2252 VETOES.

SENATE BILL 234

AN ACT to repeal Sections 948, 949, 950, 951, 951A, 953,
954, 955, 956, 957 and 957A of Article 4 of the Code of
Public Local Laws of Maryland and Baltimore City Charter
(1938 Edition), title "Baltimore City", sub-title "Special
Fund", and all amendments to said sections and to enact
in lieu thereof a new section, to be known as Section 948
and to follow immediately after Section 947 of said Article,
relating to employees of the Police Department of Balti-
more City who are included in the pension system of said
Department.

A study of this bill indicates it will create difficulties and
confusion in connection with the recent provisions made for
taking employees of the Baltimore Police Department into
the Employees Retirement System of the City.

The City pension laws now in effect make it compulsory
for persons employed by the Police Department after January
1, 1947, to become members of the Employees Retirement
System of Baltimore. It is optional with those who were em-
ployees before January 1, 1947, to come into the general City
Pension System or remain under the Special Police Retire-
ment Plan. The old Police System would pass out of exist-
ence when those who were members before January 1, 1947,
retire.

The provisions of this bill are in conflict with this plan for
a single City Pension System in that it authorizes the Police
Commissioner to include new employees in the System and
opens it up so that those employees who decline to join the
Police System upon appointment, may now become members
of this Special Police System by making up the contributions
they would have paid. These provisions are in conflict for an
overall plan for a General Pension System for all City em-
ployees.

The Board of Trustees of the Employees Retirement System
of Baltimore is very apprehensive about the effect this mea-
sure would have On the Pension System and is very much
opposed to it.

Since the City has full power to set up a General Pension
System, including the Police Department, it is doubtful whe-
ther this bill would be constitutional in view of the restric-
tions imposed by Article X1-A, Section 4, of the Constitution,
which forbids the Maryland General Assembly to enact any
local law for the City of Baltimore on any subject covered
by express powers granted in its Charter.

For the above reasons, the bill will be vetoed.