Agenda Item 23
May 27, 2010
Introduction
MEMORANDUM
TO:
County Council
FROM:
SUBJECT:
Robert H. Drummer, Senior Legislative Attorney
Introduction:
Expedited Bill 35-10, Personnel
Compensation
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Disability Retirement
Imputed
Expedited Bill 35-10, Personnel - Disability Retirement
Imputed Compensation,
sponsored by Councilmembers EIrich, Andrews, and Trachtenberg, is scheduled to be introduced
on May 27,2010. A public hearing is tentatively scheduled for June 15 at 1:30 p.m.
Bill 35-10 would amend the definition of final earnings to extend imputed compensation
beyond
FYIO
for certain employees who apply for disability retirement benefits under the
employees' retirement system by a certain date. The Bill would also modify the qualifications,
selection, and operating procedures for the members of the Disability Review Panel.
This packet contains:
Expedited Bill 35-10
Legislative Request Report
Circle
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Expedited Bill No.
35-10
Concerning: Personnel
Disability
Retirement - Imputed Compensation
Revised: May 21. 2010 Draft No. _3_
Introduced:
May 27.2010
Expires:
November 27.2011
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: No Expiration
Ch.
.JttL,
Laws of Mont. Co.
[year]
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers EIrich, Andrews, and Trachtenberg
AN EXPEDITED ACT
to:
(1)
amend the definition of final earnlngs to extend imputed compensation beyond
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 Human Resources
Sections 33-35 and 33-43
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
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
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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.
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33-43. Disability Retirement
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(c)
(1)
Selection ofthe Disability Review Panel.
The Chief Administrative Officer must appoint 4 members of the
Disability Review Panel from a list of at [lease 10] least
.2.
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]
1
name from the list by alternating
strikes.
The Chief Administrative Officer must appoint a
member from the remaining [4]
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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
under standards established
.by
the American Board of Medical
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EXPEDITED BILL NO.
35-10
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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
10 years ofexperience practicing occupational medicine.
(3)
(A)
The Chief Administrative Officer must appoint members
under subsection (c)(l) for staggered 3-year terms. To
implement the staggered terms, the Chief Administrative
Officer must appoint the first member to a 3-year term, the
second member to a one-year term, and the third and
fourth members to a 2-year term. After these initial
appointments, the Chief Administrative Officer must
appoint all members to 3-year terms, except for any
member appointed under subsection (c)(6) to fill a
vacancy.
(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 confirming the appointment.
(4)
When a Panel member's term expires, the Panel member my be
reappointed to a new 3-year term unless, at any time within 30
days to 60 days prior to the expiration of the term, a certified
representative notifies the County and the other certified
representatives or the County notifies the certified representatives
that it objects to the reappointment of the Panel member. If there
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EXPEDITED BILL
No. 35-10
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IS
no objection, the Panel member
IS
eligible to serve an
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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 [1 0]
medical doctors as provided for in subsection (c)( 1).
(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) The Panel must meet in person.!.
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telephone conference, or
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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
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or
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members.
[majority] At least
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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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Expedited Effective Date.
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The Council declares that this legislation is necessary for the immediate
protection of the public interest. This Act takes effect on the date on which it
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ExPEDITED
BILL
No. 35-10
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becomes law.
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Approved:
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Nancy Floreen, President, COlmty Council
Date
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Approved:
Isiah Leggett, County Executive
Date
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This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the Council
Date
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LEGISLA"rlVE REQUEST REPORT
Expedited Bill 35-10
Personnel Disability Retirement Imputed Compensation
DESCRIPTION:
This Bill would amend the definition of final earnings to extend
imputed compensation beyond
FYI
0 for certain members who apply
for disability retirement benefits under the employees' retirement
system. The Bill would also modify the qualifications, selection, and
operating procedures for the members of the Disability Review
Panel.
The enactment of Expedited Bill 16-10 limited the use of the
FYIO
general wage adjustment that was not paid to the calculation of
regular earnings for retirement purposes to
FYIO.
A limited number
of employees have pending applications for disability retirement that
will be approved in
FYI
L In addition, the County has had difficulty
recruiting new members for the Disability Review Panel due to the
mandatory qualifications and selection procedures.
The Bill is intended to permit an employee with a pending disability
retirement application that is not approved until
FYII
to enjoy the
benefits of the imputed compensation for
FYIO.
The Bill is also
intended to enhance the recruitment of new members for the
Disability Review Panel.
Office of Human Resources, County Attorney's Office
To be requested.
To be requested.
To be requested.
To be researched.
Robert H. Drummer, Senior Legislative Attorney, 240-777-7895
Not applicable.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Not applicable.
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