GO Item 1
September 22, 2016
September 20, 2016
Government Operations and Fiscal Policy Committee
Robert H. Drummer, Senior Legislative
Worksession: Expedited Bill 36-16, Employees' Retirement System - Disability
Retirement - Redetermination of Eligibility - Amendments
Expedited Bill 36-16, Employees' Retirement System - Disability Retirement
Redetermination of Eligibility .:. .- Amendments, sponsored by Lead Sponsor Council President
Floreen at the request of the County Executive, was introduced on August 2, 2016. A public
hearing was held on September 13.
County Code §33-43(g) requires the periodic medical reexamination of a disability retiree.
The Chief Administrative Officer (CAO) is authorized to reduce or discontinue disability
retirement benefits if the retiree is no longer medically qualified. Although a disability retiree
whose benefits are discontinued due to a medical reexamination can apply for an open County
position, there is currently no provision permitting the CAO to non-competitively appoint the
person to a merit position.
Bill 36-16 would permit the County to non-competitively re-appoint a former County
employee to the same position or a position of comparable status in the same Department if the
individual's disability retirement benefits are discontinued due to a medical reexamination. The
Bill would also permit the former disability retiree to become a member of the retirement plan in
which the individual was enrolled when the individual left County service if the individual was
vested at the time the individual left County service. These 2 new provisions would only apply to
a member who became disabled on or before July 1, 2016.
Finally, the Bill would add a definition for a position of comparable status. The term
"position of comparable status" is currently used in Section 33-43(t)(1) as part of the test to
determine an employee's eligibility for service-connected disability retirement. However, there is
no definition for the term in the Code. Bill 36-16 would add the following definition:
Position gfcomparable status