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MD SB388

MD SB388
State Retirement and Pension System – Forfeiture of Benefits


summary

Introduced
01/17/2025
In Committee
01/17/2025
Crossed Over
Passed
Dead
04/08/2025

Introduced Session

2025 Regular Session

Bill Summary

Establishing that a public employee is subject to forfeiture of benefits from the State Retirement and Pension System when a public employee is found guilty of, pleads guilty to, or enters a plea of nolo contendere to a qualifying crime that is committed in the course of the performance of the public employee's duties; providing for the processes and procedures to implement a forfeiture of benefits; and providing for the processes and procedures to reverse a forfeiture of benefits.

AI Summary

This bill establishes a comprehensive framework for forfeiting retirement benefits for public employees who are convicted of certain crimes committed during the performance of their official duties. Specifically, the bill applies to members of various state retirement systems, including state police, law enforcement, teachers, correctional officers, and judges, and will take effect on July 1, 2025. A "qualifying crime" is defined as certain criminal offenses under Maryland law that are committed while performing job responsibilities. When a public employee is found guilty of such a crime, their retirement allowance may be forfeited, though the bill includes several important protections and procedures. Public employees can petition the court within one year of conviction for partial benefit payments, considering factors like the severity of the crime, financial needs of the employee and their dependents, and the degree of public trust violated. The bill also preserves certain rights for spouses, former spouses, and dependents, allowing them to potentially receive benefits through a domestic relations order. If a conviction is later overturned, the retirement benefits must be fully restored, including cost-of-living adjustments. The bill emphasizes that it applies only to crimes committed after its effective date and includes provisions to ensure that benefit forfeitures do not compromise the tax-qualified status of the retirement systems.

Committee Categories

Budget and Finance

Sponsors (1)

Last Action

Senate Budget and Taxation Hearing (09:00:00 2/13/2025 ) (on 02/13/2025)

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