Expedited Bill No.
_4-'-"2:...-1"-"0'--_ _ __
Concerning: Personnel - Retirement ­
Furlough - Imputed Compensation ­
Represented Employees
Revised: July
12, 2010
Draft No.
_1_
Introduced:
July
20,2010
Enacted:
October
12, 2010
Executive: _ _ _ _ _ _ _ __
Effective: _-.,...,_ _ _ _ _ _ __
Sunset Date: ...:.N=o"""n:.:::,e_--:-:_ _ __
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 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
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Heading or defined term.
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Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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EXPEDITED BILL NO.
42-10
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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, not including overtime. To calculate regular earnings for FYI0 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 FYI0 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 FYI0 only, for a Group G
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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
B:
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
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ExPEDITED BILL
No. 42-10
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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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33-113. Definitions.
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In this Division the following words and phrases have the following
meamngs:
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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
S!
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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EXPEDITED BILL
No.
42-10
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33-128. Definitions.
In this Division, the following words and phrases have the following
meamngs:
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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
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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:
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Approved:
Isiah Leggett, County Executive
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Date
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Date
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This is a correct copy o/Council action.
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Linda M. Lauer, Clerk of the Council
Date
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