§ 31-2b-03

(a) Subject to subsection (b) of this section, the legislative body of an eligible governmental unit may approve participation by its local detention center officers in the Correctional Officers’ Retirement System if: (1) the legislative body adopts a resolution in the form prescribed by the Board of Trustees; and (2) the eligible governmental unit participates in a State system or operates a local plan for its local detention center officers, only if: (i) at least 60% of the local detention center officers of the eligible governmental unit petition to become members of the Correctional Officers’ Retirement System; (ii) the eligible governmental unit satisfies the requirements in subsection (b) of this section; and (iii) the legislative body approves participation of its local detention center officers in lieu of participation in the State system or local plan. (b) An eligible governmental unit that operates a local plan or participates in a State system may approve participation of its local detention center officers in the Correctional Officers’ Retirement System only if: (1) the State system or local plan of the eligible governmental unit requires member contributions at the

its local detention center officers in the Correctional Officers’ Retirement System only if: (1) the State system or local plan of the eligible governmental unit requires member contributions at the same rate as the member contribution rate that would be applicable to the local detention center officers of the eligible governmental unit in the Correctional Officers’ Retirement System; or (2) the eligible governmental unit: (i) does not provide for the employer pickup of member contributions to the State system or local plan within the meaning of § 414(h)(2) of the Internal Revenue Code; and (ii) certifies that it will not become an approved employer under § 21–313 of this article on or after the effective date of participation. (c) (1) If an eligible governmental unit does not satisfy the requirements under subsection (b) of this section, the eligible governmental unit may submit a request to the Board of Trustees to participate in the Correctional Officers’ Retirement System. (2) The Board of Trustees shall consider a request made under paragraph (1) of this subsection and determine whether any legislation is necessary to allow the eligible governmental unit to participate in

The Board of Trustees shall consider a request made under paragraph (1) of this subsection and determine whether any legislation is necessary to allow the eligible governmental unit to participate in the Correctional Officers’ Retirement System. (3) The Board of Trustees shall make recommendations to the Joint Committee on Pensions regarding any legislation that it determines is necessary to allow the eligible governmental unit to participate in the Correctional Officers’ Retirement System.