SB 491

WES MOORE, Governor  Ch. 297
Chapter 297
  (Senate Bill 491)
AN ACT concerning
Law Enforcement Officers’ Pension System – Military Service Credit Eligibility
  – Helicopter Pilots
FOR the purpose of authorizing certain members of the Law Enforcement Officers’ Pension
     System assigned as helicopter pilots in a State law enforcement aviation unit to
     receive credit for certain military service if the member receives military service
     credit in another retirement system; prohibiting an individual from receiving credit
     more than a certain number of times; and generally relating to members of the Law
     Enforcement Officers’ Pension System receiving military service credit.
BY repealing and reenacting, with amendments,
      Article – State Personnel and Pensions
      Section 38–104
      Annotated Code of Maryland
      (2024 Replacement Volume and 2025 Supplement)
      SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
  Article – State Personnel and Pensions
38–104.
      (a)     (1)   This section applies to an individual who is:
  (i)     a member of a State system; or
  (ii)   a former member of a State system who is eligible to receive a
benefit under § 29–302 or § 29–303 of this article.
  (2)   This section does not apply to a retiree of a State system.
       (b)    Except as provided in [subsection (c)] SUBSECTIONS (C) AND (E) of this
section, an individual described in subsection (a) of this section, who has not met the
conditions set forth in § 38–103(a)(2) through (4) of this subtitle, is entitled to receive
service credit for military service only on the attainment of 10 years of service credit earned
through employment as a member of a State system.
       (c)   (1)    An individual described in subsection (a) of this section may not receive
credit for that military service if the individual receives credit for military service from
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 Ch. 297  2026 LAWS OF MARYLAND
another retirement system for which retirement benefits have been or will be received by
the individual.
  (2)    Paragraph (1) of this subsection does not apply to:
  (i)    credit for military service provided under:
  1.     the Social Security Act;
  2.     the National Railroad Retirement Act; or
  3.     Title 3 or Title 10, Chapter 1223, §§ 12731 through 12737
of the United States Code; [or]
  (ii)   disability payments from a pension or retirement system; OR
  (III) A MEMBER OR FORMER MEMBER OF THE LAW
ENFORCEMENT OFFICERS’ PENSION SYSTEM WHO IS OR WAS ASSIGNED AS A
HELICOPTER PILOT IN A STATE LAW ENFORCEMENT AVIATION UNIT.
  (3)    (i)    Military service credit under this section may not exceed 5 years.
  (ii)  Subject to subparagraph (i) of this paragraph, a member of the
Maryland National Guard or of a reserve component of the armed forces of the United
States who has not been activated under Title 10 of the United States Code, shall receive
service credit at the rate of 4 months for each full year of service with the Maryland
National Guard or with a reserve component of the armed forces of the United States, not
to exceed a total of 36 months.
  (iii) Subject to subparagraph (i) of this paragraph, an individual shall
receive service credit at the rate of 4 months for each full year of attendance at a United
States service academy, not to exceed a total of 16 months.
       (d)    (1)   Except as provided in paragraph (2) of this subsection, the service credit
for military service that an individual receives under this section shall be applied to the
individual’s retirement allowance using the accrual rate in effect at the time the individual
retires from a State system.
  (2)     If an individual applies for military service credit on or after July 1,
2011, the service credit for military service that the individual receives under this section
shall be applied to the individual’s retirement allowance using the accrual rate in effect at
the time the individual submits an application for military service credit to the State
Retirement Agency.
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  WES MOORE, Governor  Ch. 297
     (E)  AN INDIVIDUAL MAY NOT RECEIVE SERVICE CREDIT UNDER THIS
SECTION MORE THAN ONCE.
      SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2026.
Approved by the Governor, April 28, 2026.
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