§ 5-1-203. MEMBERSHIP—COMPOSITION.

The membership of the Retirement System shall consist of the following:

(1)

(i)

Any person who shall become an employee after June 30, 1971 but before January 1, 2014, may become a member of the Retirement System at any time within the first two (2) years of the person's employment, but if the employee has not previously joined must become a member at the end of that period as a condition of employment; provided such person shall pass a physical examination satisfactory to the Board of Trustees.

(ii)

Any person who shall become an employee on or after January 1, 2014 shall become a member of the Retirement System within 60 days after employment as a condition of employment provided such person shall pass a physical examination satisfactory to the Board of Trustees.

(iii)

Any person who has attained the age of fifty-five (55) years at the person's date of employment shall have the option of not joining the System.

(iv)

Notwithstanding any contrary provisions of this paragraph, special provisions shall apply to county employees occupying certain nonmerit appointed positions as described in paragraph (7) of this section.

(2)

In this section, the Board of Trustees shall accept, for entry into the Retirement System, the results of the post-offer/pre-employment physical examination conducted by Baltimore County's currently contracted medical provider for applicant physical examinations.

(3)

(i)

This paragraph applies only to a Group 3 member who began service before July 1, 2010 and who did not purchase credit for service before joining the retirement system before the last date the member was eligible to do so (June 30, 2012) as provided in Bill 30-10.

(ii)

A member may purchase credit for service before joining the retirement as provided in this paragraph.

(iii)

The member shall indicate an intent to purchase credit for service to the Administrator not later than March 31, 2015.

(iv)

The member shall pay the contributions due plus interest in a single lump-sum payment not later than June 30, 2015.

(4)

Membership in the Retirement System shall be open to permanent employees of the regular Fire and Police Departments of the county beginning October 1, 1959, and any such employee becoming a member shall be considered an employee within the meaning of this title. Any person who becomes an employee of such Fire or Police Department on or after such date shall become a member of the Retirement System as a condition of employment; provided such person shall pass a physical examination satisfactory to the Board; and such employee shall not be entitled to coverage under the existing provisions for pensions for firemen, policemen, and their widows under Section 4 of Bill 32-03 nor required to contribute thereunder. Any person who is an employee of either of such departments on September 30, 1959, may, within a period of six (6) months thereafter, elect to become a member of the Retirement System; provided the person shall file with the Board of Trustees on a form prescribed by the Board a notice of the person's election to be included in the membership and a duly executed waiver of all present and prospective benefits which would otherwise inure to the person on account of the person's coverage under the existing provisions for pensions for firemen, policemen, and their widows under Section 4 of Bill 32-03. No fireman or policeman becoming a member of this System shall receive credit for service rendered prior to October 1, 1959; except that any fireman or policeman in service on September 30, 1959, becoming a member within six (6) months thereafter, shall receive prior service credit for all service rendered prior to January 1, 1945, and may elect to pay to the system by a single payment or by an increased rate of contribution, as may be approved by the Board of Trustees, the contributions with interest which the fireman or policeman would have paid had the fireman or policeman been a member between January 1, 1945, and the date of enrollment in the Retirement System as membership service, less such amounts that have been paid during such period into the Retirement Systems from which the fireman or policeman is being transferred. Any such member not electing to pay for such membership service shall receive credit as prior service for fifty (50) percent of such service.

(5)

(i)

Definitions. The following words and phrases, as used in this subsection, unless a different meaning is plainly required by the context, shall have the meanings indicated.

1.

"County agency" means special taxing area or other political subdivision of the county, and also includes any incorporated or unincorporated board, commission, agency, or instrumentality of the county created by an act of the County Council or the state General Assembly for public purposes and not for the profit of any private person or corporation.

2.

"Legislative body" means the board or commission having authority or control over any such county agency, including the board or governing body of any county special taxing area or other political subdivision of the county.

(ii)

Eligibility of officers and employees of county agencies.

1.

Except as provided in subsubparagraph 2 of this subparagraph, on and after July 1, 1965, any officer or employee of any county agency, except such officers and employees as are now eligible to participate in a retirement system wholly or partially maintained at the expense of a county agency, shall be entitled to membership in the Employees' Retirement System of the county as provided by this paragraph and subsequent amendments thereto; provided, however, that the officers and employees of any county agency shall not be included in such Employees' Retirement System of the county without the approval of the legislative body of any such county agency. Should the legislative body of any county agency on or after July 1, 1965, give its approval to the participation of its officers and employees in such system as hereinabove provided, such employees shall be eligible to participate in such system as specifically provided hereinafter for such employees.

2.

On and after January 1, 2014, any officer or employee of a county agency who intends to participate in the Retirement System shall join the System within 60 days after employment provided such officer or employee shall pass a physical examination approved by the Board.

(iii)

Optional membership.

1.

Membership in the system for such officers and employees who are admitted as provided in subparagraph (ii) of this paragraph shall be optional with such officers and employees in the service on the date approval is given.

2.

Any such officer or employee who elects to join such system within one (1) calendar year thereafter shall be entitled to a prior service certificate covering any credit for service rendered prior to date of approval on such basis as may be awarded by the county agency.

3.

Subsubparagraph 2 of this subparagraph does not apply to an officer or employee employed by a county agency on or after January 1, 2014.

(iv)

Duties of certain fiscal officers. The Chief Fiscal Officer of each county agency which approves the inclusion of its officers and employees in the system shall submit to the Board of Trustees of the System such information and shall cause to be performed in respect to each of the employees of such county agency such duties as would be performed in the county service by the head of a department of the county employing members of such System.

(v)

Computing rates of contribution. The actuary of the Employees' Retirement System of the county shall compute the rates of contribution payable by members who are employees of a participating county agency in the same manner as if they were county employees and shall compute the normal contributions which would be payable annually by the county on behalf of such members as though they were county employees. The contributions so computed shall be certified by the Board of Trustees of the system to the Chief Fiscal Officer of each participating county agency. The amounts which would be payable by the county on account of such employees of a participating county agency if they were county employees, including a pro rata share of the cost of the administration of such Retirement System, based upon the payroll of the employees of such participating county agency, shall be a charge against such participating county agency.

(vi)

Special accrued liability contribution. Each participating county agency shall make a special accrued liability contribution on account of its approval of the participation of its officers and employees in the system, which contribution shall be determined by an actuarial valuation of the accrued liability on account of the officers and employees of such participating county agency who elected to become members. This special accrued liability contribution, subject to such adjustment as credits awarded to officers or employees of such participating county agency may be necessary on account of any additional prior service in a county agency, shall be payable in lieu of the accrued liability contribution payable on account of other employees in the system. The expense of making such initial valuation shall be assessed against and paid by the participating agency on whose account it is necessary. The annual accrued liability contribution of each participating county agency shall be the annual payment, adjusted with interest at a rate determined by the Board of Trustees, which will liquidate its accrued liability as so determined in conformity with generally accepted actuarial principles and practices for measuring pension obligations.

(vii)

Amount certified included in budget, appropriation or levy. An amount certified pursuant to this section by such Board of Trustees to the Chief Fiscal Officer of a participating county agency shall be included in the next budget, appropriation, or levy of such participating county agency subsequent to such certification by such Board of Trustees and shall be levied and collected in the same manner as other taxes.

(viii)

Payment of amounts certified. The treasurer or proper fiscal officer of each participating county agency shall pay to such Board of Trustees the amount of the charges certified to such participating county agency by such Board of Trustees as above provided and the amount of the deductions from the compensation of the members who are officers or employees of such participating county agency. The payments of the amounts so certified by the Board of Trustees shall be made within thirty (30) days after the receipt of such certificate, and the payments of deductions from compensation of employees shall be made when such employees are paid.

(ix)

Credit of amount paid. On receipt of the payments from the treasurer or other officer of each participating county agency, the custodian of the funds of the system shall credit such amounts to the appropriate fund, funds, account, or accounts of such system.

(x)

Retirement benefits. Employees of participating county agencies on behalf of whom contributions are paid as provided in this paragraph shall be entitled to all the benefits under the Employees' Retirement System of the county as though they were county employees.

(6)

(i)

1. Any person who enters the regular part-time employment of the employer before January 1, 2014 may elect to become a member of the retirement system at any time within the first two (2) years of employment provided such person shall pass a physical examination satisfactory to the Board of Trustees. Any part-time employee who elects to become a member of the Retirement System shall remain a member as a condition of the member's part-time employment. If the part-time employee chooses not to join the System, such employee shall have forfeited the right to become a member as long as the employee continues to be a part-time employee.

2.

Any person who enters the regular part-time employment of the employer on or after January 1, 2014 may elect to become a member of the Retirement System within 60 days after employment, provided such person shall pass a physical examination satisfactory to the Board of Trustees.

(ii)

For purposes of computing benefits, each year of creditable service shall be that fractional portion of such year which shall be equal to the portion of time worked in each year as related to the standard county work year; and earnable compensation shall mean the rate of compensation that would be payable to such part-time employee if the employee worked full time.

(iii)

In order to facilitate the approval of the pickup provision in § 5-1-253(g) of this subtitle, it is required as follows: Any regular part-time employee who entered service prior to July 15, 1987, and who has not become a member shall have a period of sixty (60) days to become a member after May 15, 1989. Any person who entered regular part-time employment after July 15, 1987, must elect to become a member during the two-year period provided for in subparagraph (i) of this paragraph. During the election period, if a part-time employee chooses to discontinue membership or chooses not to join the system, such employee shall have forfeited the right to become a member as long as the employee continues to be a part-time employee.

(7)

Elected officials, appointed department heads and employees occupying certain nonmerit appointed positions.

(i)

The provisions set forth in this paragraph shall only apply to a special employment category, namely, to appointed department heads, the Labor Commissioner of the county, all elected officials of the county, officers and employees of a "county agency" as defined in paragraph (5) of this section and those other employees of the county occupying nonmerit appointed positions in either the Office of the County Executive, the Office of the County Administrative Officer, the Office of the County Attorney, the Office of the State's Attorney, the Office of the County Auditor, Secretary to the County Council, the Office of People's Counsel, the Zoning and Deputy Zoning Commissioners, or certain employees of the Circuit Court; and these special provisions shall be applicable notwithstanding anything to the contrary in this subtitle.

(ii)

1.

Any person who falls within the aforementioned special employment category before January 1, 2014 may elect within two (2) years of the start of employment to join the System provided such person shall pass a physical examination satisfactory to the Board of Trustees. Any employee listed in this subsection who elects to become a member of the Retirement System shall remain a member as a condition of the member's employment.

2.

Any person who falls within the aforementioned special employment category who joins county service on or after January 1, 2014 may elect within 60 days of the start of employment to join the System, provided such person shall pass a physical examination satisfactory to the Board of Trustees. Any employee listed in this paragraph who elects to become a member of the Retirement System shall remain a member as a condition of the member's employment.

(iii)

The provisions of this paragraph apply to any person classified as a Council employee or aide employed as a regular part-time employee; and, except for a Council employee who begins service on or after July 1, 2010, any such employee who elects to join the System may purchase credit for service before joining the System by paying the contributions due plus interest before June 30, 2012.

(iv)

In order to facilitate the approval of the pickup provision in § 5-1-253(g) of this subtitle, it is required as follows: Any employee listed in this paragraph who entered service prior to July 15, 1987, and who has not become a member shall have a period of sixty (60) days to become a member after May 15, 1989. Any person who became an employee listed herein after July 15, 1987, must elect to become a member during the two-year period provided for in paragraph (6)(i) of this section. During the election period, if any employee listed herein chooses to discontinue membership or chooses not to join the System, such employee shall have forfeited the right to become a member as long as the employee continues employment in the categories listed in this subsection.

(8)

(i)

In this paragraph, "break in service" means a period of separation from employment with the employer, which separation occurs either by termination of the employee or resignation of the employee.

(ii)

This section does not apply to an employee who has a break in service if the employee:

1.

Failed to join the retirement system under paragraph (6) of this section but is reemployed under paragraph (1) or paragraph (7) of this section;

2.

Failed to join the retirement system under paragraph (7) of this section but is reemployed under paragraph (1) of this section; or

3.

Failed to join the retirement system under one special employment category in paragraph (7) of this section but is reemployed into a different special employment category under paragraph (7) of this section.

(iii)

An employee who has failed to join the retirement system within two (2) years or 60 days of employment, as applicable, as provided in paragraph (6) or paragraph (7) of this section may not join the retirement system unless the employee has had a break in service of not less than one hundred eighty (180) days from the immediately prior period of employment with the employer.

(ii)

Notwithstanding any other provision of this subtitle, membership benefits shall be considered vested after the member has completed a minimum of ten (10) years of membership service.

(9)

(i)

This paragraph applies to a member who begins service on or after July 1, 2007.

(ii)

Notwithstanding any other provision of this subtitle, membership benefits shall be considered vested after the member has completed a minimum of ten (10) years of membership service.

(10)

(i)

This paragraph applies to former employees of the Baltimore County Public Library who:

1.

Accepted offers of employment with the county as a result of the changes enacted in Bill 23-14; and

2.

Were members of a state retirement system.

(ii)

Notwithstanding any other provision of law, an employee may join the retirement system within 180 days after the effective date of Bill 46-14 and may transfer all service credit to the county system in accordance with the relevant provisions of state and county law.

(iii)

An employee who joins the retirement system shall be deemed as having joined the retirement system on the date the employee joined the state retirement system and shall:

1.

Pay accumulated contributions as provided for Group 3 members under Plan A who joined the retirement system before July 1, 2007;

2.

Be entitled to a Group 3 retirement benefit under Plan A and post-retirement increases as if the member had joined the retirement system before July 1, 2007; and

3.

Be allowed to participate in the deferred retirement option program under § 5-1-304 of this article.

(11)

(i)

This paragraph applies to a member who began service before July 1, 2007.

(ii)

Except as otherwise provided in this paragraph:

1.

Beginning on July 1, 2016:

A.

The rate of contribution for a member paying more than 7.25 percent shall be reduced to 7.25 percent;

B.

The rate of contribution for a member paying less than 6.25 percent shall be increased to 6.25 percent; and

C.

The rate of contribution for a member paying 6.25 percent or more but not more than 7.25 percent shall remain unchanged.

2.

Beginning on July 1, 2017:

A.

The rate of contribution for a member paying less than 6.75 percent shall be increased to 6.75 percent; and

B.

The rate of contribution for a member paying 6.75 percent or more but not more than 7.25 percent shall remain unchanged.

3.

Beginning on January 1, 2019, the rate of contribution shall be 7.25 percent.

(iii)

1.

This subparagraph applies to sworn members of the Fire Department on Pay Schedules V and VIII.

2.

Beginning on July 1, 2016, the rate of contribution shall be 8.65 percent.

3.

Beginning on July 1, 2017, the rate of contribution shall be 9.0 percent.

4.

Beginning on January 1, 2019:

A.

The rate of contribution for a member on Pay Schedule V shall be 9.5 percent; and

B.

The rate of contribution for a member on Pay Schedule VIII shall be 10 percent.

(iv)

1.

This subparagraph applies to sworn members of the Police Department on Pay Schedules IV and VII.

2.

Beginning on July 1, 2016:

A.

The rate of contribution for a member on Pay Schedule VII who was appointed on or before June 30, 2012 and a member on pay Schedule IV shall be 8.65 percent; and

B.

The rate of contribution for a member on Pay Schedule VII who was appointed on or after July 1, 2012 shall be 10.0 percent.

3.

Beginning on July 1, 2017, the rate of contribution for a member on Pay Schedule VII who was appointed on or before June 30, 2012 shall be 9.0 percent.

4.

Beginning on January 1, 2019, the rate of contribution for a member on Pay Schedule VII who was appointed on or before June 30, 2012 shall be 9.5 percent.

(v)

1.

This subparagraph applies to:

A.

Correctional officers on Pay Schedule 1C; and

B.

Deputy sheriffs on Pay Schedule XIII.

2.

Beginning on July 1, 2016:

A.

The rate of contribution for a member paying more than 7.5 percent shall be reduced to 7.5 percent;

B.

The rate of contribution for a member paying less than 6.5 percent shall increase to 6.5 percent; and

C.

The rate of contribution for a member paying 6.5 percent or more but not more than 7.5 percent shall remain unchanged.

3.

Beginning on July 1, 2017:

A.

The rate of contribution for a member paying less than 7.0 percent shall increase to 7.0 percent; and

B.

The rate of contribution for a member paying 7.0 percent or more but not more than 7.5 percent shall remain unchanged.

C.

Beginning on January 1, 2019, the rate of contribution shall be 7.5 percent.

(vi)

1.

This subparagraph applies to appointed department heads.

2.

Beginning on July 1, 2016:

A.

The rate of contribution for a member paying less than 8.75 percent shall increase to 8.75 percent;

B.

The rate of contribution for a member paying more than 10.0 percent shall be reduced to 10.0 percent; and

C.

The rate of contribution for a member paying more than 8.75 percent but not more than 10.0 percent shall remain unchanged.

3.

Beginning on July 1, 2017:

A.

The rate of contribution for a member paying less than 9.25 percent shall increase to 9.25 percent; and

B.

The rate of contribution for a member paying more than 9.25 percent but not more than 10 percent shall remain unchanged.

4.

Beginning on January 1, 2019, the rate of contribution shall be 10.0 percent.

(12)

(i)

This paragraph applies to a member who begins service on or after July 1, 2007.

(ii)

Except as otherwise provided in this paragraph, beginning on July 1, 2016, the rate of contribution shall be 7.0 percent.

(iii)

1.

This subparagraph applies to sworn members of the Fire Department on Pay Schedules V and VIII.

2.

Beginning on July 1, 2016:

A.

The rate of contribution for a member who began service on or before June 30, 2011 shall be 8.65 percent; and

B.

The rate of contribution for a member who began service on or after July 1, 2011 shall be 10 percent.

3.

Beginning on July 1, 2017, the rate of contribution for a member who began service on or before June 30, 2011 shall be 9.0 percent.

4.

Beginning on January 1, 2019:

A.

The rate of contribution for a member on Pay Schedule V who began service on or before June 30, 2011 shall be 9.5 percent; and

B.

The rate of contribution for a member on Pay Schedule VIII who began service on or before June 30, 2011 shall be 10 percent.

(iv)

1.

This subparagraph applies to sworn members of the Police Department on Pay Schedules IV and VII.

2.

Beginning on July 1, 2016:

A.

The rate of contribution for a member on Pay Schedule IV who began service on or before June 30, 2014 shall be 8.5 percent;

B.

The rate of contribution for a member on Pay Schedule VII who was appointed on or before June 30, 2012 shall be 8.65 percent; and

C.

The rate of contribution for a member on Pay Schedule VII who was appointed on or after July 1, 2012 and for a member on Pay Schedule IV who began service on or after July 1, 2014 shall be 10 percent.

3.

Beginning on July 1, 2017, the rate of contribution for a member on Pay Schedule VII who was appointed on or before June 30, 2012 shall be 9.0 percent.

4.

Beginning on January 1, 2019, the rate of contribution for a member on Pay Schedule VII who was appointed on or before June 30, 2012 shall be 9.5 percent.

(v)

1.

This subparagraph applies to:

A.

Correctional officers on Pay Schedule 1C; and

B.

Deputy Sheriffs on Pay Schedule XIII.

2.

Beginning on July 1, 2016:

A.

The rate of contribution for a member who began service on or before June 30, 2011 shall be 8.0 percent; and

B.

The rate of contribution for a member who began service on or after July 1, 2011 shall be 10 percent.

(vi)

1.

This subparagraph applies to appointed department heads.

2.

Beginning on July 1, 2016, the rate of contribution shall be 10.5 percent.

(1988 Code, § 23-38) (Bill No. 188, 1991, § 1, 12-9-1991; Bill No. 32-03, § 1, 6-30-2002, 7-1-2004; Bill No. 71-03, § 8, 7-1-2004; Bill No. 118-03, § 3, 12-19-2003; Bill No. 42-07, § 1, 6-6-2007; Bill No. 30-10, §§ 1, 2, 5, 11, 7-1-2010; Bill No. 43-11, § 1, 8-14-2011; Bill No. 65-12, § 2, 11-30-2012; Bill No. 28-13, § 2, 6-5-2013; Bill No. 61-13, § 1, 12-29-2013; Bill No. 25-14, § 1, 7-1-2014; Bill No. 46-14, § 1, 9-15-2014; Bill No. 51-14, § 1, 10-19-2014; Bill No. 37-16, § 1, 7-1-2016 ; Bill No. 36-18 , § 1, 7-1-2018)

Editor's note:
  Section 2 of Bill No. 43-11 provides that this Act shall take effect August 14, 2011 retroactive to July 1, 2011.
  Section 5 of Bill No. 65-12 provides that Section 2 of this Act shall take effect retroactively to July 1, 2011.
  Section 5 of Bill No. 28-13 provides that Section 2 of this Act shall take effect as provided in Section 6 of this Act retroactive to July 1, 2012. Notwithstanding the rates of contribution provided for in § 5-1-203(11) of the Baltimore County Code, 2003, pay schedule VII employees shall make up for the deficit in contributions from July 1, 2012 to the effective date of this Act through increased contributions over a period of not less than 2 years from the effective date of this Act.
  Section 2 of Bill No. 61-13 provides that, notwithstanding any other provisions of this Act, the Board of Trustees may adopt rules to allow certain, defined seasonal or part-time employees to join the Retirement System within two years of the date of employment as previously authorized under Article 5, Title 1 of the Baltimore County Code, 2003. The rules adopted by the Board may not subvert the intention of this Act to require all individuals eligible to join the Retirement System to do so within 60 days after commencement of employment.
  Section 1 of Bill No. 46-14 provides that the provisions contained in this section are to be codified as paragraph (11). However, this § 5-1-203 already contains a paragraph (11), so the editor has codified the provisions as paragraph (12).
  Section 2 of Bill No. 51-14 provides that it is the intent of this Act only to allow a current member of the retirement system who waited not more than two (2) years to join the retirement system as formerly authorized under § 5-1-203(1), (6), and (7) of the Baltimore County Code, 2003 to purchase credit for the period between the date of employment before July 1, 2010 and the date the member joined the retirement system, not later than June 30, 2012. It is not the intent of this Act to authorize a person who failed to join the retirement system to do so, including a person who failed to join the retirement system during an earlier employment with the county or county agency who later joined the retirement system on subsequent employment.