If the Frostburg City Police Department commences participation in the Law Enforcement Officers’ Pension System in accordance with subsection (b) of this section, an individual described under subsection (a)(1) of this section is entitled to eligibility service and creditable service in the Law Enforcement Officers’ Pension System for employment with the Frostburg City Police Department before the effective date.</text> </level> <level label="d"> <text>On joining the Law Enforcement Officers’ Pension System and receiving service credit as provided under subsection (c) of this section, an individual described under subsection (a)(1) of this section shall:</text> <level label="1"> <text>no longer be a member of the Employees’ Pension System; and</text> </level> <level label="2"> <text>have no further rights to any benefit in the Employees’ Pension System.</text> </level> </level> <level label="e"> <text>The transfer of creditable service for an individual described in subsection (a)(1) of this section who is a member of the Employees’ Pension System through the effective date, and who transfers to the Law Enforcement Officers’ Pension System under this section, is not governed by Title 37 of this article.</text> </level> <level label="f"> <text>If the Frostburg City Police Department becomes a participating governmental unit in the Law Enforcement Officers’ Pension System, § 31–2A–05(c) of this subtitle shall govern the transfer and crediting of assets on the effective date.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-2A-08" title_number="31" title_name="Participating Governmental Units" subtitle_number="2A" subtitle_name="Participation in the Law Enforcement Officers' Pension System"> <level label="a"> <text>This section applies to an individual who is a local law enforcement officer of the Seat Pleasant Police Department:</text> <level label="1"> <text>in a permanent full–time position before the effective date and who remains a local law enforcement officer of the Seat Pleasant Police Department in a permanent full–time position through the effective date; or</text> </level> <level label="2"> <text>in a permanent full–time position after the effective date.</text> </level> </level> <level label="b"> <text>Notwithstanding any other provision of law, if the Seat Pleasant Police Department becomes a participating governmental unit in the Law Enforcement Officers’ Pension System, membership in the Law Enforcement Officers’ Pension System is mandatory for an individual described under subsection (a) of this section.</text> </level> <level label="c"> <text>If the Seat Pleasant Police Department commences participation in the Law Enforcement Officers’ Pension System in accordance with subsection (b) of this section, an individual described under subsection (a)(1) of this section is entitled to eligibility service and creditable service in the Law Enforcement Officers’ Pension System for employment with the Seat Pleasant Police Department before the effective date.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-2B-01" title_number="31" title_name="Participating Governmental Units" subtitle_number="2B" subtitle_name="Participation in the Correctional Officers' Retirement System"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Effective date” means the date that an eligible governmental unit commenced or commences participation in the Correctional Officers’ Retirement System.</text> </level> <level label="c"> <text>“Eligible governmental unit” means a governmental unit that is eligible to participate in the Correctional Officers’ Retirement System under § 31-2B-02 of this subtitle.</text> </level> <level label="d"> <text>“Local detention center officer” means an individual who works as a detention center officer for an eligible governmental unit.</text> </level> <level label="e"> <level label="1"> <text>“Local plan” means a plan or any other arrangement of an eligible governmental unit that is described in § 219(g)(5) of the Internal Revenue Code.</text> </level> <level label="2"> <text>“Local plan” does not include a plan established under § 457 of the Internal Revenue Code.</text> </level> </level> <level label="f"> <text>“State system” has the meaning stated in § 20–101(pp) of this article.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-2B-02" title_number="31" title_name="Participating Governmental Units" subtitle_number="2B" subtitle_name="Participation in the Correctional Officers' Retirement System"> <text>Subject to § 31-2B-03 of this subtitle, the governmental units that are eligible to participate in the Correctional Officers’ Retirement System are:</text> <level label="1"> <text>counties; and</text> </level> <level label="2"> <text>municipal corporations.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-2B-03" title_number="31" title_name="Participating Governmental Units" subtitle_number="2B" subtitle_name="Participation in the Correctional Officers' Retirement System"> <level label="a"> <text>Subject to subsection (b) of this section, the legislative body of an eligible governmental unit may approve participation by its local detention center officers in the Correctional Officers’ Retirement System if:</text> <level label="1"> <text>the legislative body adopts a resolution in the form prescribed by the Board of Trustees; and</text> </level> <level label="2"> <text>the eligible governmental unit participates in a State system or operates a local plan for its local detention center officers, only if:</text> <level label="i"> <text>at least 60% of the local detention center officers of the eligible governmental unit petition to become members of the Correctional Officers’ Retirement System;</text> </level> <level label="ii"> <text>the eligible governmental unit satisfies the requirements in subsection (b) of this section; and</text> </level> <level label="iii"> <text>the legislative body approves participation of its local detention center officers in lieu of participation in the State system or local plan.</text> </level> </level> </level> <level label="b"> <text>An eligible governmental unit that operates a local plan or participates in a State system may approve participation of its local detention center officers in the Correctional Officers’ Retirement System only if:</text> <level label="1"> <text>the State system or local plan of the eligible governmental unit requires member contributions at the same rate as the member contribution rate that would be applicable to the local detention center officers of the eligible governmental unit in the Correctional Officers’ Retirement System; or</text> </level> <level label="2"> <text>the eligible governmental unit:</text> <level label="i"> <text>does not provide for the employer pickup of member contributions to the State system or local plan within the meaning of § 414(h)(2) of the Internal Revenue Code; and</text> </level> <level label="ii"> <text>certifies that it will not become an approved employer under § 21–313 of this article on or after the effective date of participation.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>If an eligible governmental unit does not satisfy the requirements under subsection (b) of this section, the eligible governmental unit may submit a request to the Board of Trustees to participate in the Correctional Officers’ Retirement System.</text> </level> <level label="2"> <text>The Board of Trustees shall consider a request made under paragraph (1) of this subsection and determine whether any legislation is necessary to allow the eligible governmental unit to participate in the Correctional Officers’ Retirement System.</text> </level> <level label="3"> <text>The Board of Trustees shall make recommendations to the Joint Committee on Pensions regarding any legislation that it determines is necessary to allow the eligible governmental unit to participate in the Correctional Officers’ Retirement System.</text> </level> </level> <level label="d"> <text>An eligible governmental unit that satisfies the requirements under subsection (b) of this section is eligible to participate in the Correctional Officers’ Retirement System only if the eligible governmental unit makes enrollment available to all eligible local detention center officers of the eligible governmental unit.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-2B-03.1" title_number="31" title_name="Participating Governmental Units" subtitle_number="2B" subtitle_name="Participation in the Correctional Officers' Retirement System"> <level label="a"> <text>Except as provided in subsection (b) of this section, the effective date of participation for an eligible governmental unit is July 1 of the year following the fiscal year in which the eligible governmental unit elects to participate in the Correctional Officers’ Retirement System.</text> </level> <level label="b"> <level label="1"> <text>If an eligible governmental unit does not provide the Board of Trustees with the necessary documentation to join the Correctional Officers’ Retirement System on or before the effective date for the eligible governmental unit, the effective date shall be postponed until July 1 of the second year following the fiscal year in which the eligible governmental unit elects to participate in the Correctional Officers’ Retirement System.</text> </level> <level label="2"> <text>For any employee of an eligible governmental unit who is eligible to elect to participate in the Correctional Officers’ Retirement System, the necessary documentation under paragraph (1) of this subsection shall include properly completed election forms indicating either that:</text> <level label="i"> <text>the employee intends to participate in the Correctional Officers’ Retirement System; or</text> </level> <level label="ii"> <text>the employee intends to opt out of participation in the Correctional Officers’ Retirement System.</text> </level> </level> <level label="3"> <level label="i"> <text>An employee that does not complete the necessary documentation indicating whether the employee intends to participate in or opt out of participation in the Correctional Officers’ Retirement System is deemed to have elected to participate in the Correctional Officers’ Retirement System.</text> </level> <level label="ii"> <text>The appointing authority for the employee of the eligible governmental unit that does not complete the necessary documentation indicating whether the employee intends to participate in or opt out of participation in the Correctional Officers’ Retirement System shall execute and submit an affidavit to the State Retirement Agency stating:</text> <level label="1"> <text>the name of the employee who did not submit the necessary documentation; and</text> </level> <level label="2"> <text>the date when the appointing authority provided the employee with the election form to be completed.</text> </level> </level> <level label="iii"> <text>An affidavit under this paragraph is necessary documentation that an eligible governmental unit is required to submit under this subsection to join the Correctional Officers’ Retirement System.</text> </level> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-2B-04" title_number="31" title_name="Participating Governmental Units" subtitle_number="2B" subtitle_name="Participation in the Correctional Officers' Retirement System"> <text>If a local detention center officer joins the Correctional Officers’ Retirement System on the effective date, the member shall receive 100% service credit for the member’s employment with the participating governmental unit before the effective date.</text> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-2B-05" title_number="31" title_name="Participating Governmental Units" subtitle_number="2B" subtitle_name="Participation in the Correctional Officers' Retirement System"> <level label="a"> <text>This section applies only to a local plan that is a qualified plan under § 401(a) of the Internal Revenue Code and provides a defined benefit to its participants.</text> </level> <level label="b"> <text>If an eligible governmental unit approves participation in the Correctional Officers’ Retirement System, the operation of the local plan or State system with respect to the local detention center officers terminates on the effective date.</text> </level> <level label="c"> <level label="1"> <text>On the effective date:</text> <level label="i"> <text>the assets to the credit of the local plan or State system that relate to the local detention center officers who elect to become members shall be transferred to the Correctional Officers’ Retirement System; and</text> </level> <level label="ii"> <text>the trustee or other administrative head of the local plan or State system shall certify the proportion of the funds of the local pension system that represents the accumulated contributions of the members as of that date.</text> </level> </level> <level label="2"> <text>The accumulated contributions shall be credited to the respective annuity savings accounts of the members in the Correctional Officers’ Retirement System.</text> </level> <level label="3"> <text>The balance of the funds transferred to the Correctional Officers’ Retirement System shall be offset against the special accrued liability to be funded by the participating governmental unit as provided by § 21–306.1(d) of this article.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-2B-06" title_number="31" title_name="Participating Governmental Units" subtitle_number="2B" subtitle_name="Participation in the Correctional Officers' Retirement System"> <level label="a"> <text>This section applies to an individual who is a local detention center officer of Queen Anne’s County before the effective date, and who remains a local detention center officer of Queen Anne’s County through the effective date.</text> </level> <level label="b"> <text>Notwithstanding any other provision of law, if Queen Anne’s County becomes a participating governmental unit in the Correctional Officers’ Retirement System, membership in the Correctional Officers’ Retirement System is mandatory for an individual described under subsection (a) of this section.</text> </level> <level label="c"> <text>If Queen Anne’s County commences participation in the Correctional Officers’ Retirement System in accordance with subsection (b) of this section, an individual described under subsection (a) of this section is entitled to eligibility service and creditable service in the Correctional Officers’ Retirement System for employment with Queen Anne’s County before the effective date.</text> </level> <level label="d"> <text>On joining the Correctional Officers’ Retirement System and receiving service credit as provided under subsection (c) of this section, an individual described under subsection (a) of this section shall:</text> <level label="1"> <text>no longer be a member of the Employees’ Pension System; and</text> </level> <level label="2"> <text>have no further rights to any benefit in the Employees’ Pension System.</text> </level> </level> <level label="e"> <text>The transfer of creditable service for an individual described in subsection (a) of this section who is a member of the Employees’ Pension System through the effective date, and who transfers to the Correctional Officers’ Retirement System under this section, is not governed by Title 37 of this article.</text> </level> <level label="f"> <text>If Queen Anne’s County becomes a participating governmental unit in the Correctional Officers’ Retirement System, § 31–2B–05(c) of this subtitle shall govern the transfer and crediting of assets on the effective date.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-2B-07" title_number="31" title_name="Participating Governmental Units" subtitle_number="2B" subtitle_name="Participation in the Correctional Officers' Retirement System"> <level label="a"> <text>This section applies to an individual who is a local detention center officer of Kent County before the effective date, and who remains a local detention center officer of Kent County through the effective date.</text> </level> <level label="b"> <text>Notwithstanding any other provision of law, if Kent County becomes a participating governmental unit in the Correctional Officers’ Retirement System, membership in the Correctional Officers’ Retirement System is mandatory for an individual described under subsection (a) of this section.</text> </level> <level label="c"> <text>If Kent County commences participation in the Correctional Officers’ Retirement System in accordance with subsection (b) of this section, an individual described under subsection (a) of this section is entitled to eligibility service and creditable service in the Correctional Officers’ Retirement System for employment with Kent County before the effective date.</text> </level> <level label="d"> <text>On joining the Correctional Officers’ Retirement System and receiving service credit as provided under subsection (c) of this section, an individual described under subsection (a) of this section shall:</text> <level label="1"> <text>no longer be a member of the Employees’ Pension System; and</text> </level> <level label="2"> <text>have no further rights to any benefit in the Employees’ Pension System.</text> </level> </level> <level label="e"> <text>The transfer of creditable service for an individual described in subsection (a) of this section who is a member of the Employees’ Pension System through the effective date, and who transfers to the Correctional Officers’ Retirement System under this section, is not governed by Title 37 of this article.</text> </level> <level label="f"> <text>If Kent County becomes a participating governmental unit in the Correctional Officers’ Retirement System, § 31–2B–05(c) of this subtitle shall govern the transfer and crediting of assets on the effective date.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-2B-08" title_number="31" title_name="Participating Governmental Units" subtitle_number="2B" subtitle_name="Participation in the Correctional Officers' Retirement System"> <level label="a"> <text>This section applies to an individual who is a local detention center officer of Talbot County before the effective date and who remains a local detention center officer of Talbot County through the effective date.</text> </level> <level label="b"> <text>Notwithstanding any other provision of law, if Talbot County becomes a participating governmental unit in the Correctional Officers’ Retirement System, membership in the Correctional Officers’ Retirement System is mandatory for an individual described under subsection (a) of this section.</text> </level> <level label="c"> <text>If Talbot County commences participation in the Correctional Officers’ Retirement System in accordance with subsection (b) of this section, an individual described under subsection (a) of this section is entitled to eligibility service and creditable service in the Correctional Officers’ Retirement System for employment with Talbot County before the effective date.</text> </level> <level label="d"> <text>On joining the Correctional Officers’ Retirement System and receiving service credit as provided under subsection (c) of this section, an individual described under subsection (a) of this section shall:</text> <level label="1"> <text>no longer be a member of the Employees’ Pension System; and</text> </level> <level label="2"> <text>have no further rights to any benefit in the Employees’ Pension System.</text> </level> </level> <level label="e"> <text>The transfer of creditable service for an individual described in subsection (a) of this section who is a member of the Employees’ Pension System through the effective date, and who transfers to the Correctional Officers’ Retirement System under this section, is not governed by Title 37 of this article.</text> </level> <level label="f"> <text>If Talbot County becomes a participating governmental unit in the Correctional Officers’ Retirement System, § 31–2B–05(c) of this subtitle shall govern the transfer and crediting of assets on the effective date.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-2B-09" title_number="31" title_name="Participating Governmental Units" subtitle_number="2B" subtitle_name="Participation in the Correctional Officers' Retirement System"> <level label="a"> <text>This section applies to an individual who is a local detention center officer of Allegany County before the effective date and who remains a local detention center officer of Allegany County through the effective date.</text> </level> <level label="b"> <text>Notwithstanding any other provision of law, if Allegany County becomes a participating governmental unit in the Correctional Officers’ Retirement System, membership in the Correctional Officers’ Retirement System is mandatory for an individual described under subsection (a) of this section.</text> </level> <level label="c"> <text>If Allegany County commences participation in the Correctional Officers’ Retirement System in accordance with subsection (b) of this section, an individual described under subsection (a) of this section is entitled to eligibility service and creditable service in the Correctional Officers’ Retirement System for employment with Allegany County before the effective date.</text> </level> <level label="d"> <text>On joining the Correctional Officers’ Retirement System and receiving service credit as provided under subsection (c) of this section, an individual described under subsection (a) of this section shall:</text> <level label="1"> <text>no longer be a member of the Employees’ Pension System; and</text> </level> <level label="2"> <text>have no further rights to any benefit in the Employees’ Pension System.</text> </level> </level> <level label="e"> <text>The transfer of creditable service for an individual described in subsection (a) of this section who is a member of the Employees’ Pension System through the effective date, and who transfers to the Correctional Officers’ Retirement System under this section, is not governed by Title 37 of this article.</text> </level> <level label="f"> <text>If Allegany County becomes a participating governmental unit in the Correctional Officers’ Retirement System, § 31–2B–05(c) of this subtitle shall govern the transfer and crediting of assets on the effective date.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-2B-10" title_number="31" title_name="Participating Governmental Units" subtitle_number="2B" subtitle_name="Participation in the Correctional Officers' Retirement System"> <level label="a"> <text>This section applies to an individual who is a local detention center officer of Dorchester County before the effective date and who remains a local detention center officer of Dorchester County through the effective date.</text> </level> <level label="b"> <text>Notwithstanding any other provision of law, if Dorchester County becomes a participating governmental unit in the Correctional Officers’ Retirement System, membership in the Correctional Officers’ Retirement System is mandatory for an individual described under subsection (a) of this section.</text> </level> <level label="c"> <text>If Dorchester County commences participation in the Correctional Officers’ Retirement System in accordance with subsection (b) of this section, an individual described under subsection (a) of this section is entitled to eligibility service and creditable service in the Correctional Officers’ Retirement System for employment with Dorchester County before the effective date.</text> </level> <level label="d"> <text>On joining the Correctional Officers’ Retirement System and receiving service credit as provided under subsection (c) of this section, an individual described under subsection (a) of this section shall:</text> <level label="1"> <text>no longer be a member of the Employees’ Pension System; and</text> </level> <level label="2"> <text>have no further rights to any benefit in the Employees’ Pension System.</text> </level> </level> <level label="e"> <text>The transfer of creditable service for an individual described in subsection (a) of this section who is a member of the Employees’ Pension System through the effective date, and who transfers to the Correctional Officers’ Retirement System under this section, is not governed by Title 37 of this article.</text> </level> <level label="f"> <text>If Dorchester County becomes a participating governmental unit in the Correctional Officers’ Retirement System, § 31–2B–05(c) of this subtitle shall govern the transfer and crediting of assets on the effective date.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-301" title_number="31" title_name="Participating Governmental Units" subtitle_number="3" subtitle_name="Withdrawal by a Participating Governmental Unit"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Employees’ system” has the meaning stated in § 31–101 of this title.</text> </level> <level label="c"> <text>“Legislative body” has the meaning stated in § 31–101 of this title.</text> </level> <level label="d"> <text>“Local pension system” means a retirement or pension system established by the legislative body of an eligible governmental unit that is a qualified plan under § 401(a) of the Internal Revenue Code and provides a defined benefit to its participants.</text> </level> <level label="e"> <text>“State system” has the meaning stated in § 20–101(pp) of this article.</text> </level> <level label="f"> <text>“Withdrawal date” means the date that a withdrawal by a participating governmental unit from a State system takes effect.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-302" title_number="31" title_name="Participating Governmental Units" subtitle_number="3" subtitle_name="Withdrawal by a Participating Governmental Unit"> <level label="a"> <text>Subject to subsection (b) of this section, the legislative body of a participating governmental unit may withdraw from participation in a State system and transfer to a local pension system or another State system any of the following groups of employees of the governmental unit who consent to the withdrawal, and who qualify for membership in the State system or local pension system:</text> <level label="1"> <text>all employees of the participating governmental unit;</text> </level> <level label="2"> <text>fire fighters;</text> </level> <level label="3"> <text>law enforcement personnel;</text> </level> <level label="4"> <text>detention center officers; or</text> </level> <level label="5"> <text>subject to the approval of the Board of Trustees, a homogeneous unit of at least 10 employees.</text> </level> </level> <level label="b"> <text>A participating governmental unit may withdraw from participation in a State system only if:</text> <level label="1"> <text>the new State system or local pension system of the participating governmental unit requires member contributions at the same rate as the member contribution rate applicable to employees of the participating governmental unit in the State system from which the participating governmental unit is withdrawing; or</text> </level> <level label="2"> <text>the participating governmental unit:</text> <level label="i"> <text>does not provide for the employer pickup of member contributions to the current State system of the participating governmental unit within the meaning of § 414(h)(2) of the Internal Revenue Code; and</text> </level> <level label="ii"> <text>certifies that it will not become an approved employer under § 21–313 of this article on or after the effective date of participation in the new State system or local pension system.</text> </level> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-303" title_number="31" title_name="Participating Governmental Units" subtitle_number="3" subtitle_name="Withdrawal by a Participating Governmental Unit"> <text>A withdrawal and transfer under § 31-302 of this subtitle takes effect at the end of the State’s fiscal year.</text> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-304" title_number="31" title_name="Participating Governmental Units" subtitle_number="3" subtitle_name="Withdrawal by a Participating Governmental Unit"> <text>If a participating governmental unit withdraws from a State system, the accumulated contributions of the withdrawn employees shall be transferred on the withdrawal date to the administrative board of the local pension system or new State system and credited to the account of those employees.</text> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-305" title_number="31" title_name="Participating Governmental Units" subtitle_number="3" subtitle_name="Withdrawal by a Participating Governmental Unit"> <level label="a"> <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 or new State system the portion of the assets that are allocable to the withdrawn employees as determined under § 21–305.5, § 21–305.6, § 21–306, § 21–306.1, or § 21–306.2 of this article.</text> </level> <level label="b"> <text>The administrative board of the local pension system or new State system shall hold the transferred assets in trust to provide retirement benefits for the withdrawn employees.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="31-306" title_number="31" title_name="Participating Governmental Units" subtitle_number="3" subtitle_name="Withdrawal by a Participating Governmental Unit"> <text>A participating governmental unit shall pay all administrative costs involved in the withdrawal or reentry if the participating governmental unit:</text> <level label="1"> <text>withdraws all or some of its employees from a State system; or</text> </level> <level label="2"> <text>elects to participate in a State system for employees who were previously withdrawn.</text> </level> </section>