Expedited Bill No.
35-10
Concerning: Personnel
Disability
Retirement - Imputed Compensation
Revised: June
16. 2010
Draft No.
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Introduced:
May
27,2010
Enacted:
June
22, 2010
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
-.!..!N~on..:.:.e=___:__-
_ __
Ch, _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Eirich, Andrews, and Trachtenberg
AN EXPEDITED ACT
to:
amend the definition of final earnings to extend imputed compensation beyond
(1)
FYIO for certain members who apply for disability retirement benefits under the
employees' retirement system by a certain date;
(2)
modify the qualifications, selection, and operating procedures for disability review
panel members; and
(2)
generally amend the law regarding disability retirement.
By amending
Montgomery County Code
Chapter 33, Personnel and Hwnan Resources
Sections 33-35 and 33-43
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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. 35-10
1
Sec.
1.
33-35. Definitions.
Section 33-35 is amended as follows:
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In this Article, the following words and phrases have the following meanings:
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Final earnings:
Except as otherwise provided, the regular earnmgs of a
member as of the last date of active service. Final earnings for
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member who
filed an application for disability benefits under Section 33-43 before May 19,
2010 that is approved after June 30, 2010 must be the member's regular
earnings [[on the date of the member's application]] on the last pay period in
fiscal year 2010.
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33-43. Disability Retirement
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(c)
(1)
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Selection a/the Disability Review Panel.
The Chief Administrative Officer must appoint 4 members of the
Disability Review Panel from a list of at [lease 10] least
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impartial, unbiased medical doctors willing and able to serve
provided by one or more impartial medical organizations retained
by the Chief Administrative Officer.
If the list of doctors
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provided by the impartial medical organization is not agreed to
by the certified representatives and the County, the certified
representatives must strike [3 names]
1
name from the list and the
County must strike [3 names]
strikes.
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1
name from the list by alternating
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The Chief Administrative Officer must appoint a
member from the remaining [4]
J.
names on the list.
(2)
The Chief Administrative Officer must appoint members who are
licensed to practice medicine and certified in
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medical specialty
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ExPEDITED BILL
No.
35-10
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under standards established
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the American Board of Medical
Specialties (or
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successor organization). At least
1
member [who
are] must be either:
(A)
certified by the American Board of Preventive Medicine
(or a successor organization) as a specialist in occupational
medicine; or
(B)
certified in a different medical specialty and have at least
lO years of experience practicing occupational medicine.
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(3)
(A)
The Chief Administrative Officer must appoint members
under subsection (c)(l) for staggered 3-year tenns. To
implement the staggered tenns, the Chief Administrative
Officer must appoint the first member to a 3-year tenn, the
second member to a one-year tenn, and the third and
fourth members to a 2-year tenn. After these initial
appointments, the Chief Administrative Officer must
appoint all members to 3-year tenns, except for any
member appointed under subsection (c)(6) to fill a
vacancy.
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(B)
After the Chief Administrative Officer appoints or
reappoints a Panel member, the Chief Administrative
Officer must promptly send each certified representative a
copy of the document confinning the appointment.
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(4)
When a Panel member's tenn expires, the Panel member may be
reappointed to a new 3-year tenn unless, at any time within 30
days to 60 days prior to the expiration of the tenn, a certified
representative notifies the County and the other certified
representatives or the County notifies the certified representatives
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ExPEDITED BILL NO.
35-10
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that it objects to the reappointment of the Panel member. If there
is no objection, the Panel member is eligible to serve an
additional term or terms.
(5)
If a Panel member declines to be reappointed to the Panel, the
Chief Administrative Officer must appoint a new Panel member
from a list of at least [10]
subsection (c)(1 ).
(6)
If a vacancy on the Panel is created by a Panel member's death,
disability, resignation, non-performance of duty, or other cause,
the Chief Administrative Officer must appoint a medical doctor
to complete the Panel member's term from a list of at least [10]
medical doctors as provided for in subsection (c)(l).
(7)
The County must pay the impartial medical organization retained
by the County and each Panel member reasonable compensation,
as determined by the Chief Administrative Officer, for services
rendered.
(d)
Disability retirement procedures.
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medical doctors as provided for in
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(6)
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telephone conference, or
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The Panel must meet in
video conference, and review and consider all evidence submitted
to it no later than 60 days after the application is filed. A Panel
must include either
2.
or
1
members.
[majority] At least
2.
members must vote [of 3] [members] in favor of
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decision [is
required] to take any action under this Section.
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Sec. 2.
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IS
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necessary for the immediate
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Expedited Effective Date.
The Council declares that this legislation
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ExPEDITED BILL
No. 35-10
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protection of the public interest. This Act takes effect on the date on which it
becomes law.
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Approved:
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Nancy Floreen, Pr ident, 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 ofthe Council
Date
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