November 22, 2010
Public SafetylManagement and Fiscal Policy Committee
H. Drummer, Senior Legislative Attorney
Bill 45-10, Personnel- Disability Retirement - Eligibility
Total and Partial Incapacity
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 and October 25.
At the October 25 worksession, the Committee agreed to send a written request to the
Executive Branch, the FOP, and MCGEO to discuss a two-tier or multi-tier service-connected
disability retirement system for their employees. The Committee requested a progress report
from the parties in 30 days and agreed to review this Bill again. The written request to the
parties is at ©50. An OHR representative is expected to update the Committee on their progress
at the worksession.
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
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
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.