Agenda Item 9
June 28, 2011
Robert H. Drummer, Senior Legislative Attorney
Action: Bi1145-1 0, Personnel
Disability Retirement - Eligibility Total and
Public Safety/Government Operations and Fiscal Policy Committee recommendation (5-1,
Councilmember Eirich opposed): approve the Bill with amendments.
Expedited Bill 45-10, Personnel- Disability Retirement Eligibility - Total and Partial
Incapacity, sponsored by Councilmembers Trachtenberg, Andrews, Berliner, and Council Vice
President Ervin, was introduced on July 27,2010. A public hearing was held on September 28,
2010. The joint Public SafetylManagement and Fiscal Policy Committee held worksessions on
October 4, October 25, and November 22, 2010. A joint Public Safety/Government Operations
and Fiscal Policy Committee worksession was held on June 21, 2011.
At the October 25 worksession, the Committee
Executive Branch, the FOP, and MCGEO to discuss a
disability retirement system for their employees. The
from the parties in 30 days and agreed to review this
parties is at ©53.
Bill 45-10 would create a two-tier service-connected disability retirement system for all
County employees identical to the current system for fire and rescue employees. Employees
eligible for a service-connected disability retirement benefit would receive either a partial
incapacity benefit of at least 52 Y2% of final earnings or a total incapacity benefit of at least 70%
of final earnings. The current system for all employees, except fire and rescue employees,
provides a service-connected disability retirement benefit of at least 66 73% of final earnings for
both partial and total incapacity.
An employee would be eligible for a total incapacity benefit if the employee was unable
to perform any substantial gainful activity because of an impairment that is unlikely to resolve in
the next 12 months and may be permanent. An employee would be eligible for a partial
incapacity benefit if the impairment prevents the employee from performing one or more of the
essential functions of the employee's position, but does not prevent the employee from
performing any other substantial gainful activity.
agreed to send a written request to the
two-tier or multi-tier service-connected
Committee requested a progress report
Bill again. The written request to the