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Statutes Text

Article - State Personnel and Pensions




§26–202.

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

    (b)    (1)    Subject to paragraph (2) of this subsection, membership in the Law Enforcement Officers’ Pension System is optional for an individual described in § 26–201 of this subtitle:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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



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