Ch. 5

2003 LAWS OF MARYLAND

(1)      NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A POLICE
EMPLOYEE, ON RETIREMENT IN GOOD STANDING, MAY KEEP OR ACQUIRE THE
HANDGUN ISSUED BY THE STATE TO THAT POLICE EMPLOYEE IF:

(I)      THE POLICE EMPLOYEE REIMBURSES THE DEPARTMENT FOR
THE REPLACEMENT VALUE OF THE HANDGUN; AND

(II)     THE SECRETARY AUTHORIZES THE TRANSACTION.

(2)      THE SECRETARY SHALL ADOPT REGULATIONS NECESSARY TO
CARRY OUT THIS SUBSECTION.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 88B, §§ 24A, 15(b)(16) and (d), and the second
sentence of § 21.

In subsection (a)(1) of this section, the former cross-reference to "§§ 31
through 37 of this article [former Art. 88B]" is deleted as obsolete.
Similarly, in subsection (a)(2) of this section, the former cross-reference to
"§ 31(a) of this article" is deleted. Former Art. 88B, §§ 31 to 37 are
transferred to the Session Laws. See General Revisor's Note to subtitle.

Subsection (a)(2) of this section cross-references § 24-401(c) of the State
Personnel and Pensions Article. According to 69 Op. Att'y Gen. 150 (1984),
SP § 24-401(c) is in direct conflict with the federal Age Discrimination in
Employment Act and, consequently, may not be enforced. The Public Safety
Article Review Committee calls this issue to the attention of the General
Assembly.

Subsection (b)(1) of this section is revised to cross-reference SP § 29-103
for clarity. Former Art. 88B, § 15(b)(16) and (d) were also revised in SP §
29-103. By cross-referencing that provision in this article, the potential
for inconsistent amendments to the two provisions is avoided.

Defined terms: "Department" § 2-101
"Police employee" § 2-101
"Secretary" § 2-101

2-116. SAME — RESIGNATION.

RESIGNATION OF AN EMPLOYEE IS NOT VALID UNTIL ACCEPTED BY THE
SECRETARY, BUT THE SECRETARY MAY NOT WITHHOLD ACCEPTANCE UNLESS
PROCEEDINGS FOR TERMINATION ARE CONTEMPLATED OR PENDING.

REVISOR'S NOTE: This section is new language derived without substantive
change from the third sentence of former Art. 88B, § 21.

The reference to proceedings for "termination" is substituted for the former
reference to proceedings for "discharge" to conform to terminology used in
the State Personnel and Pensions Article. See Title 11, Subtitle 3 of the
State Personnel and Pensions Article.

Defined term: "Secretary" § 2-101

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