Skip to main content
Find a Lawyer

Maryland Code, State Personnel and Pensions § 21-304

Current as of December 31, 2021 | Updated by FindLaw Staff

(a)(1) In this section the following words have the meanings indicated.

(2) With respect to local employees, “aggregate annual earnable compensation” means the total annual earnable compensation payable by a local employer to all of its local employees, calculated as of June 30 of the second prior fiscal year before the fiscal year for which the calculation is made under this section, adjusted by any actuarial assumed salary increases that were used in the actuarial valuation prepared under § 21-125(b) of this title for the immediate prior fiscal year.

(3) “Local employee” means a member of the Teachers' Retirement System or the Teachers' Pension System who is an employee of a day school in the State under the authority and supervision of a county board of education or the Baltimore City Board of School Commissioners, employed as:

(i) a clerk;

(ii) a helping teacher;

(iii) a principal;

(iv) a superintendent;

(v) a supervisor; or

(vi) a teacher.

(4) “Local employer” means a county board of education or the Baltimore City Board of School Commissioners.

(5) “State member” does not include a member on whose behalf a participating governmental unit is required to make an employer contribution under § 21-305 or § 21-306 of this subtitle.

(6) “Total employer contribution for local employees” means that portion of the employer contribution calculated under subsection (b) of this section that is attributable to all local employees.

(b)(1) Subject to paragraphs (4) and (5) of this subsection, each fiscal year, on behalf of the State members of each State system, the State shall pay to the appropriate accumulation fund an amount equal to or greater than the sum of the amount, if any, required to be included in the budget bill under § 3-501(c)(2)(ii) of this article and the product of multiplying:

(i) the aggregate annual earnable compensation of the State members of that State system; and

(ii) the sum of the normal contribution rate and the accrued liability contribution rate for State members of that State system, as determined under this section.

(2) The amount determined under paragraph (1) of this subsection for each State system shall be based on an actuarial determination of the amounts that are required to preserve the integrity of the funds of the several systems using:

(i) the entry-age actuarial cost method; and

(ii) actuarial assumptions adopted by the Board of Trustees.

(3) For the purpose of making the determinations required under this section:

(i) the Employees' Retirement System, the Employees' Pension System, the Correctional Officers' Retirement System, and the Legislative Pension Plan shall be considered together as one State system; and

(ii) the Teachers' Retirement System and the Teachers' Pension System shall be considered together as one State system.

(4)(i) Subject to § 21-309.1 of this subtitle, beginning on July 1, 2012, and each fiscal year thereafter, each local employer shall pay to the appropriate accumulation fund an amount equal to the local share of the total employer contribution for local employees as provided in this paragraph.

(ii) For fiscal years 2013 through 2016, each local employer shall pay to the Board of Trustees its local share, which shall be equal to the following amounts:

Local
Employer

Fiscal
Year
2013

Fiscal
Year
2014

Fiscal
Year
2015

Fiscal
Year
2016

Allegany

1,487,742

1,885,754

2,412,465

2,773,667

Anne Arundel

11,493,684

14,568,567

18,637,716

21,428,297

Baltimore City

12,922,862

16,380,092

20,955,217

24,092, 793

Baltimore

15,755,802

19,970,922

25,549,002

29,374,395

Calvert

2,835,938

3,594,631

4,598,648

5,287,193

Caroline

793,934

1,006,334

1,287,413

1,480,175

Carroll

4,005,782

5,077,441

6,495,621

7,468,196

Cecil

2,459,819

3,117,889

3,988,747

4,585,973

Charles

3,936,516

4,989,645

6,383,304

7,339,061

Dorchester

656,543

832,186

1,064,625

1,224,028

Frederick

5,893,461

7,470,128

9,556,610

10,987,499

Garrett

664,714

842,544

1,077,874

1,239,262

Harford

5,529,741

7,009,102

8,966,815

10,309,396

Howard

9,821,066

12,448,477

15,925,463

18,309,945

Kent

366,147

464,102

593,730

682,628

Montgomery

27,227,553

34,511,689

44,151,153

50,761,802

Prince George's

19,554,579

24,785,979

31,708,954

36,456,662

Queen Anne's

1,105,527

1,401,286

1,792,679

2,061,093

St. Mary's

2,485,697

3,150,691

4,030,711

4,634,220

Somerset

480,124

608,570

778,550

895,121

Talbot

628,456

796,586

1,019,080

1,171,665

Washington

3,094,113

3,921,875

5,017,294

5,768,522

Wicomico

2,173,593

2,755,091

3,524,616

4,052,348

Worcester

1,271,561

1,611,739

2,061,914

2,370,640

(iii) Beginning in fiscal year 2017, each local employer shall pay to the Board of Trustees its local share equal to the normal contribution rate for the Teachers' Retirement System and the Teachers' Pension System multiplied by the aggregate annual earnable compensation of the local employees of that local employer.

(5) The difference between the total employer contribution for local employees and the local share of the total employer contribution for all local employees shall be the obligation of the State.

(c)(1) As part of each actuarial valuation, the actuary shall determine the normal contributions, net of member contributions, on account of the State members of each State system.

(2) For each State system, the normal contribution rate equals the fraction that has:

(i) as its numerator, the sum of the normal contributions determined under this subsection; and

(ii) as its denominator, the aggregate annual earnable compensation of the State members of the State system.

(d)(1) Beginning July 1, 2023, each year the Board of Trustees shall set contribution rates for each State system that shall amortize:

(i) all unfunded liabilities or surpluses accrued as of June 30, 2023, over the time remaining until June 30, 2039; and

(ii) any new unfunded liabilities or surpluses that have accrued from July 1 of the preceding fiscal year over closed periods of:

1. 15 years for experience gains and losses;

2. 25 years for the effect of changes in actuarial assumptions and methods;

3. at least 10 but not exceeding 15 years for the effect of any new legislation; and

4. 5 years for accrued liability resulting from legislation providing incentives for the early retirement of State employees.

(2) On recommendation of the system's actuary, for the purpose of mitigating tail volatility in the annual contribution rate, the Board of Trustees may adjust the period of amortization under paragraph (1)(ii) of this subsection for liabilities or surpluses accrued in any fiscal year.

(e) The Board of Trustees may not certify contribution rates under this section that would result in a contribution rate below the normal cost, as determined by the system's actuary.

Back to chapter list
Previous part of code Next part of code
Back to chapter list

Cite this article: FindLaw.com - Maryland Code, State Personnel and Pensions § 21-304 - last updated December 31, 2021 | https://codes.findlaw.com/md/state-personnel-and-pensions/md-code-st-pers-and-pens-sect-21-304/

Read this complete Maryland Code, State Personnel and Pensions § 21-304 on Westlaw. Westlaw subscription required.

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Was this helpful?

Search all Maryland Codes

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About the Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to find an attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard