EXPLANATION: CAPITALS indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.
THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.
INTRODUCTORY*
CITY OF BALTIMORE
COUNCIL BILL
Introduced by: Councilmember Clarke
A BILL ENTITLED
AN ORDINANCE concerning
Title
Fire and Police Employees' Retirement System - Purchase of Prior HABC Police Service Credit
FOR the purpose of authorizing members of the Fire and Police Employees' Retirement System to purchase certain service previously earned in the HABC pension plan while working for the HABC Police; and providing for a special effective date.
Body
BY adding
Article 22 - Retirement Systems
Section(s) 32(m)
Baltimore City Code
(Edition 2000)
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Laws of Baltimore City read as follows:
Baltimore City Code
Article 22. Retirement Systems
Subtitle - Fire and Police Employees' Retirement System
§ 32. Service creditable.
(M) PURCHASE OF SERVICE - FORMER HABC POLICEMEN BECOMING MEMBERS.
(1) DEFINITIONS.
(I) IN GENERAL.
IN THIS SUBSECTION, THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED.
(II) CIVILIAN POSITION.
"CIVILIAN POSITION" MEANS A POSITION HELD BY A FORMER HABC EMPLOYEE THAT WAS NOT AN HABC POLICE POSITION.
(III) HABC.
"HABC" MEANS THE HOUSING AUTHORITY OF BALTIMORE CITY.
(IV) HABC PENSION PLAN.
"HABC PENSION PLAN" MEANS THE NON-ACTUARIALLY FUNDED PENSION PLAN COVERING THE FORMER HABC POLICE.
(V) HABC POLICE POSITION.
"HABC POLICE POSITION" MEANS A POSITION COVERED BY THE HABC PENSION PLAN HELD BY A FORMER HABC POLICE EMPLOYEE WHO WAS REGULARLY ENGAGED IN ENFORCING THE PUBLIC PEACE AND WHOSE DUTIES INCLUDED THE POWER OF ARREST.
(2) PURCHASE AUTHORIZED.
AN EMPLOYEE WHO BECOMES A MEMBER OF THIS SYSTEM MAY PURCHASE SERVICE PREVIOUSLY ACQUIRED IN THE HABC PENSION PLAN IF:
(I) THE MEMBER BEGINS EMPLOYMENT COVERED BY THIS SYSTEM WITHIN 30 DAYS OF TERMINATING HIS OR HER HABC POLICE POSITION;
(II) THE MEMBER FILES AN APPLICATION WITH THIS SYSTEM TO PURCHASE THAT SERVICE ON OR BEFORE JUNE 30, 2008;
(III) THE HABC PENSION PLAN PROVIDES VERIFICATION TO THIS SYSTEM OF THE MEMBER'S PURCHASEABLE SERVICE; AND
(IV) ON PURCHASING CREDIT EARNED IN THE HABC PENSION PLAN, THE MEMBER WOULD NO LONGER BE ELIGIBLE TO RECEIVE A PRESENT OR FUTURE BENEFIT FROM THE HABC PENSION PLAN FOR THE SERVICE PURCHASED.
(3) LIMIT OF YEARS PURCHASEABLE.
(I) IF THE SERVICE FROM THE HABC PENSION PLAN WAS EARNED ON ACCOUNT OF EMPLOYMENT IN AN HABC POLICE POSITION, THE MEMBER MAY PURCHASE UP TO 10 YEARS OF THAT SERVICE.
(II) THE MEMBER MAY NOT PURCHASE ANY SERVICE FROM THE HABC PENSION PLAN THAT WAS ACQUIRED OR EARNED ON ACCOUNT OF EMPLOYMENT IN A CIVILIAN POSITION.
(4) PAYMENT AMOUNT.
FOR SERVICE PURCHASED FROM THE HABC PENSION PLAN, THE MEMBER MUST PAY:
(I) AN AMOUNT EQUAL TO THE PRODUCT OF:
1. THE MEMBER'S ACTUAL EARNABLE COMPENSATION FOR THE POSITION COVERED BY THIS SYSTEM AT THE LATER OF:
A. THE MEMBER'S DATE OF ENTRY INTO THIS SYSTEM, OR
B. OCTOBER 31, 2004; MULTIPLIED BY
2. THE NUMBER OF YEARS OR PART OF A YEAR OF SERVICE TO BE TRANSFERRED; MULTIPLIED BY
3. 12%; PLUS
(II) INTEREST ON THAT PRODUCT, CALCULATED AT THIS SYSTEM'S CURRENT ANNUITY SAVINGS FUND RATE, FROM THE MEMBER'S DATE OF ENTRY INTO THIS SYSTEM TO THE DATE THE PAYMENT FOR THE PURCHASE OF SERVICE IS COMPLETED.
(5) PAYMENT METHODS; DEADLINE.
THE PAYMENT FOR PURCHASED SERVICE FROM THE HABC PENSION PLAN:
(I) MAY BE MADE BY A SINGLE PAYMENT OR AN INCREASED RATE OF CONTRIBUTION; BUT
(II) MUST BE COMPLETED BEFORE THE EARLIER OF:
1. 10 YEARS FROM THE DATE THIS SYSTEM RECEIVES THE MEMBER'S APPLICATION TO PURCHASE SERVICE; OR
2. THE MEMBER'S RETIREMENT DATE.
(6) PRO RATA CREDIT.
THE SERVICE PURCHASED FROM THE HABC PENSION PLAN SHALL BE CREDITED PRO RATA AT THE TIME EACH PAYMENT FOR THE SERVICE IS MADE.
(7) PURCHASED SERVICE DEEMED EARNED IN THIS SYSTEM.
FOR PURPOSES OF DETERMINING BENEFIT ELIGIBILITY AND CALCULATION OF BENEFITS, ON PAYMENT BY A MEMBER FOR THE SERVICE EARNED IN THE HABC PENSION PLAN AND THE CREDIT OF THAT SERVICE BY THIS SYSTEM, THE PURCHASED SERVICE MAY NOT BE TREATED AS "SERVICE AS A CONTRIBUTING MEMBER OF THIS SYSTEM" AS IS REQUIRED FOR ELIGIBILITY FOR NORMAL SERVICE RETIREMENT IN § 34(A)(1), ELIGIBILITY FOR THE DEFERRED RETIREMENT OPTION PLAN IN § 36B(A), OR OTHER APPLICABLE SECTIONS.
(8) PRE-EXISTING CONDITIONS.
A MEMBER IS NOT ENTITLED TO DISABILITY RETIREMENT FROM THIS SYSTEM ATTRIBUTABLE TO AN INJURY OR ILLNESS THAT OCCURRED PRIOR TO THE MEMBER'S DATE OF ENTRY IN THIS SYSTEM.
SECTION 2. AND BE IT FURTHER ORDAINED, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.
SECTION 3. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the date it is enacted.
dlr07-1476(2)~intro/26Sep07
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dlr07-1476(2)~intro/26Sep07
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