-
I
Expedited Bill No.
:::;29~-..!..17!..-
_ _ _ __
Concerning: Domestic Partner Survivor
Benefits - LOSAP - Employees'
Retirement System - Eligibility
Revised: October 10.2017 Draft No.
L
Introduced:
September 20, 2017
Enacted:
October 10, 2017
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: --!...!.No=n.!!:e<--_ _ _ _ __
Ch. _ _ , Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: COlmciImember Navarro and Katz and Council Vice President Riemer
AN EXPEDITED ACT
to:
clarify the definition of a domestic partner for the purpose of receiving County
(1)
survivor benefits;
(2)
limit County survivor benefits for a domestic partner of a local fire and rescue
department volunteer to a domestic partner registered on or before a certain date;
(3)
limit County survivor benefits for a domestic partner of a County employee under the
County retirement systems to a domestic partner registered with the County on or
. before a certain date; and
(4)
generally amend the laws governing survivor benefits for a domestic partner.
By amending
Montgomery County Code
Chapter 21, Fire and Rescue Services
Section 21-21
Montgomery County Code
Chapter 33, Personnel and Human Resources
Sections 33-6, 33-35, and 33-113
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.
I,
29-17
1
Sec. 1.
Sections 21-21, 33-6, 33-35, and 33-113 are amended as follows:
21-21. Length of service award program for volunteers.
There is a length of service award program for local flre and rescue department
volunteers.
(a)
2
3
4
5
[Definition] Definitions.
In
this Section, the following words and phrases
have the following meanings:
6
7
8
[active] Active volunteer
means a local fIre and rescue department
volunteer who accumulates at least 50 points in a calendar year under the
point system in subsection (k).
9
10
Domestic partner
means
~
person who was registered as
~
domestic
partner of an active volunteer with the Fire Chief on or before June 27,
2016 in
~
domestic partnership that did not end before the active
volunteer's death.
11
12
13
14
*
(e)
*
*
15
16
Survivor's benefit.
(1)
A local fIre and rescue department volunteer's surviving spouse or
domestic partner qualifles for a survivor's beneflt on the volunteer's
death if:
(A)
the surviving spouse or partner submits an application for
the beneflt; and
(B)
the volunteer met the:
17
18
19
20
21
22
23
24
(i)
years-of-service requirement for a length of service
beneflt under subsection (c); or
(ii)
requirements for a disability benefit under subsection
25
(d).
(2)
The volunteer's surviving spouse or domestic partner must receive
a monthly award payment until the spouse's death or remarriage,
-2-
26
27
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EXPEDITED BILL
No. 29-17
28
or partner's death [or establishment of another domestic
partnership], equal to 50 percent of the:
(A)
length of service benefit for which the volunteer met the
years-of-service requirement; or
(B)
volunteer's disability benefit.
29 -
30
31
32
33
34
35
36
37
38
39 .
*
[(1)
*
*
Definition.
In
this Section, "domestic partner" or "partner" means a
person whose relationship with the volunteer would meet the
requirements for a domestic partner under Section 33-22
ifth~volunteer
were a County employee.]
33-6.
Definitions.
In this article, the following words and phrases have the following meanings:
Board:
The merit system protection board as described in section 403 of the
40
41
county charter.
County employees:
All persons employed by the county regardless of merit
42
43
system status.
Domestic partner.
A person who [meets the requirements of Section 33-22] was
44
45
46
47
registered as the domestic partner of a County employee with the Office of
Human Resources on or before June
27, 2016
in
~
domestic partnership that did
not end before the County employee's death. This definition applies throughout
this Chapter unless otherwise indicated.
48
49
50
*
33-35. Definitions.
*
*
51
52
In
this Article, the following words and phrases have the following meanings:
*
*
*
53
54
Domestic partner:
A person who [meets the requirements of Section 33-22] was
registered as the doinestic partner of a member with the Office of Human
-3-
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I· -. -__ -. ____
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EXPEDITED BILL
No. 29-17
55
56
57
58
59
60
Resources on or before June 27,2016 in
§:
domestic partnership that did not end
before the member's death.
*
33-113. Definitions.
*
*
In
this Division the following words and phrases have the following meanings:
[ (
a)]
Account balances
means the balance credited to the retirement account of
61
62
a participant under the retirement savings plan as of the valuation date preceding
the date of distribution determined without regard to vesting, including:
63
64
65
66
(1 )
any participant contributions (including-contributions picked up by
the County);
(2)
(3)
County contributions; and
rollover contributions.
67
68
69
70
71
[(b)]
Board or Board of Investment Trustees
means the Board of Investment
Trustees established under Article III.
[(c)]
County
means the Montgomery County Government and, when
applicable, any participating agency.
[(d)]
County service
means any period of County employment during which a
participant is:.
72
73
74
75
76
(1 )
(2)
in pay status, or
on an approved leave of absence without pay on or after January
1,2002.
Domestic partner
means
§:
person who was registered as the domestic partner of
§:
participant With the
§:
77
78
79
80
81
Office of Human Resources on or before June 27,2016
in
domestic partnership that did not end before the participant's death.
[(e)]
Employee
means any eligible elected or appointed County official and
any full-time or career part-time County employee.
[(f)]
Employee organization
means any organization that:
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EXPEDITED BILL
No. 29-17
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92
(1)
(2)
admits employees to membership;
has as a primary purpose the representation of employees in
collective bargaining; and
(3)
is certified as an employee organization under applicable law.
[(g)]
Former participant
means any individual with an account balance in the
retirement savings plan who has ceased to be a participant.
[(h)]
Investment manager
means a person or entity who exercises discretion to
manage all or part of the assets of an institutional investor. The investment
manager is a fiduciary as defmed in Section 33-35.
[(i)]
Merit System Protection Board
means the Merit System Protection Board
established in the Charter.
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
[U)]
Non-public safety employee
means any employee who is not a public
safety employee.
[(k)]
Normal retirement date
means the first day of the month after the month
in which the participant reaches age 62. .
[(1)]
Participant
means an employee who is participating in the retirement
savings plan.
[em)]
Participant's contribution account
means the portion of a participant's
account balances
in
the retirement savings plan that is attributable to participant
contributions, including contributions picked up by the County, and any gains
or losses attributable to those contributions.
[en)]
Plan year
means the 12-month period beginning January 1 and ending on
December 31 each year.
[(0)]
Public safety employee
means any employee who is a:
(1)
(2)
sworn officer of the Police Department;
paid firefighter, paid fire officer, or paid rescue service worker of
the Montgomery County Fire and Rescue Service;
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EXPEDITED BILL
No. 29-17
109
(3)
(4)
(5)
sworn deputy sheriff;
correctional officer; or
County employee who provides services to a correctional facility
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
and designated as a public safety employee by the Chief Administrative
Officer.
[(P)]
Regular earnings
means gross pay for actual hours worked, including
paid leave, but not including overtime, without reduction for participant
contributions that are picked up under Section 33-116(a), or contributions to any
County deferred compensation plan or statutory fringe benefit program. If a
participant is required to take any furlough, as defined in personnel regulations
under Section 33-7(b) or a collective bargaining agreement, regular earnings
must include any amount the participant would have received if the participant
had not been required to take any furlough.
[(
q)]
Retirement accounts
means the required participant contributions
account, a County contributions account, and any rollover contributions
account.
[(r)]
Rollover contributions
means that portion of a participant's account
balances in the retirement savings plan that is attributable to any assets
transferred or rolled over to the retirement savings plan from another eligible
retirement plan as defined in the Internal Revenue Code Section 402(c). No
after-tax contributions may be transferred or rolled over into the retirement
savings plan.
[(s)]
Valuation date
means the last business day of March, June, September,
and December of each plan year, and any other date the Board establishes in a
uniform and nondiscriminatory manner for determining the fair market value of
the assets of the retirement savings plan.
Sec. 2. Effective Date.
-6-
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I.
.. i .
EXPEDITED BILL
No. 29-17
136
137
The Council declares that this legislation is necessary for the immediate
protection of the public interest. This Act takes effect on the date it becomes law.
-7-
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i
I
EXPEDITED BILL
No.
29-17
Approved:
Roge
Date
Approved:
Isiah Leggett, County Executive
Date
This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the Council
Date
- 8-
 PDF to HTML - Convert PDF files to HTML files
-
I
Expedited Bill No.
:::;29~-..!..17!..-
_ _ _ __
Concerning: Domestic Partner Survivor
Benefits - LOSAP - Employees'
Retirement System - Eligibility
Revised: October 10.2017 Draft No.
L
Introduced:
September 20, 2017
Enacted:
October 10, 2017
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: --!...!.No=n.!!:e<--_ _ _ _ __
Ch. _ _ , Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: COlmciImember Navarro and Katz and Council Vice President Riemer
AN EXPEDITED ACT
to:
clarify the definition of a domestic partner for the purpose of receiving County
(1)
survivor benefits;
(2)
limit County survivor benefits for a domestic partner of a local fire and rescue
department volunteer to a domestic partner registered on or before a certain date;
(3)
limit County survivor benefits for a domestic partner of a County employee under the
County retirement systems to a domestic partner registered with the County on or
. before a certain date; and
(4)
generally amend the laws governing survivor benefits for a domestic partner.
By amending
Montgomery County Code
Chapter 21, Fire and Rescue Services
Section 21-21
Montgomery County Code
Chapter 33, Personnel and Human Resources
Sections 33-6, 33-35, and 33-113
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
 PDF to HTML - Convert PDF files to HTML files
:
1-"
'··1
____
\
!
1_-
'
I
EXPEDITED BILL
No.
I,
29-17
1
Sec. 1.
Sections 21-21, 33-6, 33-35, and 33-113 are amended as follows:
21-21. Length of service award program for volunteers.
There is a length of service award program for local flre and rescue department
volunteers.
(a)
2
3
4
5
[Definition] Definitions.
In
this Section, the following words and phrases
have the following meanings:
6
7
8
[active] Active volunteer
means a local fIre and rescue department
volunteer who accumulates at least 50 points in a calendar year under the
point system in subsection (k).
9
10
Domestic partner
means
~
person who was registered as
~
domestic
partner of an active volunteer with the Fire Chief on or before June 27,
2016 in
~
domestic partnership that did not end before the active
volunteer's death.
11
12
13
14
*
(e)
*
*
15
16
Survivor's benefit.
(1)
A local fIre and rescue department volunteer's surviving spouse or
domestic partner qualifles for a survivor's beneflt on the volunteer's
death if:
(A)
the surviving spouse or partner submits an application for
the beneflt; and
(B)
the volunteer met the:
17
18
19
20
21
22
23
24
(i)
years-of-service requirement for a length of service
beneflt under subsection (c); or
(ii)
requirements for a disability benefit under subsection
25
(d).
(2)
The volunteer's surviving spouse or domestic partner must receive
a monthly award payment until the spouse's death or remarriage,
-2-
26
27
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I
EXPEDITED BILL
No. 29-17
28
or partner's death [or establishment of another domestic
partnership], equal to 50 percent of the:
(A)
length of service benefit for which the volunteer met the
years-of-service requirement; or
(B)
volunteer's disability benefit.
29 -
30
31
32
33
34
35
36
37
38
39 .
*
[(1)
*
*
Definition.
In
this Section, "domestic partner" or "partner" means a
person whose relationship with the volunteer would meet the
requirements for a domestic partner under Section 33-22
ifth~volunteer
were a County employee.]
33-6.
Definitions.
In this article, the following words and phrases have the following meanings:
Board:
The merit system protection board as described in section 403 of the
40
41
county charter.
County employees:
All persons employed by the county regardless of merit
42
43
system status.
Domestic partner.
A person who [meets the requirements of Section 33-22] was
44
45
46
47
registered as the domestic partner of a County employee with the Office of
Human Resources on or before June
27, 2016
in
~
domestic partnership that did
not end before the County employee's death. This definition applies throughout
this Chapter unless otherwise indicated.
48
49
50
*
33-35. Definitions.
*
*
51
52
In
this Article, the following words and phrases have the following meanings:
*
*
*
53
54
Domestic partner:
A person who [meets the requirements of Section 33-22] was
registered as the doinestic partner of a member with the Office of Human
-3-
 PDF to HTML - Convert PDF files to HTML files
'I
I· -. -__ -. ____
.""_-'
---
EXPEDITED BILL
No. 29-17
55
56
57
58
59
60
Resources on or before June 27,2016 in
§:
domestic partnership that did not end
before the member's death.
*
33-113. Definitions.
*
*
In
this Division the following words and phrases have the following meanings:
[ (
a)]
Account balances
means the balance credited to the retirement account of
61
62
a participant under the retirement savings plan as of the valuation date preceding
the date of distribution determined without regard to vesting, including:
63
64
65
66
(1 )
any participant contributions (including-contributions picked up by
the County);
(2)
(3)
County contributions; and
rollover contributions.
67
68
69
70
71
[(b)]
Board or Board of Investment Trustees
means the Board of Investment
Trustees established under Article III.
[(c)]
County
means the Montgomery County Government and, when
applicable, any participating agency.
[(d)]
County service
means any period of County employment during which a
participant is:.
72
73
74
75
76
(1 )
(2)
in pay status, or
on an approved leave of absence without pay on or after January
1,2002.
Domestic partner
means
§:
person who was registered as the domestic partner of
§:
participant With the
§:
77
78
79
80
81
Office of Human Resources on or before June 27,2016
in
domestic partnership that did not end before the participant's death.
[(e)]
Employee
means any eligible elected or appointed County official and
any full-time or career part-time County employee.
[(f)]
Employee organization
means any organization that:
-4-
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i
I ..
EXPEDITED BILL
No. 29-17
82
83
84
85
86
87
88
89
90
91
92
(1)
(2)
admits employees to membership;
has as a primary purpose the representation of employees in
collective bargaining; and
(3)
is certified as an employee organization under applicable law.
[(g)]
Former participant
means any individual with an account balance in the
retirement savings plan who has ceased to be a participant.
[(h)]
Investment manager
means a person or entity who exercises discretion to
manage all or part of the assets of an institutional investor. The investment
manager is a fiduciary as defmed in Section 33-35.
[(i)]
Merit System Protection Board
means the Merit System Protection Board
established in the Charter.
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
[U)]
Non-public safety employee
means any employee who is not a public
safety employee.
[(k)]
Normal retirement date
means the first day of the month after the month
in which the participant reaches age 62. .
[(1)]
Participant
means an employee who is participating in the retirement
savings plan.
[em)]
Participant's contribution account
means the portion of a participant's
account balances
in
the retirement savings plan that is attributable to participant
contributions, including contributions picked up by the County, and any gains
or losses attributable to those contributions.
[en)]
Plan year
means the 12-month period beginning January 1 and ending on
December 31 each year.
[(0)]
Public safety employee
means any employee who is a:
(1)
(2)
sworn officer of the Police Department;
paid firefighter, paid fire officer, or paid rescue service worker of
the Montgomery County Fire and Rescue Service;
- 5-
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EXPEDITED BILL
No. 29-17
109
(3)
(4)
(5)
sworn deputy sheriff;
correctional officer; or
County employee who provides services to a correctional facility
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
and designated as a public safety employee by the Chief Administrative
Officer.
[(P)]
Regular earnings
means gross pay for actual hours worked, including
paid leave, but not including overtime, without reduction for participant
contributions that are picked up under Section 33-116(a), or contributions to any
County deferred compensation plan or statutory fringe benefit program. If a
participant is required to take any furlough, as defined in personnel regulations
under Section 33-7(b) or a collective bargaining agreement, regular earnings
must include any amount the participant would have received if the participant
had not been required to take any furlough.
[(
q)]
Retirement accounts
means the required participant contributions
account, a County contributions account, and any rollover contributions
account.
[(r)]
Rollover contributions
means that portion of a participant's account
balances in the retirement savings plan that is attributable to any assets
transferred or rolled over to the retirement savings plan from another eligible
retirement plan as defined in the Internal Revenue Code Section 402(c). No
after-tax contributions may be transferred or rolled over into the retirement
savings plan.
[(s)]
Valuation date
means the last business day of March, June, September,
and December of each plan year, and any other date the Board establishes in a
uniform and nondiscriminatory manner for determining the fair market value of
the assets of the retirement savings plan.
Sec. 2. Effective Date.
-6-
 PDF to HTML - Convert PDF files to HTML files
i
I.
.. i .
EXPEDITED BILL
No. 29-17
136
137
The Council declares that this legislation is necessary for the immediate
protection of the public interest. This Act takes effect on the date it becomes law.
-7-
 PDF to HTML - Convert PDF files to HTML files
i
I
EXPEDITED BILL
No.
29-17
Approved:
Roge
Date
Approved:
Isiah Leggett, County Executive
Date
This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the Council
Date
- 8-