Expedited Bill No.
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_ _ _ __
Concerning: Personnel - Retirement ­
Furlough-Imputed Compensation
Revised: April
8. 2010
Draft No.
_1_
Introduced:
April
13. 2010
Enacted:
May
20. 2010
Executive: _ _ _ _ _ _ _ __
Effective: _---:-:_ _ _ _ _ _ __
Sunset Date:
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__
Ch. _ _, Laws of Mont. Co. _ __
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 under the employees' retirement system
and the retirement savings plan to include certain imputed compensation not
received due to a furlough; 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
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Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act.'
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EXPEDITED BILL
No.
18 -10
1
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
meanmgs:
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Regular earnings:
Except as otherwise provided, gross pay for actual hours
worked.1 including paid leave, but not including overtime. Regular earnings for 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. Regular
earnings 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 4.250/0 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.
Regular earnings 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
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member is required to take any furlough, as defined in personnel
regulations adopted under Section 33-7(b), 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
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EXPEDITED BILL NO.
18 -1 0
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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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33-113. Definitions.
*
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In
this Division the following words and phrases have the following
meamngs:
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(P)
Regular earnings
means gross pay for actual hours worked, including
paid leave, but not including [exclusive of] 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
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participant is required to take any furlough, as defined in personnel
regulations under Section 33-7(b), 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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33-128. Definitions.
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In
this Division, the following words and phrases have the following
meanmgs:
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Final earnings
means the annual average of the regular salary of an employee less
any shift pay differential for the I8-month period immediately before the disability
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EXPEDITED BILL
No. 18-10
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or any period of 18 consecutive months, whichever is greater. If!! participant is
required to take any furlough, as defined in personnel regulations adopted under
Section 33-7(b), final 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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Sec. 2. 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.
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Approved:
Nancy Floreen, Presi ent, County Council
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Approved:
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Isiah Leggett, County Executive
Date
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This is a correct copy ofCouncil action.
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Linda M. Lauer, Clerk of the Council
Date
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