ARTICLE 22 RETIREMENT SYSTEMS - Baltimore

ARTICLE 22 RETIREMENT SYSTEMS

(As Last Amended by Ord. 21-019)

Published by BALTIMORE CITY DEPARTMENT OF LEGISLATIVE REFERENCE

Avery Aisenstark, Director 2021

05/20/21

Copyright ? 2021 The Mayor and City Council of Baltimore

Department of Legislative Reference

All rights reserved

For information ? call, write, or fax: Department of Legislative Reference

626 City Hall Baltimore, Maryland 21202 Tel: (410) 396-4730 F Fax: (410) 396-8483

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TABLE OF SUBTITLES

Employees' Retirement System Elected Officials' Retirement System Fire and Police Employees' Retirement System Contractual Provisions Investment Advisors Police Department, Special Fund General Provisions

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TABLE OF SECTIONS

EMPLOYEES' RETIREMENT SYSTEM

? 1. Definitions. ? 2. Name and date operative. ? 3. Membership. ? 4. Service creditable. ? 5. Administration; Board of Trustees. ? 6. Benefits. ? 7. Management of funds. ? 8. Method of financing. ? 9. Class C membership. ? 9.1. Election between plans. ? 9.2. Class D membership. ? 10. Guaranty. ? 11. Exemption from assignment and execution. ? 12. Recovery of overpayments. ? 13. Limitation of other statutes. ? 14. Social Security Act. ? 15. Administrative appeal; Judicial review. ? 16. Additional opportunity for Class A and Class B

members to obtain credit. ? 17. Post-retirement benefit increases to certain retirees

and beneficiaries. ? 17.1. Post-retirement benefit increases ... before

July 1, 2007. ? 17.2. Post-retirement benefit increases ... on or after

July 1, 2007. ? 17.3. Post-retirement benefit increases for Class D

members.

ELECTED OFFICIALS' RETIREMENT SYSTEM

? 17A. Definitions. ? 18. Name and date operative. ? 19. Membership. ? 20. Military service creditable. ? 21. Board of Trustees. ? 22. Benefits. ? 23. Management of Funds. ? 24. Method of financing. ? 25. Exemption from assignment and execution. ? 26. Appeal and judicial review. ? 27. Post-retirement benefit increases. ? 28. {Vacant}

FIRE AND POLICE EMPLOYEES' RETIREMENT SYSTEM

? 29. Name and date operative. ? 30. Definitions. ? 31. Membership. ? 32. Service creditable. ? 33. Administration. ? 34. Benefits. ? 34.1. Benefit payments. ? 35. Management of Funds. ? 36. Method of financing. ? 36A. Post-retirement benefit increases to certain retirees

and beneficiaries. ? 36B. Deferred Retirement Option Plan. ? 36C. Deferred Retirement Option Plan 2. ? 37. Guaranty. ? 38. Exemption from assignment and execution. ? 39. Protection against fraud; validating overpayments. ? 40. Limitation of other statutes. ? 41. Hearings. ? 41A. Subpoena powers.

CONTRACTUAL PROVISIONS

? 42. Contractual relationship.

INVESTMENT ADVISORS

? 43. Employment; duties.

POLICE DEPARTMENT, SPECIAL FUND

? 44. Widows' benefits. ? 45. Military service credit.

GENERAL PROVISIONS

? 46. Scope of subtitle. ? 47. Definitions. ? 48. Contemporaneous benefits from 2 or more City

systems.

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RETIREMENT SYSTEMS

ART. 22, ? 1

EMPLOYEES' RETIREMENT SYSTEM

? 1. Definitions.

(1) Retirement System.

"Retirement System" shall mean the Employees' Retirement System of the City of Baltimore as defined in ? 2 of this subtitle.

(2) Employee.

(i) In general.

"Employee" means, except as provided in subparagraph (ii) of this paragraph, any of the following:

(A) any permanent officer or employee of the Mayor and City Council of Baltimore, including any officer or employee of an agency, department, unit, subdivision, or instrumentality of the Mayor and City Council;

(B) any permanent officer or employee, by whatever authority appointed, whose salary or compensation is paid by the Mayor and City Council of Baltimore, except when the City acts only as an agent for the convenience of disbursing payroll funds;

(C) any employee of the Baltimore City Public School System who is not eligible to participate in the Maryland State Retirement and Pension System;

(D) any employee of the Maryland Department of Public Safety and Correctional Services who:

1. was a City employee working at the Baltimore City Jail when the State assumed administration of the Jail in July 1991; and

2. on becoming a State employee, elected to remain a member of this System;

(E) any employee of the Baltimore Museum of Art or of the Walters Art Museum who was employed by either museum on or before June 30, 2014, except that, after termination of that employment, if the employee is rehired on or after July 1, 2014, the employee no longer is an "employee" for purposes of this subtitle; and

(F) the State's Attorney for Baltimore City.

(ii) Exclusions.

"Employee" does not include:

(A) any "elected official", as defined in ? 17A(2) of this article for purposes of membership in the Elected Officials' Retirement System of the City of Baltimore; or

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