§ 30. Definitions.

In this subtitle, unless a different meaning is plainly required by the context, the following words and phrases have the meanings indicated:

(1) "Retirement System" shall mean the Fire and Police Employees' Retirement System of the City of Baltimore as defined in § 29 of this subtitle.

(2)(a)(1) "Employee" means any officer or employee of the Police Department or Fire Department of Baltimore City, except as otherwise provided in this definition, whose compensation is paid by the Mayor and City Council of Baltimore, by whatever authority appointed.

(2) "Employee" does not include any officer or employee of these departments for whose benefit the Mayor and City Council of Baltimore makes contributions under the Social Security Act of 1935.

(b) However, any school crossing guard who was a member of this system on July 1, 1976, shall remain a member of this system as long as said member continues to be employed by the City of Baltimore in a job performing duties substantially similar to those previously performed by school crossing guards employed by the Baltimore City Police Department. Furthermore, on or before January 1, 1980, said member may voluntarily elect to transfer his or her membership to the Employees' Retirement System of the City of Baltimore. Notwithstanding anything to the contrary contained in paragraph (2) of this section, said school crossing guards who remain as members of this system, shall not be disqualified from membership in this system by subsequently being required to make contributions to the Social Security System.

(c) In addition, any Police Department meter monitors or linemen who were members of this system on February 9, 1978, shall remain members of this system as long as said members continue to be employed by the City of Baltimore in a job performing duties performed by meter monitors or linemen employed by the Baltimore City Police Department. Furthermore, on or before May 3, 1980, said members may voluntarily elect to transfer their membership to the Employees' Retirement System of the City of Baltimore. Notwithstanding anything to the contrary contained in paragraph (2) of this section, said Police Department meter monitors or linemen who remain as members of this system shall not be disqualified from membership in this system by subsequently being required to make contributions to the Social Security System.

(d) In all cases of doubt, the Board of Trustees shall decide who is an employee within the meaning of this subtitle.

(e)(1) "Employee" includes the following personnel:

(A) all persons who:

(i) on or before July 25, 1972, were employed as uniformed firefighters or uniformed police officers by the former City of Baltimore Department of Aviation; and

(ii) have worked without interruption for, and continue to be employed by, the State of Maryland in the capacity of uniformed firefighters at Baltimore-Washington International Airport or as uniformed police officers;

(B) all persons employed as uniformed police officers:

(i) who became employees of the Maryland Aviation Administration Police Force and members of this system on or after July 26, 1972, and on or before June 30, 1977; and

(ii) who have worked without interruption for, and continue to be employed by, the State of Maryland in the capacity of uniformed police officers; and

(C) all persons employed as uniformed firefighters:

(i) who became employees of the State Aviation Administration or Maryland Aviation Administration Fire Rescue Service and members of this system on or after July 26, 1972, and on or before September 30, 1993; and

(ii) who have worked without interruption for, and continue to be employed by, the State of Maryland as uniformed firefighters at Baltimore-Washington International Airport.

(2) "Employee" does not include any police or fire personnel of the State of Maryland for whose benefit the State of Maryland makes contributions under the Social Security Act of 1935.

(3) "Member" shall mean any person included in the membership of the system as provided in § 31 of this subtitle.

(4) "Board of Trustees" shall mean the Board provided in § 33 of this subtitle to administer the retirement system.

(5) "Panel of hearing examiners" shall mean the panel of hearing examiners provided for in § 33(l) of this subtitle, to hear claims involving ordinary disability, special disability, special death, and any related matters.

(6) "Service" means:

(i) any service for service-covered employment;

(ii) any service purchased, repurchased or transferred, by appropriate deposit or redeposit of funds plus interest; and

(iii) any service credited under this subtitle.

(7) "Service-covered employment" means employment as an employee, as described in paragraph (2) of this section, and paid for by the City of Baltimore, while a member of this system.

(8) "Beneficiary" shall mean any person in receipt of a pension, an annuity, a retirement allowance or other benefit as provided by this subtitle.

(9) "Regular interest" means interest compounded annually for the reserves and items listed at the following rates:

(10) "Accumulated contributions" shall mean the sum of all the amount deducted from the compensation of a member and credited to his individual account in the Annuity Savings Fund together with regular interest thereon as provided in §§ 35 and 36 of this subtitle.

(11)(a) "Average final compensation" means the member's average annual earnable compensation for the 24 consecutive months of service as an employee during which his or her earnable compensation was highest or, if he or she had less than 24 consecutive months of service, then the average annual earnable compensation during his or her total years of service.

(b) "Earnable compensation" means the annual salary authorized for the member. It does not include overtime pay, differential pay, out-of-title pay, environmental pay, hazardous duty pay, pay for conversion of leave or other fringe benefits, or any like additional payments.

(c) For members who retired on or after July 1, 1986, and before July 1, 1988, "average final compensation" means the average annual compensation, pay, or salary earnable by a member for the 2 consecutive years of service as an employee during which his or her earnable compensation was highest, if the member had at least 2 years of service in that grade, or if he or she had less than 2 years of service, then the average annual compensation, pay, or salary earnable by him or her during his or her actual year(s) of service.

(d) For members who:

(i) retired on or after July 1, 1988, and on or before June 30, 2010, or

(ii) retire on or after July 1, 2010, and who, as of June 30, 2010, meet the applicable age and service requirements for a normal service retirement under § 34(a-1)(1) or have acquired 15 or more years of service,

"average final compensation" means the average annual earnable compensation for the 18 consecutive months of service as an employee during which his or her earnable compensation was highest.

(e) In no event may the retirement benefits of a member retired under § 30(11)(d)(ii) as a result of the application of the definition of "average final compensation", effective July 1, 2010, be less than the benefit the member would have been entitled to prior to July 1, 2010.

(f) For members who

(i) retired on or after July 1, 2010, and on or before June 30, 2025, and

(ii) do not meet the eligibility requirements of § 30(11)(d)(ii)

"average final compensation" means the average annual earnable compensation for the 36 consecutive months of service as an employee during which the member's earnable compensation was highest.

(12) "Annuity" shall mean payments for life derived from the "accumulated contributions" of a member.

(13) "Pensions" shall mean payments for life derived from money provided by the City of Baltimore.

(13a) {Repealed by Ord. 15-381.}

(14) "Retirement" shall mean withdrawal from active service with a retirement allowance granted under the provisions of this subtitle.

(15) "Retirement allowance" shall mean the sum of "annuity" and the "pension".

(16) "Annuity reserve" shall mean the present value of all payments to be made on account of any annuity or benefit in lieu of any annuity computed upon the basis of such mortality tables as shall be adopted by the Board of Trustees and regular interest.

(17) "Pension reserve" shall mean the present value of all payments to be made on account of any pension or benefit in lieu of any pension computed upon the basis of such mortality tables, as shall be adopted by the Board of Trustees, and regular interest.

(18) "Actuarial equivalent", for purposes of determining the amount of an optional retirement benefit under this subtitle, means a benefit of equivalent value when calculated using annuity factors derived from:

(i) regular interest established under § 30(9) of this article; and

(ii) mortality assumptions adopted by the Board of Trustees as part of the Retirement System's periodic experience study conducted under § 33(o) of this article.

(19) "Break in service" is the period of time between the date when a member terminates employment covered by a former system, as defined in § 32(i)(1)(B) or § 32(k)(1)(ii) of this subtitle, and the date the member begins City employment in a position covered by this System.

(20) "Contributing member of this System" means a member who makes required member contributions while an employee.

(21) "System entry date" means the date a member most recently begins service-covered employment.

(22) "Minor child" means the child of a member, former member, or retiree who has not attained age 22.