Expedited Bill No.
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Concerning: Personnel - Retirement ­
Imputed Compensation Limit
Revised: April 1, 2010 Draft No.
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Introduced:
April 6, 2010
Enacted:
May 18, 2010
Executive:
May 29, 2010
Effective:
July 1, 2010
Sunset Date:
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Ch.
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Laws of Mont. Co.
2010
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Andrews, Trachtenberg, and Berliner
AN EXPEDITED ACT
to:
(l)
amend the definition of regular earnings to limit certain imputed compensation
under the employees' retirement system to FYI 0 only; and
(2)
generally amend the law regarding the employees' retirement system.
By amending
Montgomery County Code
Chapter 33, Personnel and Human Resources
Sections 33-35
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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. 16-10
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Sec. 1. Section 33-35 is amended as follows:
Sec. 33-35 Definitions
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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 [Regular] earnings.'). for FYIO
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 [Regular] earnings.'). for FYIO only, for a Group F
member who is
e~ployed
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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
[Regular] earnings.'). for FYIO only, 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 40/0 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 an elected official is gross
pay for services rendered to the County. Regular earnings must not exceed the
limit under Internal Revenue Code Section 40I(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:
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EXPEDITED BILL
No. 16-10
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(a)
the County's deferred compensation plan under Section 457 of the
Internal Revenue Code; or
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(b)
any statutory fringe benefit program sponsored by the County and
permitted by the Internal Revenue Code.
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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:
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This is a correct copy ofCouncil action.
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Linda M. Lauer, Clerk of the Council
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