Agenda Item 7
May 1,2012
Action
MEMORANDUM
April 27, 2012
TO:
FROM:
SUBJECT:
County Council
Robert H. Drummer, Senior Legislative Attorney { : }
Action:
Expedited Bill 7-12, Employees'
Distributions
Retire~~~~stem
- Automatic
I
.
Government Operations and Fiscal Policy Committee recommendation (3-0): approve the
Bill as introduced.
Expedited Bill 7-12, Employees' Retirement System
Automatic Distributions,
sponsored by the Council President at the request of the County Executive, was introduced on
March 6, 2012. A public hearing was held on March 27 and a Government Operations and
Fiscal Policy Committee worksession was held on April 16.
Background
Bill 7-12 would provide for an automatic distribution for account balances of $1,000 or
less in the Optional and Integrated Plans and the Elected Officials' Plan of the Employees'
Retirement System. There is a significant cost associated with maintaining small account
balances for terminated participants of the Optional, Integrated, and Elected Officials Plan of the
Employees' Retirement System. This Bill would reduce Plan adr:ninistrative costs if these
participant accounts are automatically distributed. Bill 54-10, enacted on November 30, 2010,
added a similar provision for a terminated participant's account balance of $1000 or less in the
Retirement Savings Plan and the Deferred Compensation Plan.
Public Hearing
The only witness at the March 27 public hearing, Linda Herman, Executive Director for
the Board ofInvestment Trustees, supported the Bill on behalf of the Executive (©12).
April 16
Worksession
Linda Herman, Executive Director for the Board of Investment Trustees, represented the
Executive Branch. The Committee reviewed the Bill and recommended approval as introduced
(3-0).
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Issues
Currently, a participant in the Optional, Integrated, or Elected Officials' Plan in the
Employees' Retirement System who leaves County service must request a distribution regardless
of the size of the account. The Internal Revenue Code permits a plan sponsor to distribute
account balances of less than $1000 automatically without a request. The cost to administer
these small accounts is charged to the Trust Fund. This Bill would authorize the automatic
distribution of these small accounts without waiting for the terminated employee to request it.
This would be consistent with the automatic distributions of small accounts to terminated
employees in the Retirement Savings Plan and the Deferred Compensation Plan.
Committee
recommendation (3-0):
approve the Bill as introduced.
This packet contains:
Expedited Bill 7-12
Legislative Request Report
Memo from County Executive
Fiscal and Economic Impact Statement
Testimony of Linda Herman
F:\LAW\BILLS\1207 Employee's Retirement System\Action Memo.Doc
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Expedited Bill No. _7!...--..:..;12=--_ _ __
Concerning: Employees'
Retirement
System - Automatic Distributions
Revised: March 1, 2012 Draft No.
L
Introduced:
March 6, 2012
Expires:
September 6,2013
Enacted: _ _ _ _ _ _ _ _ __
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)
provide for an automatic distribution for account balances of $1 ,000 or less in the
Optional and Integrated Plans and the Elected Officials' Plan of the Employees'
Retirement System; and
(5) generally amend the law regarding the employees' retirement system.
By amending
Montgomery County Code
Chapter 33, Personnel and Human Resources
Sections 33-39, 33-44 and 33-45
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deleted from existing law
by
original
bill.
Added by amendment.
Deleted from 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. 7-12
1
2
3
Sec.
1.
Sections 33-39, 33-44, and 33-45 are amended as follows:
33-39. Member contributions and credited interest.
*
(c)
*
*
4
5
6
Return ofmember contributions.
(I) Refund after employee's separation under the optional and
integrated plans.
7
*
*
*
8
Notwithstanding any other provision, if the member's
contributions and interest are $1,000 or less, the amount
must be distributed in
~
9
10
11
lump sum as soon, as
administratively feasible after termination of employment
even if the member does not submit an application.
If
the
distribution cannot be made because the member cannot
be located, the member will forfeit the amount. If the
member later contacts the County, the member will
receive the forfeited amount.
12
13
14
15
16
17
18
*
*
(h)
*
*
*
*
33-44. Pension payment options and cost-of-living adjustments.
19
20
21
22
ill
Required commencement of benefit payments.
The distribution
of an elected officials' participant's retirement benefits must be
made no later than April
I
of the calendar year following the
later of the calendar year in which the elected officials'
participant attains age seventy and one-half (70 112) or the
calendar year in which the elected officials' participant retires.
In the alternative, the payment of benefits to an elected officials'
participant must begin not later than such April I under a
23
24
25
26
27
G
BLAW\Bll.LSI1207
Employ~"
R.ti=""
S""",IBilI
2."'"
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Expedited Bill No. 7-12
28
29
30
31
32
33
34
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39
40
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42
43
44
45
46
47
48
49
50
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53
54
method of payment that, in accordance with the applicable
United States Treasury Regulations, provides for distribution of
the elected officials' participant's benefits over:
[(1)]
(A)
[(2)]
The life of the elected official's participant;
The lives of the elected officials' participant and
tID
the elected officials' participant's designated beneficiary;
[(3)]
{Q
A period not extending beyond the life expectancy
of the elected officials' participant; or
[(4)]
ill}
A period not extending beyond the life expectancy
of the elected officials' participant and the elected
officials' participant's designated beneficiary.
ill
Notwithstanding any other provision, an elected official's
account balance of $1,000 or less must be automatically
distributed in
!!
lump sum as soon as administratively feasible
after termination of employment without
!!
request from the
elected official. If the distribution cannot be made because the
elected official cannot be located, the elected official will forfeit
the amount. If the elected official later contacts the County, the
elected official will receive the forfeited amount.
*
(q)
*
*
Direct rollover distributions.
A member or beneficiary may elect, in
any manner prescribed by the Chief Administrative Officer at any
time, to have any portion of eligible rollover distribution (as defined
in the Internal Revenue Code) paid directly to an eligible retirement
plan (as defined in the Internal Revenue Code) specified by the
member in a direct rollover. For purposes of this subsection, a direct
rollover is a payment from the retirement system to the eligible
Q
~
F:\LAW\BILLS\l207 Employee's Retirement System\Bill2.Doc
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Expedited Bill No. 7-12
55
56
57
58
retirement plan specified by the member. A member may not elect
f!
direct rollover if the eligible rollover distribution is less than $200.
*
*
(b)
(1)
*
*
*
*
33-45. Vested benefits and withdrawal of contributions.
59
60
61
Withdrawal ofcontributions for optional and integrated plans.
[If a member complies] In accordance with paragraph (2), the
County must refund a member's contributions with credited
interest to:
(A)
a member whose County service ends before the member
is eligible to vest; and
(B)
a member eligible to vest whose County service ends and
who voluntarily elects to withdraw, thus ceasing to be a
member.
62
63
64
65
66
67
68
69
70
71
(2)
(A)
If
f!
member's contributions and interest are more than
$1,000, to obtain a refund of contributions, a member
must properly complete and submit an application for a
refund.
72
73
74
75
(B)
If a [member] member's contributions and interest are
more than $1,000, and the member does not properly
complete and submit an application for a refund, the
County must refund the contributions with credited
interest under the minimum distribution requirements of
the
Internal
Revenue
Code
and
corresponding
76
77
78
79
regulations.
80
81
.e.g
Notwithstanding any other provision, if the member's
contributions and interest is $1,000 or less, the amount
a
~
F:\LAWlBILLS\1207 Employee's Retirement System\Bill2.Doc
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Expedited Bill No. 7-12
82
83
must be distributed in
~
lump sum as soon as
administratively feasible after termination of employment
even if the member does not submit an application. If the
distribution cannot be made because the member cannot
be located, the member will forfeit the amount. If the
member later contacts the County, the member will
receive the forfeited amount.
(3)
If a vested member dies before the normal retirement date, the
County must pay the designated beneficiary a lump sum death
benefit equal to the member's contributions plus credited
interest.
84
85
86
87
88
89
90
91
92
93
94
95
*
*
*
Sec. 2. Expedited Effective Date.
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
becomes law.
Approved:
96
97
98
·99
100
101
Roger Berliner, President, County Council
Date
102
Approved:
103
Isiah Leggett, County Executive
Date
G
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LEGISLATIVE REQUEST REPORT
Expedited Bill 7-12
Employees' Retirement System
-
Automatic Distributions
DESCRIPTION:
The bill amends the County's retirement law to permit automatic
distribution of terminated participants in the Optional, Integrated, and
Elected Officials Plan of the Employees' Retirement System who have
account balances less than $1,000.
There is a significant cost associated with maintaining small account
balances for terminated participants of the Optional, Integrated, and
Elected Officials Plan of the Employees' Retirement System. Plan costs
will be reduced if these participant accounts are involuntarily distributed.
PROBLEM:
GOALS AND
OBJECTIVES:
To permit automatic distributions to terminated participants in the
Optional, Integrated, and Elected Officials Plan of the Employees'
Retirement System who have account balances less than $1,000.
COORDINATION:
Board ofInvestment Trustees and the Office of the County Attorney
FISCAL IMPACT:
Office of Management and Budget
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
Office of Management and Budget
N/A
N/A
SOURCE OF
INFORMATION:
Board of Investment Trustees
Office of the County Attorney
APPLICATION
WITHIN
MUNICIP
ALITIES:NIA
PENALTIES:
N/A
F:\LAW\BILLS\1207 Employee's Retirement System\LRR (2),Doc
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OFFICES OF THE COUNTY EXECUTIVE
lsiah Leggett
County Executive
Timothy
L.
Firestine
ChiefAdministrative Officer
MEMORANDUM
January 30, 2012
TO:
FROM:
SUBJECT:
Roger Berliner, Council President
IsiahLeggett,CountyExecutive
-:O~
"')
~
Expedited Bill to Amend the County's Retirement Law
I am attaching for the Council's consideration a bill that would amend the
County's retirement law to pennit automatic distributions to tenninated participants in the
Optional, Integrated, and Elected Officials Plans of the Employees' Retirement System who have
account balances less than $1,000.
Current law requires that a terminated participant request a distribution regardless
of the size of the account balance. The Internal Revenue Code (IRC) allows a plan sponsor to
distribute account balances of less than $1,000. Due to the administrative costS associated with
maintaining these small accounts, the Board of Investment Trustees is recommending adoption
of the IRC standard for distributing balances of less
than
$1,000 to tenninated participants.
This bill is similar to Bill 54-10, Retirement Investments, which was enacted by
the Council on November 30, 2010. Bill 54-10 allowed similar distributions in the County's
other retirement plans, the Retirement Savings Plan and the Deferred Compensation Plan.
Thank you for your prompt consideration ofthis bill.
Attachments
c:
Linda Herman, Director
Board ofInvestments Trustees
101 Monroe Street • Rockville, Maryland
20850
240-777-2500 • 240-777-2544 TTY • 240-777-2518 FAX
www.montgomerycountymd.gov
montgomerycountymd.gov/311
240-773-3556 TIY
(j)
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ROCKVILLE, MARYLAND
MEMORANDUM
March 21, 2012
Roger Berliner, President, County Council
Jennifer A.< Hughes, Director, Office ofManagement and
Joseph F. Beach, Director, Department ofFinance
~
TO:
FROM:
SUBJECT:
BUdge~
U
Expedited Bill 7-12 - Employees' Retirement System - Automatic Distributions
Attacbed please find the fiscal and economic impact statements for the above­
referenced legislation.
JAH:hv
c: Kathleen Boucher, Assistant Chief Administrative Officer
Lisa Austin, Offices oftbe County Executive
Joy Nurmi, Special Assistant to the County Executive
Patrick Lacefield, Director, Public Information Office
Linda Hetman, Executive Director, Board of Investment Trustees
Alex Espinosa, Office ofManagement and Budget
Blaise DeFazio, Office ofManagement and Budget
Helen P. VaJlone, Office ofManagement and Budget
Naeem Mia, Office ofManagement and Budget
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Fiscal Impact Statement
Expedited Bill 7-12 - Employees' Retirement System - Antomatic Distributions
1. Legislative Summary
Expedited Bill 7-12 would provide for an automatic distribution for account balances of
$1,000 or less
in
the Optional and Integrated Plans and
the
Elected Officials' Plan of the
Employees' Retirement System. There is a significant cost associated with maintaining small
account balances for terminated participants of the Optional, Integrated, and Elected Officials
Plan of the Employees' Retirement System. This Bill would reduce Plan administrative costs
if
these participant accounts are automatically distributed.
2.
An
estimate of changes
in
County revenues and expenditures regardless of whether the
revenues or expenditures are assumed in the recommended or approved budget.
Includes source of information, assumptions, and methodologies used.
This bill has no impact to County revenues or expenditures.
3. Revenue and expenditure estimates covering at least the next 6 {")Scal years.
This bill has no impact to County revenues or expenditures.
4.
An
actuarial analysis through the entire amortization period for each bill that would
affect retiree pension or group insurance costs.
Not applicable.
5. Later actions that may affect future revenue and expenditures
if
the bill authorizes
future spending.
This change
will
not result
in
subsequent government action that will impact County future
revenues and expenditures.
6.
An
estimate of the staff time needed to implement the bill.
Not applicable.
7. An explanation of how the addition of new staff responsibilities would affect other
duties.
l
Not applicable.
8.
An
estimate of costs when an additional appropriation is needed.
Not applicable.
1
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9. A description of any variable that could affect revenue and cost estimates.
Not applicable.
10. Ranges of revenue or expenditures that are uncertain or difficult to project
Not applicable.
11.
If
a bill is likely to have no fiscal impact, why that is the case.
The bill provides the Board the authority to pennit the automatic distribution ofterminated
participants
in
the Optional, Integrated, and Elected Officials Plan ofthe Employees'
Retirement System who have accOlmt balances less
than
$1.000.
12. Other fiscal impacts or comments.
Not applicable.
13. The following contributed
to
and concurred with this analysis:
Linda Herman, Executive Director, Board ofInvestment
Trustees
Helen
P.
Vallone,
Office
of Management and Budget
Blaise DeFazio, Office ofManagement and Budget
Naeem
Mia,
Office ofManagement and Budget
Date
2
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Economic Impact Statement
Council Bill 1
~
12,
Employees' Retirement System - Automatic Distributions
Background:
This proposed legislation would provide for an automatic distribution ofaccount balances _
of
$1,000
or less
in
the Optional
and
Integrated Plans and the Elected Officials' Plan of
the
Employees~
Retirement System-to tenninated participants. This bill would reduce
administrative costs ifthese participant accounts are automatically distributed.
1.
The sources ofinformation, assumptions, and methodologies used.
Not applicable
2. A
description ofany variable
that
could affect the economic impact estimates.
Not applicable
3. The Bill's positive or negative effect, ifany on employment, spending, saving,
investment, incomes, and
pro~erty
values
in
the County.
The bill would have no significant economic impact as it affects very few people and
any amount distributed would be small relative
to
Montgomery County's entire
economy.
4.
If
a Bill is likely to have no economic impact, why
~
that
the case?
The bill would have no significant economic impact
as
it affects very few people and
any
amount distributed would be small relative to Montgomery County's entire
economy.
5. The following contributed to and concurred
with
this analysis: David Platt and Mike
Coveyou, Finance
?:Y
Date
I
//<.,(
(2....
1/
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TESTIMONY FOR EXPEDITED BILL 7-12, COUNTY'S RETIREMENT LAW
Good afternoon, for the record, I am Linda Herman, Executive Director for the
Board of Investment Trustees which oversees the assets of the County's three retirement
plans. I am here today on behalf of the County Executive to testify in support of Bill 7­
12, Chapter 33 - Retirement
&
Investments.
The proposed Bill will amend the County's retirement law to permit automatic
distributions to terminated participants in the Optional and Integrated Plans and the
Elected Officials' Plan of the Employees' Retirement System, who have account balances
less than $1,000. This bill is similar to Bill 54-10, Retirement, enacted by the Council on
November 30,2010, which allows similar distribution from the County's other retirement
plans, the Retirement Savings Plan and the Deferred Compensation Plan.
The County Code requires that a terminated participant request a distribution
regardless of the size of the account balance. The Internal Revenue Code (IRC) allows a
plan sponsor to distribute account balances of less than $1,000. Due to the administrative
costs associated with maintaining these small accounts, and the costs being borne by the
Trust Fund, the Board of Investment Trustees is recommending adoption of the IRC
provision to distribute terminated participant account balances of less than $1,000.
We look forward to working with the Council in its deliberations on this
legislation.
/2.
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Agenda Item 7
May 1,2012
Action
MEMORANDUM
April 27, 2012
TO:
FROM:
SUBJECT:
County Council
Robert H. Drummer, Senior Legislative Attorney { : }
Action:
Expedited Bill 7-12, Employees'
Distributions
Retire~~~~stem
- Automatic
I
.
Government Operations and Fiscal Policy Committee recommendation (3-0): approve the
Bill as introduced.
Expedited Bill 7-12, Employees' Retirement System
Automatic Distributions,
sponsored by the Council President at the request of the County Executive, was introduced on
March 6, 2012. A public hearing was held on March 27 and a Government Operations and
Fiscal Policy Committee worksession was held on April 16.
Background
Bill 7-12 would provide for an automatic distribution for account balances of $1,000 or
less in the Optional and Integrated Plans and the Elected Officials' Plan of the Employees'
Retirement System. There is a significant cost associated with maintaining small account
balances for terminated participants of the Optional, Integrated, and Elected Officials Plan of the
Employees' Retirement System. This Bill would reduce Plan adr:ninistrative costs if these
participant accounts are automatically distributed. Bill 54-10, enacted on November 30, 2010,
added a similar provision for a terminated participant's account balance of $1000 or less in the
Retirement Savings Plan and the Deferred Compensation Plan.
Public Hearing
The only witness at the March 27 public hearing, Linda Herman, Executive Director for
the Board ofInvestment Trustees, supported the Bill on behalf of the Executive (©12).
April 16
Worksession
Linda Herman, Executive Director for the Board of Investment Trustees, represented the
Executive Branch. The Committee reviewed the Bill and recommended approval as introduced
(3-0).
 PDF to HTML - Convert PDF files to HTML files
Issues
Currently, a participant in the Optional, Integrated, or Elected Officials' Plan in the
Employees' Retirement System who leaves County service must request a distribution regardless
of the size of the account. The Internal Revenue Code permits a plan sponsor to distribute
account balances of less than $1000 automatically without a request. The cost to administer
these small accounts is charged to the Trust Fund. This Bill would authorize the automatic
distribution of these small accounts without waiting for the terminated employee to request it.
This would be consistent with the automatic distributions of small accounts to terminated
employees in the Retirement Savings Plan and the Deferred Compensation Plan.
Committee
recommendation (3-0):
approve the Bill as introduced.
This packet contains:
Expedited Bill 7-12
Legislative Request Report
Memo from County Executive
Fiscal and Economic Impact Statement
Testimony of Linda Herman
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Expedited Bill No. _7!...--..:..;12=--_ _ __
Concerning: Employees'
Retirement
System - Automatic Distributions
Revised: March 1, 2012 Draft No.
L
Introduced:
March 6, 2012
Expires:
September 6,2013
Enacted: _ _ _ _ _ _ _ _ __
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)
provide for an automatic distribution for account balances of $1 ,000 or less in the
Optional and Integrated Plans and the Elected Officials' Plan of the Employees'
Retirement System; and
(5) generally amend the law regarding the employees' retirement system.
By amending
Montgomery County Code
Chapter 33, Personnel and Human Resources
Sections 33-39, 33-44 and 33-45
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deleted from existing law
by
original
bill.
Added by amendment.
Deleted from 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. 7-12
1
2
3
Sec.
1.
Sections 33-39, 33-44, and 33-45 are amended as follows:
33-39. Member contributions and credited interest.
*
(c)
*
*
4
5
6
Return ofmember contributions.
(I) Refund after employee's separation under the optional and
integrated plans.
7
*
*
*
8
Notwithstanding any other provision, if the member's
contributions and interest are $1,000 or less, the amount
must be distributed in
~
9
10
11
lump sum as soon, as
administratively feasible after termination of employment
even if the member does not submit an application.
If
the
distribution cannot be made because the member cannot
be located, the member will forfeit the amount. If the
member later contacts the County, the member will
receive the forfeited amount.
12
13
14
15
16
17
18
*
*
(h)
*
*
*
*
33-44. Pension payment options and cost-of-living adjustments.
19
20
21
22
ill
Required commencement of benefit payments.
The distribution
of an elected officials' participant's retirement benefits must be
made no later than April
I
of the calendar year following the
later of the calendar year in which the elected officials'
participant attains age seventy and one-half (70 112) or the
calendar year in which the elected officials' participant retires.
In the alternative, the payment of benefits to an elected officials'
participant must begin not later than such April I under a
23
24
25
26
27
G
BLAW\Bll.LSI1207
Employ~"
R.ti=""
S""",IBilI
2."'"
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Expedited Bill No. 7-12
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
method of payment that, in accordance with the applicable
United States Treasury Regulations, provides for distribution of
the elected officials' participant's benefits over:
[(1)]
(A)
[(2)]
The life of the elected official's participant;
The lives of the elected officials' participant and
tID
the elected officials' participant's designated beneficiary;
[(3)]
{Q
A period not extending beyond the life expectancy
of the elected officials' participant; or
[(4)]
ill}
A period not extending beyond the life expectancy
of the elected officials' participant and the elected
officials' participant's designated beneficiary.
ill
Notwithstanding any other provision, an elected official's
account balance of $1,000 or less must be automatically
distributed in
!!
lump sum as soon as administratively feasible
after termination of employment without
!!
request from the
elected official. If the distribution cannot be made because the
elected official cannot be located, the elected official will forfeit
the amount. If the elected official later contacts the County, the
elected official will receive the forfeited amount.
*
(q)
*
*
Direct rollover distributions.
A member or beneficiary may elect, in
any manner prescribed by the Chief Administrative Officer at any
time, to have any portion of eligible rollover distribution (as defined
in the Internal Revenue Code) paid directly to an eligible retirement
plan (as defined in the Internal Revenue Code) specified by the
member in a direct rollover. For purposes of this subsection, a direct
rollover is a payment from the retirement system to the eligible
Q
~
F:\LAW\BILLS\l207 Employee's Retirement System\Bill2.Doc
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Expedited Bill No. 7-12
55
56
57
58
retirement plan specified by the member. A member may not elect
f!
direct rollover if the eligible rollover distribution is less than $200.
*
*
(b)
(1)
*
*
*
*
33-45. Vested benefits and withdrawal of contributions.
59
60
61
Withdrawal ofcontributions for optional and integrated plans.
[If a member complies] In accordance with paragraph (2), the
County must refund a member's contributions with credited
interest to:
(A)
a member whose County service ends before the member
is eligible to vest; and
(B)
a member eligible to vest whose County service ends and
who voluntarily elects to withdraw, thus ceasing to be a
member.
62
63
64
65
66
67
68
69
70
71
(2)
(A)
If
f!
member's contributions and interest are more than
$1,000, to obtain a refund of contributions, a member
must properly complete and submit an application for a
refund.
72
73
74
75
(B)
If a [member] member's contributions and interest are
more than $1,000, and the member does not properly
complete and submit an application for a refund, the
County must refund the contributions with credited
interest under the minimum distribution requirements of
the
Internal
Revenue
Code
and
corresponding
76
77
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79
regulations.
80
81
.e.g
Notwithstanding any other provision, if the member's
contributions and interest is $1,000 or less, the amount
a
~
F:\LAWlBILLS\1207 Employee's Retirement System\Bill2.Doc
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Expedited Bill No. 7-12
82
83
must be distributed in
~
lump sum as soon as
administratively feasible after termination of employment
even if the member does not submit an application. If the
distribution cannot be made because the member cannot
be located, the member will forfeit the amount. If the
member later contacts the County, the member will
receive the forfeited amount.
(3)
If a vested member dies before the normal retirement date, the
County must pay the designated beneficiary a lump sum death
benefit equal to the member's contributions plus credited
interest.
84
85
86
87
88
89
90
91
92
93
94
95
*
*
*
Sec. 2. Expedited Effective Date.
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
becomes law.
Approved:
96
97
98
·99
100
101
Roger Berliner, President, County Council
Date
102
Approved:
103
Isiah Leggett, County Executive
Date
G
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LEGISLATIVE REQUEST REPORT
Expedited Bill 7-12
Employees' Retirement System
-
Automatic Distributions
DESCRIPTION:
The bill amends the County's retirement law to permit automatic
distribution of terminated participants in the Optional, Integrated, and
Elected Officials Plan of the Employees' Retirement System who have
account balances less than $1,000.
There is a significant cost associated with maintaining small account
balances for terminated participants of the Optional, Integrated, and
Elected Officials Plan of the Employees' Retirement System. Plan costs
will be reduced if these participant accounts are involuntarily distributed.
PROBLEM:
GOALS AND
OBJECTIVES:
To permit automatic distributions to terminated participants in the
Optional, Integrated, and Elected Officials Plan of the Employees'
Retirement System who have account balances less than $1,000.
COORDINATION:
Board ofInvestment Trustees and the Office of the County Attorney
FISCAL IMPACT:
Office of Management and Budget
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
Office of Management and Budget
N/A
N/A
SOURCE OF
INFORMATION:
Board of Investment Trustees
Office of the County Attorney
APPLICATION
WITHIN
MUNICIP
ALITIES:NIA
PENALTIES:
N/A
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OFFICES OF THE COUNTY EXECUTIVE
lsiah Leggett
County Executive
Timothy
L.
Firestine
ChiefAdministrative Officer
MEMORANDUM
January 30, 2012
TO:
FROM:
SUBJECT:
Roger Berliner, Council President
IsiahLeggett,CountyExecutive
-:O~
"')
~
Expedited Bill to Amend the County's Retirement Law
I am attaching for the Council's consideration a bill that would amend the
County's retirement law to pennit automatic distributions to tenninated participants in the
Optional, Integrated, and Elected Officials Plans of the Employees' Retirement System who have
account balances less than $1,000.
Current law requires that a terminated participant request a distribution regardless
of the size of the account balance. The Internal Revenue Code (IRC) allows a plan sponsor to
distribute account balances of less than $1,000. Due to the administrative costS associated with
maintaining these small accounts, the Board of Investment Trustees is recommending adoption
of the IRC standard for distributing balances of less
than
$1,000 to tenninated participants.
This bill is similar to Bill 54-10, Retirement Investments, which was enacted by
the Council on November 30, 2010. Bill 54-10 allowed similar distributions in the County's
other retirement plans, the Retirement Savings Plan and the Deferred Compensation Plan.
Thank you for your prompt consideration ofthis bill.
Attachments
c:
Linda Herman, Director
Board ofInvestments Trustees
101 Monroe Street • Rockville, Maryland
20850
240-777-2500 • 240-777-2544 TTY • 240-777-2518 FAX
www.montgomerycountymd.gov
montgomerycountymd.gov/311
240-773-3556 TIY
(j)
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ROCKVILLE, MARYLAND
MEMORANDUM
March 21, 2012
Roger Berliner, President, County Council
Jennifer A.< Hughes, Director, Office ofManagement and
Joseph F. Beach, Director, Department ofFinance
~
TO:
FROM:
SUBJECT:
BUdge~
U
Expedited Bill 7-12 - Employees' Retirement System - Automatic Distributions
Attacbed please find the fiscal and economic impact statements for the above­
referenced legislation.
JAH:hv
c: Kathleen Boucher, Assistant Chief Administrative Officer
Lisa Austin, Offices oftbe County Executive
Joy Nurmi, Special Assistant to the County Executive
Patrick Lacefield, Director, Public Information Office
Linda Hetman, Executive Director, Board of Investment Trustees
Alex Espinosa, Office ofManagement and Budget
Blaise DeFazio, Office ofManagement and Budget
Helen P. VaJlone, Office ofManagement and Budget
Naeem Mia, Office ofManagement and Budget
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Fiscal Impact Statement
Expedited Bill 7-12 - Employees' Retirement System - Antomatic Distributions
1. Legislative Summary
Expedited Bill 7-12 would provide for an automatic distribution for account balances of
$1,000 or less
in
the Optional and Integrated Plans and
the
Elected Officials' Plan of the
Employees' Retirement System. There is a significant cost associated with maintaining small
account balances for terminated participants of the Optional, Integrated, and Elected Officials
Plan of the Employees' Retirement System. This Bill would reduce Plan administrative costs
if
these participant accounts are automatically distributed.
2.
An
estimate of changes
in
County revenues and expenditures regardless of whether the
revenues or expenditures are assumed in the recommended or approved budget.
Includes source of information, assumptions, and methodologies used.
This bill has no impact to County revenues or expenditures.
3. Revenue and expenditure estimates covering at least the next 6 {")Scal years.
This bill has no impact to County revenues or expenditures.
4.
An
actuarial analysis through the entire amortization period for each bill that would
affect retiree pension or group insurance costs.
Not applicable.
5. Later actions that may affect future revenue and expenditures
if
the bill authorizes
future spending.
This change
will
not result
in
subsequent government action that will impact County future
revenues and expenditures.
6.
An
estimate of the staff time needed to implement the bill.
Not applicable.
7. An explanation of how the addition of new staff responsibilities would affect other
duties.
l
Not applicable.
8.
An
estimate of costs when an additional appropriation is needed.
Not applicable.
1
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9. A description of any variable that could affect revenue and cost estimates.
Not applicable.
10. Ranges of revenue or expenditures that are uncertain or difficult to project
Not applicable.
11.
If
a bill is likely to have no fiscal impact, why that is the case.
The bill provides the Board the authority to pennit the automatic distribution ofterminated
participants
in
the Optional, Integrated, and Elected Officials Plan ofthe Employees'
Retirement System who have accOlmt balances less
than
$1.000.
12. Other fiscal impacts or comments.
Not applicable.
13. The following contributed
to
and concurred with this analysis:
Linda Herman, Executive Director, Board ofInvestment
Trustees
Helen
P.
Vallone,
Office
of Management and Budget
Blaise DeFazio, Office ofManagement and Budget
Naeem
Mia,
Office ofManagement and Budget
Date
2
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Economic Impact Statement
Council Bill 1
~
12,
Employees' Retirement System - Automatic Distributions
Background:
This proposed legislation would provide for an automatic distribution ofaccount balances _
of
$1,000
or less
in
the Optional
and
Integrated Plans and the Elected Officials' Plan of
the
Employees~
Retirement System-to tenninated participants. This bill would reduce
administrative costs ifthese participant accounts are automatically distributed.
1.
The sources ofinformation, assumptions, and methodologies used.
Not applicable
2. A
description ofany variable
that
could affect the economic impact estimates.
Not applicable
3. The Bill's positive or negative effect, ifany on employment, spending, saving,
investment, incomes, and
pro~erty
values
in
the County.
The bill would have no significant economic impact as it affects very few people and
any amount distributed would be small relative
to
Montgomery County's entire
economy.
4.
If
a Bill is likely to have no economic impact, why
~
that
the case?
The bill would have no significant economic impact
as
it affects very few people and
any
amount distributed would be small relative to Montgomery County's entire
economy.
5. The following contributed to and concurred
with
this analysis: David Platt and Mike
Coveyou, Finance
?:Y
Date
I
//<.,(
(2....
1/
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TESTIMONY FOR EXPEDITED BILL 7-12, COUNTY'S RETIREMENT LAW
Good afternoon, for the record, I am Linda Herman, Executive Director for the
Board of Investment Trustees which oversees the assets of the County's three retirement
plans. I am here today on behalf of the County Executive to testify in support of Bill 7­
12, Chapter 33 - Retirement
&
Investments.
The proposed Bill will amend the County's retirement law to permit automatic
distributions to terminated participants in the Optional and Integrated Plans and the
Elected Officials' Plan of the Employees' Retirement System, who have account balances
less than $1,000. This bill is similar to Bill 54-10, Retirement, enacted by the Council on
November 30,2010, which allows similar distribution from the County's other retirement
plans, the Retirement Savings Plan and the Deferred Compensation Plan.
The County Code requires that a terminated participant request a distribution
regardless of the size of the account balance. The Internal Revenue Code (IRC) allows a
plan sponsor to distribute account balances of less than $1,000. Due to the administrative
costs associated with maintaining these small accounts, and the costs being borne by the
Trust Fund, the Board of Investment Trustees is recommending adoption of the IRC
provision to distribute terminated participant account balances of less than $1,000.
We look forward to working with the Council in its deliberations on this
legislation.
/2.