2023 Maryland Statutes › State Personnel and Pensions › Division II - Pensions › Title 26 - Law Enforcement Officers' Pension System › Subtitle 2 - Membership › Part I - Membership Generally › Section 26-201 - Membership in the Law Enforcement Officers' Pension System -- Scope

(a)    Except as provided in subsection (b) of this section, this subtitle applies only to:
(1)    an employee of the Department of Natural Resources commissioned by the Secretary of Natural Resources as:
(i)    a Natural Resources police officer; or
(ii)    a law enforcement officer, other than a Natural Resources police officer;
(2)    a law enforcement officer employed by:
(i)    the Field Enforcement Bureau; or
(ii)    the Field Enforcement Division of the Alcohol and Tobacco Commission;
(3)    a member of the Maryland Transportation Authority Police Force who has the powers granted to a police officer under § 4–208 of the Transportation Article;
(4)    a deputy sheriff employed by the Baltimore City Sheriff’s Department;
(5)    a member of the University System of Maryland Police Force who has the powers granted to a police officer under § 13–601 of the Education Article;
(6)    a law enforcement officer or firefighter employed by a participating governmental unit that on or after July 1, 1999 has elected to participate in the Law Enforcement Officers’ Pension System;
(7)    the State Fire Marshal or a Deputy State Fire Marshal;
(8)    a member of the Morgan State University Police Force who has the powers granted to a police officer under § 14–106 of the Education Article;
(9)    a member of the BWI Airport Fire & Rescue Department;
(10)    a member of the Maryland Capitol Police of the Department of General Services who has the powers granted to a police officer under § 4–605 of the State Finance and Procurement Article;
(11)    an employee of the Maryland Department of Health commissioned by the Secretary of Health as a Maryland Department of Health police officer;
(12)    an employee of the Motor Vehicle Administration commissioned by the Secretary of Transportation as a Motor Vehicle Administration police officer;
(13)    a firefighter or law enforcement officer for the Martin State Airport employed by the Military Department;
(14)    a police officer employed by the Division of Rehabilitation Services in the Department of Education, certified in accordance with the Maryland Police and Correctional Training Commissions;
(15)    a firefighter or paramedic employed by the Salisbury Fire Department who is eligible to be a member as provided in Title 31, Subtitle 2A of this article;
(16)    an aviator employed by the Department of State Police to operate an aircraft for the State Emergency Medical System;
(17)    a member of the Maryland Transit Administration Police Force who has the powers granted to a police officer under § 7–207 of the Transportation Article;
(18)    an individual who is elected or appointed as the Baltimore City Sheriff and who does not elect to join the Employees’ Pension System under Title 23 of this article within 6 months of the date the individual begins serving as the Baltimore City Sheriff;
(19)    a member of the Department of Public Safety and Correctional Services Intelligence and Investigative Division who has the powers granted to a police officer under § 10–701 of the Correctional Services Article;
(20)    a police officer employed by the Baltimore City Community College who has the power granted to a police officer under § 16–513 of the Education Article;
(21)    an employee of the Warrant Apprehension Unit of the Intelligence and Investigative Division in the Department of Public Safety and Correctional Services who has the powers granted to a peace officer or police officer under § 10–702 of the Correctional Services Article; or
(22)    the Executive Director of the Alcohol and Tobacco Commission.
(b)    This subtitle does not apply to:
(1)    a Maryland Transportation Authority police officer who transferred from the Employees’ Retirement System to the Employees’ Pension System on or after December 1, 1996;
(2)    a deputy sheriff employed by the Baltimore City Sheriff’s Department who transferred from the Employees’ Retirement System to the Employees’ Pension System on or after December 1, 1996;
(3)    a member of the University System of Maryland Police Force who transferred from the Employees’ Retirement System to the Employees’ Pension System on or after December 1, 1997;
(4)    a law enforcement officer or firefighter employed by a participating governmental unit who transferred from the Employees’ Retirement System to the Employees’ Pension System on or after December 1, 1997;
(5)    a Maryland Port Administration police officer who transferred from the Employees’ Retirement System to the Employees’ Pension System on or after December 1, 1997;
(6)    a State Fire Marshal or Deputy State Fire Marshal who transferred from the Employees’ Retirement System to the Employees’ Pension System on or after December 1, 1996;
(7)    a member of the Morgan State University Police Force who transferred from the Employees’ Retirement System to the Employees’ Pension System on or after December 1, 1997;
(8)    a member of the BWI Airport Fire & Rescue Department who transferred from the Employees’ Retirement System to the Employees’ Pension System on or after April 1, 1998;
(9)    a member of the Maryland Capitol Police of the Department of General Services, Maryland Department of Health, or Motor Vehicle Administration who transferred from the Employees’ Retirement System to the Employees’ Pension System on or after April 1, 1998;
(10)    a firefighter or law enforcement officer for the Martin State Airport employed by the Military Department who transferred from the Employees’ Retirement System to the Employees’ Pension System on or after April 1, 1998;
(11)    a police officer employed by the Division of Rehabilitation Services in the Department of Education who:
(i)    is certified in accordance with the Maryland Police and Correctional Training Commissions; and
(ii)    transferred from the Employees’ Retirement System to the Employees’ Pension System on or after April 1, 1998;
(12)    a firefighter or paramedic employed by the Salisbury Fire Department who transferred from the Employees’ Retirement System to the Employees’ Pension System on or after April 1, 1998;
(13)    an aviator employed by the Department of State Police to operate an aircraft for the State Emergency Medical System who transferred from the Employees’ Retirement System to the Employees’ Pension System on or after April 1, 1998; or
(14)    a police officer employed by the Baltimore City Community College who transferred from the Employees’ Retirement System to the Employees’ Pension System on or after December 1, 1996.