Md. Code Ann., State Pers. & Pens. § 26-202 – Membership in Law Enforcement Officers’ Pension System as condition of employment; exceptions

(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. (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:
  1. (i) who was employed by the Department of Natural Resources on July 1, 1990, and who elects membership on or before December 31, 2002;
  2. (ii) who was employed by the Field Enforcement Division on June 30, 1995, and who elects membership on or before December 31, 2002;
  3. (iii) who was employed by the Maryland Transportation Authority on June 30, 1997, and who elects membership on or before December 31, 2002;
  4. (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;
  5. (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;
  6. (vi) who is employed by a participating governmental unit on the effective date of participation:
    1. 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. 2. on or after July 1, 2017, for that participating governmental unit and who elects membership before the effective date of participation;
  7. (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;
  8. (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;
  9. (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;
  10. (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;
  11. (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;
  12. (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;
  13. (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;
  14. (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;
  15. (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;
  16. (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;
  17. (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;
  18. (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
  19. (xix) who was an employee of the Warrant Apprehension Unit, formerly of the Division of Parole and Probation in the Department of Public Safety and Correctional Services, who had powers granted to a peace officer or police officer under the former § 6-106 of the Correctional Services Article on June 30, 2015, and who elected membership on or before December 31, 2015.
2. (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. (3)
  1. (i) An election to join the Law Enforcement Officers' Pension System under this subsection is a one-time, irrevocable election.
  2. (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.

Added by Acts 1994, c. 6, § 2, eff. Oct. 1, 1994. Amended by Acts 1996, c. 438, § 1, eff. July 1, 1996; Acts 1997, c. 148, § 1, eff. July 1, 1997; Acts 1997, c. 149, § 1, eff. July 1, 1997; Acts 1997, c. 162, § 1, eff. July 1, 1997; Acts 1998, c. 21, § 1, eff. April 14, 1998; Acts 1998, c. 390, § 1, eff. July 1, 1999; Acts 1998, c. 494, § 1, eff. Oct. 1, 1998; Acts 1998, c. 514, § 1, eff. July 1, 1998; Acts 1998, c. 554, § 1, eff. July 1, 1998; Acts 1999, c. 10, § 1, eff. July 1, 1999; Acts 1999, c. 34, § 1, eff. April 13, 1999; Acts 2000, c. 397, § 1, eff. July 1, 2000; Acts 2001, c. 29, § 1, eff. April 10, 2001; Acts 2001, c. 393, § 1, eff. July 1, 2001; Acts 2002, c. 326, § 1, eff. July 1, 2002; Acts 2002, c. 353, § 1, eff. July 1, 2002; Acts 2004, c. 284, § 1, eff. July 1, 2004; Acts 2005, c. 486, § 1, eff. July 1, 2005; Acts 2007, c. 325, § 1, eff. July 1, 2007; Acts 2007, c. 326, § 1, eff. July 1, 2007; Acts 2007, c. 405, § 1, eff. July 1, 2007; Acts 2008, c. 26, § 1, eff. July 1, 2008; Acts 2014, c. 217, § 1, eff. Oct. 1, 2014; Acts 2015, c. 268, § 1, eff. July 1, 2015; Acts 2016, c. 25, § 2, eff. Oct. 1, 2016; Acts 2017, c. 62, § 6; Acts 2017, c. 171, § 1, eff. July 1, 2017; Acts 2017, c. 172, § 1, eff. July 1, 2017; Acts 2017, c. 271, § 1, eff. July 1, 2017; Acts 2017, c. 272, § 1, eff. July 1, 2017; Acts 2019, c. 94, § 1, eff. July 1, 2019; Acts 2021, c. 127, § 2, eff. Oct. 1, 2021; Acts 2021, c. 397, § 1, eff. June 1, 2021; Acts 2021, c. 398, § 1, eff. June 1, 2021.

Formerly Art. 73B, § 8-201.