In this title, the following words have the meanings indicated.
(a) "Active participant" means a participant who is currently making contributions to the plan, including a participant on an authorized leave of absence without pay of not more than one year.
(b) "Active vested participant" means an active participant who has met the requirements for full or partial vesting under the plan.
(c) "Administrator" means the Anne Arundel County Personnel Officer or any other County official designated by the County Executive.
(d) "Compensation" means the participant's annual salary for an employee paid on a salary pay scale; the rate of hourly pay multiplied by 2,080 hours for a full-time employee paid on an hourly pay scale; and the rate of hourly pay multiplied by scheduled hours for a part-time employee paid on an hourly pay scale. "Compensation" includes earnings that have been reduced under the County's Deferred Compensation Plan under the Internal Revenue Code § 457 and under any other statutory fringe benefit program sponsored by an employer and permitted by the Internal Revenue Code. Notwithstanding any other provision of the plan, the compensation of any participant taken into account under the plan for any year may not exceed the dollar limit under Internal Revenue Code § 401(a)(17). This dollar limitation shall be adjusted automatically at the same time and in the same manner as any cost-of-living adjustment made by the Secretary of the Treasury under Internal Revenue Code § 415(d), as modified by Internal Revenue Code § 401(a)(17).
(e) "Employee" means an individual who is employed by the County or who is otherwise eligible to participate in the plan.
(g) "Employer" means the County and, when applicable, any agency whose employees are participants in the plan.
(h) "Employer contribution" means that portion of the participant's plan account which is attributable to contributions made under § 6-6-201(d), as increased or decreased by investment.
(i) "Internal Revenue Code" means the Internal Revenue Code of 1986 and the regulations promulgated thereunder, as amended from time to time.
(j) "Military service" means induction into the Armed Forces of the United States, as defined in 10 U.S.C. § 101(a)(4), for training and service under the Selective Service Training and Service Act of 1940 or a subsequent act of a similar nature; enlistment into the Armed Forces of the United States as defined in 10 U.S.C. § 101(a)(4); or membership in a reserve component of the Armed Forces of the United States, as defined in 10 U.S.C. § 101(a)(4), on active duty or ordered or assigned to active duty.
(k) "Normal retirement age" means age 60.
(l) "Participant" means any employee who participates in the plan as provided in § 6-6-103. A participant shall continue to be a participant as long as the participant has a plan account.
(m) "Plan" means the Anne Arundel County Employee Retirement Savings Plan created under this title.
(n) "Plan account" means the amount held under the plan for the account of a participant, and shall equal the sum, as increased or decreased by investment, of the participant's employee contribution, employer contribution, and rollover contribution.
(o) "Plan year" means the 12 month period beginning each January 1 and ending each December 31 during which the plan is in effect.
(p) "Qualified domestic relations order" means a qualified domestic relations order as defined in the Internal Revenue Code § 414(p)(1)(a).
(q) "Rollover contribution" means an amount contributed to the plan on or before the 60th day after the day the contributing employee received it, if the amount received by the employee is a distribution which is eligible for rollover to the plan under Internal Revenue Code § 402 and is a distribution from one of the following:
(1) another retirement plan qualified under Internal Revenue Code § 401(a) or § 403(a);
(2) to the extent permitted under the Internal Revenue Code, an individual retirement account or annuity described in Internal Revenue Code § 408(a) or (b), but only if the distribution would otherwise be includible in gross income;
(3) to the extent permitted under the Internal Revenue Code, a distribution from an annuity contract described in Internal Revenue Code § 403(b); or
(4) to the extent permitted under the Internal Revenue Code, an eligible plan under Internal Revenue Code § 457(b) that is maintained by a State, political subdivision of a State, or any agency or instrumentality of a State or political subdivision of a State.
(r) "Rollover contribution account" means that portion of a participant's plan account which is attributable to contributions made under § 6-6-201(e), as increased or decreased by investment.
(s) "Savings plan service" means the total time of employment during which the employer contributed to the plan on behalf of the participant plus credited service under any Anne Arundel County pension plan.
(t) "Total and permanent disability" means that, as a result of bodily injury or disease, the participant is wholly and permanently prevented from engaging in any occupation or employment for remuneration or profit or continuing as an employee of the County.
(u) "Trust" means the trust established under the plan or under a separate trust agreement which forms a part of the plan.
(v) "Trust fund" means the assets of the trust.
(w) "Trustee" means the trustee of the trust serving from time to time.
(x) "Vested" or "vesting" means the accrual by a participant of a right to a portion or all of the participant's plan account.
(Bill No. 95-17)