LEGISLATIVE HANDBOOK SERIES - Maryland

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LEGISLATIVEHANDBOOKSERIESVOLUME VMARYLANDSTATE PERSONNEL,PENSIONS, ANDPROCUREMENT

Maryland State Personnel,Pensions, and ProcurementLegislative Handbook SeriesVolume V2018

Contributing StaffWritersPhillip S. AnthonyJade D. McDuffieMatthew D. JacksonLindsay RoweMichael C. RubensteinHeather N. RubyLaure M. VykolReviewersJodie L. ChilsonPatrick S. FrankVictoria L. GruberLisa J. SimpsonFor further information concerning this document contact:Library and Information ServicesOffice of Policy AnalysisDepartment of Legislative Services90 State CircleAnnapolis, Maryland 21401Baltimore Area: 410-946-5400 Washington Area: 301-970-5400Other Areas: 1-800-492-7122, Extension 5400TTY: 410-946-5401 301-970-5401Maryland Relay Service: 1-800-735-2258E-mail: libr@mlis.state.md.usHome Page: http://mgaleg.maryland.govThe Department of Legislative Services does not discriminate on the basis of age, ancestry,color, creed, marital status, national origin, race, religion, gender, gender identity, sexualorientation, or disability in the admission or access to its programs, services, or activities. TheDepartment's Information Officer has been designated to coordinate compliance with thenondiscrimination requirements contained in Section 35.107 of the Department of JusticeRegulations. Requests for assistance should be directed to the Information Officer at thetelephone numbers shown above.ii

ForewordThe legislature exercises its major role in fiscal policy through the budget process.The budget not only establishes the level of appropriations for the next fiscal year butindicates the spending priorities and policies of State government.This volume has been prepared to assist the members of the Maryland GeneralAssembly in understanding the budget process and to aid in the exercise of theirindividual and collective judgment on budget issues. It is not intended to be a definitivelegal analysis of the process or a procedures manual but rather a primer for members ofthe legislature. The study is based on the policies and procedures in effect at the2018 session of the General Assembly.This is one of nine volumes of the 2018 Legislative Handbook Series prepared priorto the start of the General Assembly term by the staff of the Office of Policy Analysis,Department of Legislative Services. The material for this volume was assembled andprepared by Phillip S. Anthony, Jade D. McDuffie, Matthew D. Jackson, Lindsay Rowe,Michael C. Rubenstein, Heather N. Ruby, and Laura M. Vykol and was reviewed byJodie D. Chilson, Patrick S. Frank, Victoria L. Gruber, and Lisa J. Simpson. Themanuscript was prepared by Cathy Kramer and Maureen R. Merzlak.The Department of Legislative Services trusts that this volume will be of use to allpersons interested in the Maryland State government. The department welcomescomments on ways future editions may be improved.Victoria L. GruberExecutive DirectorDepartment of Legislative ServicesMaryland General AssemblyRyan BishopDirectorDepartment of Legislative ServicesMaryland General AssemblyAnnapolis, MarylandNovember 2018iii

iv

ContentsForeword .iiiExhibits .xiiiChapter 1. Profile of Maryland’s State Workforce.1Chapter 2. Evolution of the State Merit System – Historical Perspective .Historical Federal Influence .1939 Social Security Act Amendments.Civil Service Reform Act of 1978 .Maryland’s Efforts .Pre-1900s .Early 1900s .Evolution of Maryland’s Merit System Law .Modern Reform Efforts.1996 Reforms .Collective Bargaining .7789991010121314Chapter 3. Personnel Policies and Practices in the Executive Branch .Definitions .Administration .Department of Budget and Management.Independent Salary Setting Authorities .Independent Personnel Systems .Types of Positions .Creation of Positions .State Personnel Management System .Reforms to the State Personnel Management System .Recruitment .Selection, Credits, and Examination for Candidates .Probation.Employee Performance Appraisals .Performance-based Pay .Transfer of Employees into State Service .Compensation of Employees .Standard Pay Plan .Adjustments/Amendments to the Standard Pay Plan .Special Pay Provisions .1515161718202122222425262828293030313132v

viMaryland State Personnel, Pensions, and ProcurementExecutive Pay Plan .Gubernatorial and Constitutional Officer Compensation.Overtime Compensation .Employee Rights and Protections .Equal Opportunity Program .Whistleblower Law .State Substance Abuse Policy .Grievance Procedures in State Personnel Management System .Disciplinary Actions, Layoffs, and Employment Terminations .Disciplinary Actions .Layoffs .Separations .Reinstatements .Contractual Employment in State Government .3234353636383941434446474747Chapter 4. Leave Policies and Benefits.Leave .Paid Leave .Unpaid Leave.Family Leave.Fringe Benefits .Health Insurance Plans and Other Related Benefits.Social Security .Pension/Retirement Contributions .Workers’ Compensation .Unemployment Insurance.Employee Programs .Employee Assistance Program .Deferred Compensation Plan.Employee Transit Benefit .Employee Training and Awards Programs .Teleworking Program .Day Care Services .Miscellaneous pter 5. Collective Bargaining .History of Collective Bargaining in Maryland .Collective Bargaining in State Government .Service Fees .Collective Bargaining for Child Care Providers .Collective Bargaining for Home Care Providers .757576798080

ContentsviiCollective Bargaining for Teachers .Collective Bargaining in Higher Education .8181Chapter 6. Personnel Policies and Practices in the Legislative Branch .Compensation.Members of the General Assembly .Staff .Personnel Policies and Procedures .8383838586Chapter 7. Personnel Policies and Practices in the Judicial Branch .Judicial Compensation .Judges’ Retirement System .Additional Judges .Clerks of the Court .District Court Employees .Personnel Policies and Procedures .87878989939393Chapter 8. Introduction to the State Retirement and Pension System .Board of Trustees .Investment Program.Standing Committees.Medical Boards .Maryland State Retirement Agency .Office of the Executive Director .Administration Division .Finance Division .Internal Audit Division .Information Systems Division.Business Operations Office .External Affairs Division .Investment Division .Joint Committee on Pensions .9595969798989899999999100100100100Chapter 9. Historical Background .Origin of the System and Plan History .Origin of the State Retirement and Pension System .Plan History .Administrative History.History of Pension Enhancements .History of Pension Reforms .1979 Pension Reform .1984 Pension Reform .103103103103107109110110111

viiiMaryland State Personnel, Pensions, and Procurement2011 Pension Reform .Additional Changes to System Funding .System Funding Method and Supplemental Contributions.Administrative Fee .Teacher Pension Cost Sharing .112118118119119Chapter 10. System Membership .Participating Governmental Units.121125Chapter 11. Plan Summaries .Principal Plans Administered by the System .Teachers’ Retirement System and Employees’ Retirement System .Teachers’ Pension System and Employees’ Pension System .State Police Retirement System .Correctional Officers’ Retirement System .Law Enforcement Officers’ Pension System .Judges’ Retirement System .Legislative Pension Plan.Pension Components Similar Among Principal Plans .Payment Options .Death Benefits .Disability Retirement Allowances.Cost-of-living Adjustments .Post Retirement Health Insurance .Additional Plans Administered by the System .Optional Retirement Program .Retirement Provisions for Governors, Lieutenant Governors, andConstitutional 0162162163Chapter 12. Actuarial Aspects .Funding Method .Accrued Liabilities .Actuarial Assumptions .Asset Valuation .Unfunded Liabilities and Contribution Rates .Public vs. Private Pension Plans .Actuarial Funding and the “Corridor” Funding Method .Return to Full Actuarial Funding .Supplemental Funding .169169170170172174176176178178165

ContentsixChapter 13. Investment Overview .Investment Advisors .Asset Allocation .Terra Maria Program .External Manager Oversight .Active and Passive Investing .Investment Division Governance .Investment Performance Overall .181181182186187187187188Chapter 14. Maryland Teachers’ and State Employees’ SupplementalRetirement Plans .Administration .

This is one of nine volumes of the 2018 Legislative Handbook Series prepared prior to the start of the General Assembly term by the staff of the Office of Policy Analysis, Department of Legislative Services. The material for this volume was assembled and prepared by Phillip S. Ant

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