CORRECTED PAGE
Expedited Bill No. 42-10
Concerning: Personnel - Retirement - Furlough - Imputed Compensation - Represented Employees
Revised: July 12, 2010 Draft No. 1
Introduced: July 20, 2010
Enacted: October 12, 2010
Executive: October 25, 2010
Effective: July 1, 2010
Sunset Date: None
Ch. 45 , Laws of Mont. Co. 2010
County Council
For Montgomery County, Maryland
By: Council President at the Request of the County Executive
AN EXPEDITED ACT to:
(1) amend the definition of regular earnings and final earnings under the employees’ retirement system and the retirement savings plan to include certain imputed compensation not received due to a furlough for certain represented employees; and
(2) generally amend the law regarding the employees’ retirement system and the retirement savings plan.
By amending
Montgomery County Code
Chapter 33, Personnel and Human Resources
Sections 33-35, 33-113 and 33-128
Boldface Heading or defined term. Underlining Added to existing law by original bill. [Single boldface
brackets] Deleted
from existing law by original bill. Double
underlining
Added
by amendment. [[Double boldface
brackets]] Deleted
from existing law or the bill by amendment. *
* * Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
Sec. 1. Sections 33-35, 33-113 and 33-128 are amended as follows:
33-35. Definitions
In this Article, the following words and phrases have the following meanings:
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Regular earnings: Except as otherwise provided, gross pay for actual hours worked, not including overtime. To calculate regular earnings for FY10 only, a Group A, E, or H member who is employed on July 1, 2009 and participates in the integrated or optional plan must include amounts as if the member had received an increase of 4.5% in the member’s gross pay as of July 1, 2009, except for the purpose of calculating a member’s contribution under Section 33-39. To calculate regular earnings, for FY10 only, for a Group F member who is employed on July 1, 2009 and participates in the integrated or optional plan must include amounts as if the member had received an increase of 4.25% in the member’s gross pay as of July 1, 2009, except for the purpose of calculating a member’s contribution under Section 33-39. To calculate regular earnings, for FY10 only, for a Group G member who is employed on July 1, 2009 and participates in the integrated or optional plan must include amounts as if the member had received an increase of 4% in the member’s gross pay as of July 1, 2009, except for the purpose of calculating a member’s contribution under Section 33-39. If a member is required to take any furlough, as defined in personnel regulations adopted under Section 33-7(b) or a collective bargaining agreement, regular earnings must include any amount the member would have received if the member had not been required to take any furlough. Regular earnings for an elected official is gross pay for services rendered to the County. Regular earnings must not exceed the limit under Internal Revenue Code Section 401(a)(17), as adjusted by the Internal Revenue Service. Gross pay must be used to determine benefits even if the County implements a pick-up plan under Section 414 of the Internal Revenue Code. Gross pay must be used to determine benefits even if a member has agreed to a reduction in earnings under:
(a) the County's deferred compensation plan under Section 457 of the Internal Revenue Code; or
(b) any statutory fringe benefit program sponsored by the County and permitted by the Internal Revenue Code.
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(p) Regular earnings means gross pay for actual hours worked, including paid leave, but not including overtime, without reduction for participant contributions that are picked up under Section 33-116(a), or contributions to any County deferred compensation plan or statutory fringe benefit program. If a participant is required to take any furlough, as defined in personnel regulations under Section 33-7(b) or a collective bargaining agreement, regular earnings must include any amount the participant would have received if the participant had not been required to take any furlough.
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Final earnings means the annual average of the regular salary of an employee less any shift pay differential for the 18-month period immediately before the disability or any period of 18 consecutive months, whichever is greater. If a participant is required to take any furlough, as defined in personnel regulations adopted under 33-7(b) or a collective bargaining agreement, final earnings must include amounts the participant would have received if the participant had not been required to take any furlough.
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Sec. 2. Expedited Effective Date. The Council declares that this Act is necessary for the immediate protection of the public interest. This Act takes effect on July 1, 2010.
Approved: