Expedited Bill No.
35-10
Concerning: Personnel
Disabilitv
Retirement - Imputed Compensation
Revised: June 16, 2010 Draft No.
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Introduced:
May 27,2010
Enacted:
June 22,2010
Executive:
June 30. 2010
Effective:
June 30,2010
Sunset Date: _N:..:.o=n..:.;:e=--_ _ _ _ __
Ch.
~,
Laws of Mont. Co.
2010
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: CotUlcilmembers 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;
modifY the qualifications, selection, and operating procedures for disability review
(2)
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
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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 o/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
2.
names on the list.
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The Chief Administrative Officer must appoint a
member from the remaining [4]
(2)
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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
10 years of experience practicing occupational medicine.
(3)
(A)
The Chief Administrative Officer must appoint members
under subsection (c)(1) 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 may 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
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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)
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medical doctors as provided for in
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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
[l
0]
medical doctors as provided for in subsection (c)(1).
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(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.
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(
d)
Disability retirement procedures.
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(6)
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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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2
or
d
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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Expedited Effective Date.
The Council declares that this legislation is necessary for the immediate
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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 tdent, County CouncIl .
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Dat
Approved:
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Isiah
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This is a correct copy ofCouncil action.
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Linda M. Lauer, Clerk ofthe Council
J?A
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7/!.P/ZOIO
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Date
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